THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.
reference back to the Magistrate shall be that the inquiry
shall be re-opened and dealt with in all respects as if the
accused person had not been committed for trial.
14.-1.) Any direction given by the Attorney General Further
under either of the last two preceding sections shall be in provisions as writing signed by hi
Magistrate.
(2.) The Attorney Ge or revoke any such di
in.
y the to referring
back of case. B. G. Ordi-
al may at any time add to, alter, anco, 74.
(3.) A copy of any su, directions shall be forthwith transmitted by the Attorney General to the Registrar, and shall be filed by the Registrar with the copy of the docu- ments in the case, if any, transmitted to him by the Magis-
trate.
(4.) When the Attorney General directs that a case shall be dealt with summarily under section 12, or that an inquiry shall be re-opened under section 13, the following provisions shall have effect, that is to say,-
(a.) Where the accused person is in custody, the Magistrate may, by an order in writing under his hand, direct the Keeper of the Prison to convey him or cause him to be conveyed to the place where such proceedings are to be held for the purpose of being dealt with as the Magistrate may direct; (b.) Where the accused person is on bail, the Magis- trate shall issue a summons for his attendance at the time and place when and where such proceedings are to be held; and
(c.) Thereafter the proceedings shall be continued under the provisions of Part III or of Part IV of the Magistrates Ordinance, 1890, as the case may No. 10 of 1880. be.
Bail.
15. The Court or a Judge may at any time, ou the ap- Power to the plication of any accused person, order such person, whether Court or he has been committed for trial or not, to be admitted to Judge to bail, and the recognizance of bail may, if the order so directs, be taken before any Magistrate or Justice of the Peace.
Institution of Proceedings.
bail accused person. B.'G, Ordi- nance, s. 81.
16. On receipt of the documents relating to the case, Institution of the Attorney General, if he sees fit to institute criminal proceedings proceedings, shall institute such proceedings in the Court by the Attor against the accused person as to him may seem legal and ney General.
proper.
B. G. Ordi- nance, s. 110,
17. The Attorney General shall not be bound to pro- Right of the secute an accused person in any case in which he may be Attorney of opinion that the interests of public justice do not require General not his interference.
Indictment.
to prosecute. B. G. Ordi- nance, s. 111,
18. (1.) Every indictment shall be signed by the Attor- Signing and ney General, and shall bear date on the day when it is signed. form of
(2.) Every indictment may be in the form contained in No. 2 of 1869,
indictment. the First Schedule to this Ordinance, with such additions 6.3 and 5. and modifications as may be necessary to adapt it to the First circumstances of the particular case.
Schedule: Form No. 1.
19.-(1.) Any number of counts for any offences what- Joinder of ever may be joined in the same indictment, and shall be counts and sufficiently distinguished Provided that to a count charg-Ped
proceedings ing murder no count charging any offence other than murder shall be joined.
B. G. Ordi- nance, s. 101. See No. 3 of
(2.) Where there are more counts than one in an indict- 1865, *. 7. ment, each count may be treated as a separate indictment.
(3.) If the Court thinks it conducive to the ends of justice to do So, may direct that the accused person shall be tried upon any one or more of such counts separately. Such order may be made either before or in the course of the trial, and, if it is made in the course of the trial, the jury shall be discharged from giving a verdict upon the counts on which the trial is not to proceed. The counts in the indict- ment which are not then tried shall be proceeded upon in all respects as if they had been contained in a separate indictment: Provided that, unless there are special reasons for so doing, no order shall be made preventing the trial at the same time of any number of distinct charges of larceny, or of embezzlement, or of larceny and embezzlement, not exceeding three, alleged to have been committed within six mouths from the first to the last of such offences, whether against the same person or not.
1081.