1080
THE HONGKONG GOVERNMENT GAZETTE, STH JULY, 1899.
before the Court for delivery.
Bringing of 7.—(1.) The Keeper of the Prison shall, by himself certain classes or his deputy, on the first day of every session of the of prisoners Court, deliver in open Court to the presiding Judge a correct list of all persons in his custody upon any charge of an indictable offence who have not been then tried, or upon whom sentence has not been then passed, or who have been committed in default of sureties to keep the peace or other- wise, distinguishing, as accurately as may be, their names, ages, and sexes, with the dates of their respective commit- ments, and the authority under which they were respectively committed.
B. G. Ordt- natice, s. 14.
Assistance to be given by Police.
B. G. Ordi Janice, s. 11. (2.)
Prisoners
B. A. Ordi- nanico. . 16.
(2.) The Keeper shall also, by himself or his deputy, bring and produce in open Court, on such days and times of such session as the Court may direct, all such persons in his custody as aforesaid as the Court may direct him so to bring and produce.
8. The Police shall afford such assistance as may be necessary to enable the Keeper of the Prison to comply with the requirements of the last two preceding sections.
9. At the conclusion of every session of the Court, the entitled to be Court shall discharge all prisoners not under sentence discharged.
remaining in any Prison who, by the law of this Colony for the time being in force, and, in default of such provisions and so far as the same may not extend, by the law of England for the time being in forec, would be then entitled to their discharge upon gaol delivery, and also all other accused persons committed for trial at snch session and remaining untried who, by the said law, would be entitled to such discharge; and the Court may also discharge all prisoners remaining in any Prison in default of sureties to keep the peace who, in the opinion of the Court, ought to be so discharged.
Procedure of the Court in matters not
provided for.
B. G. Ordi- nance, e. 17. See also No. 12 of 1873, #.9.
Transmission
case.
B. G Ordi- nance, 4, 70.
10. Subject to the provisions of this Ordinance and of any other statute for the time being in force, the practice and procedure of the Court shall be, as nearly as possible, the same as the practice and procedure for the time being in force in criminal causes and matters in the High Court of Justice and the Courts of Assize in England.
PART II,
PROCEEDINGS PRELIMINARY TO TRIAL.
11.-(1.) The following documents together with a of documents ecrtified copy thereof shall, as soon as may be after the relating to
committal of the accused person, be transmitted by the Magistrate to the Crown Solicitor for the use of the Attorney General, that is to say, the information, if any, the warrant of apprehension, if any, the depositions of the witnesses, the documentary exhibits thereto, the state- ment of the accused person, and the record of his examina- tion, if any, and the recognizances entered into.
Power to the Attorney General to refer back case to be dealt with summarily.
B. G. Ordi- Hanco, R. 73. See No. 2 of 1860, . 9.
Power to the Attorney General to refer back ease for further inquiry.
B. G. Ordt- Nanco, s. 72.
See No. 2 of 1869, #. 9.
(2.) A certified copy of all such documents shall, either at the same time or as soon as possible thereafter, be trans- * mitted by the Magistrate to the Registrar for the use of the Court.
(3.) All exhibits, other thau documentary exhibits, shall, unless the Magistrate otherwise directs, be taken charge of by the Police, and shall be produced by them at the trial.
(4.) The transmission of documents provided for by this section shall be in substitution for the transmission thereof to the Registrar as at present provided by law.
Referring back of Case.
12. If, after the receipt of the documents relating to the case, the Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the Attorney General may, if he thinks fit, at any time after such receipt, refer back such documents to the Magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper.
13.-(1.) At any time after the receipt of the documents relating to the case and before the trial of the accused person, the Attorney General may, if he thinks fit, refer back such documents to the Magistrate with directions to re-open the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such other directions as he may think proper.
(2.) Subject to any express directions which may be given by the Attorney General, the effect of any such