528
THE HONGKONG GOVERNMENT GAZETTE, 8TH APRIL, 1899.
Form of declaration Penalty for Perjury.
Service of
process and
execution of judgments and sentences.
Jurisdiction of Magis- trate.
Withdrawal
18. It shall be lawful for any president of any such Court, for the purposes of the jurisdiction and duties hereby conferred upon him, and he is hereby authorised to admi- nister to any witness the following declaration in Chinese:- "You shall speak the truth, the whole truth and nothing but the truth in your evidence in this case"; and, if any person shall in the unanimous opinion of the members of such Court wilfully give false evidence in open Court, such person so offending shall be subject to the payment of a fine not exceeding ten dollars or to imprisonment with hard labour for any period not exceeding one month, and the president may make a summary order for the punish- ment of such person accordingly, without any prosecution for perjury being instituted.
19. Every watchman shall be bound, within the District or Sub-district to which he belongs, to execute all judgments and sentences when so required or directed, and to serve and execute all documents and processes in all cases which he may be required or directed by any District or Sub-district Court or any President thereof to serve or execute according to the extent of its jurisdiction, and to report such service or execution to such Court or president, as the case may be, and to receive into custody and detain all such persons as shall by such Court or president be committed to his charge and to take them to the lock-up if they are sen• tenced to imprisonment or their detention is ordered.
20. In addition to his ordinary jurisdiction a Magistrate shall have jurisdiction to inquire into, try and determine or commit for trial any case which any District or Sub-district of case from Court may deal with, and he may withdraw any case which District or is being investigated by any such Court from such Court Sub-district
and may himself inquire into and deal with such case. Court. Rules of procedure for the
21. It shall be lawful for the Governor-in-Council from time to time to make Rules (subject to the provisions of this Ordinance, and not inconsistent therewith) to be observed Sub-district by the District and Sub-district Courts hereby created, touching and concerning all or any of the following
District and
Courts.
to be summary
matters :-
(1.) The form and manner of proceeding to be observed
in cases before them;
(2.) The process to be issued by them, aud the mode of
enforcing the same ;
(3.) The execution of judgments and sentences, the seizure and sale of movable and immovable property, and the disposal of claims in execution;
(4.) The form, time, and mode of appealing from their
decisions;
(5.) The summoning of members of the Court to be
present at its sittings ;
and generally to make all such Rules as may be necessary to give full and complete effect to the provisions of this Ordinance. Such Rules shall be published in English and Chinese in the Gazette, and shall thereupon become as legal, valid, and effectual, as if the same had been inserted Proceedings in this Ordinance. Subject to such Rules the proceed- ings of such Courts shall be conducted in the Chinese langu- and free from age, and shall be summary and free from the formalities of formality.
judicial proceedings; and it shall be the duty of such Courts to do substantial justice in all questions coming before them, without regard to matters of form; and no barrister, proctor, attorney, solicitor or agent (excepting husbands for their wives, guardians and curators for minors and wards, and agents doing business in the District or Sub-districts for absent principals) shall be permitted to appear on behalf of any party in any case before such Courts.
Where charge is beyond the jurisdiction case to be
referred to competent Court. President to report all cases tried and to for-
ward pro- ceedings.
22. If in the course of any trial before any District or Sub-district Court it shall appear that the case under trial is, from its nature or magnitude, beyond the jurisdiction of such Court, the president shall forthwith stop the trial, and order that the case be transferred to the Magistrate or proper Court having jurisdiction to try the same.
23. It shall be the duty of the president of every Dis- triet aud Sub-district Court to report weekly all cases tried before such tribunal to the Colonial Secretary. Records of all proceedings shall be open at all times to the inspec- tion of the Colonial Secretary and due provision shall be made for their safe custody. The Colonial Secretary may at any time sit with the president and other members of the Court and observe their proceedings, and shall from time to time report on such proceedings to the Governor.