THE HONGKONG GOVERNMENT GAZETTE, ST JULY, 1899.
of imprisonment which such person is then undergoing, or has been so previously sentenced to undergo, as aforesaid.
70. No confession, verdiet, inquest, conviction, or judg- Abolition of ment of or for any treason, or felony, or felo de se shall attainder, cause any attainder or corruption of blood or any forfeiture & Vict. or escheat.
c. 23, s. 1.
ment of trial.
71. In any case where the trial of an accused person is Effect on postponed, it shall be lawful for the Court to respite the recognizance recognizance of the accused person and his surety or of postpone- sureties, if any, accordingly; and in such case the accused B. G. Ordi- person shall be bound to appear to be tried at the time and nance, s. 163, place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he was originally bound by his re- cognizance to appear and be tried at the time and place to which such trial has been so postponed.
Costs and Compensation.
72.-(1.) It shall be lawful for the Court, if it thinks fit, Power to the on the conviction of any person for an indictable offence, Court to award in addition to such sentence as may otherwise by law be costs against passed, to condemn such person to the payment of the whole person or any part of the costs or expenses incurred in and about indictable the prosecution and conviction for the offence of which he offence. is convicted.
(2.) The payment of such costs and expenses or any part thereof may be ordered by the Court to be made out of any moneys taken from such person on his apprehension, or may be enforced at the instance of any person liable to pay or who may have paid the same in such and the same manner as the payment of any costs ordered to be paid by the judg- ment or order of the Supreme Court in any civil suit or proceeding may for the time being be enforced: Provided that in the meantime and until the recovery of such costs and expenses from the person so convicted as aforesaid, or from his estate, the same shall be paid and provided for in the same manner as if this Ordinance had not been passed; and any money which may be recovered in respect thereof from the person so convicted, or from his estate, shall be applicable to the reimbursement of any person or fund by whom or out of which such costs and expenses may have been paid or defrayed.
convicted of
33 & 34 Vict. c. 23, s. 3,
73.-(1.) It shall be lawful for the Court if it thinks fit, Power to the on the application of any person aggrieved, and immediately Court to after the conviction of any person for an indictable offence, award com- to award any sum of money, not exceeding five hundred pensation to dollars, by way of satisfaction or compensation for any loss frauded or of property suffered by the applicant through or by means injured by of the said offence.
person de-
commission of indictable offence.
33 & 31 Vict.
(2.) The amount awarded for such satisfaction or com- pensation shall be deemed a judgment debt due to the person c. 23, a. 4. entitled to receive the same from the person so convicted, and the order for payment of such amount may be enforced in such and the same manner as in the case of any costs or expenses ordered by the Court to be paid under the last preceding section.
Arraignment and Trial of Insane Person,
ed
74.—(1.) If an accused person appears, either before Procedure or on arraignment, to be insane, the Court may order a where accus- jury to be empanelled to try the sanity of such "person, and person the jury shall thereupon, after hearing evidence for that arraignment, purpose, find whether such person is or is not insane and or during unfit to take his trial.
appears on
trial, to be insane,
nance, s. 174.
(2.) If, during the trial of an accused person, such person R. G. Özdi- appears, after the hearing of evidence to that effect or other- wise, to the jury charged with the indictment to be`insane, the Court shall in such case direct the jury to abstain from finding a verdict upon the indictment, and, in licu thereof, to return a verdict that such person is insane: Provided that a verdict under this section shall not affect the trial of any person so found to be insaue for the offence for which he was indicted, in case he subsequently becomes of sound mind.
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