THE HONGKONG GOVERNMENT GAZETTE, ST JULY, 1899.
or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and deten- tion: Provided that no such imprisonmcut shall exceed twelve months in duration: Provided, also, that a Judge may at any time order the discharge of any such prisoner.
(2.) The return of the Bailiff, or of the Keeper of the Prison, to any writ of habeas corpus of an arrest or detainer under any judgment or order of the Court for non-paymen of any fine or forfeiture imposed or incurred as aforesaid, shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detainer was made.
(3.) The Court or a Judge shall have power to reduce or remit any fine or forfeiture imposed by the Court, or in- curred by any person in respect of the Court, at any time within three months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied.
Purdon.
bance, s. 226.
104. Any Magistrate or the Court may, with the con- Power to the sent in writing of the Attorney General, order that a Court to grant pardon be granted to any person accused or suspected of, conditional
pardon. or committed for trial for, any indietable offence, ou con- B. G. Ordi- dition of his giving full and true evidence on any preli- minary inquiry or any trial; and such order shall have effect as a pardon by the Governor, but may be withdrawn by the Magistrate or the Court on proof satisfying him or it that such person has 'withheld evidence or given false evidence.
c. 28 A, 13.
105. In every ease where either a free or conditional Effect of pardon is granted to any person, the discharge of the offender pardon. in the case of a free pardon, and the performance of the and Geo. 4, condition in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the Public Seal of the Colony.
nance, 8. 228.
106.-(1.) Whenever the Governor, in the name and on Recording of behalf of Her Majesty, is pleased to grant to any offender pardon. a pardon under the Public Seal of the Colony, or to issue . G. Ordi any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in a book to be kept by him for that purpose, and to endorse such pardon warraut with the word * Recorded " and with his signature.
or
(2.) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all Courts, Judges, Magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.
107. Subject as hereinbefore provided, nothing in this Saving of Ordinance shall affect Her Majesty's Royal Prerogative of Royal Mercy or any prerogative of mercy vested in the Governor, Prerogative.
Error, etc.
3. G. Ordi- lange, 8, 229,
103. No proceeding in error shall be taken upon any Prohibition of trial under the provisions of this Ordinance.
proceeding in
error,
16. Ordi- Hance, s. 232.
Procedure on
treason.
B. G. ONli-
109. The practice and procedure in respect of any charge of or trial for treason or misprision of treason shall be, as trial for nearly as possible, but subject to the provisions of any statute for the time being in force in the Colony relating age, 23. to juries, the same as the practice and procedure in respect of a charge of or trial for a like offence for the time being in force in England.
Temporary Provisions.
information.
110. Where in any Ordinance, or in any rule, regulation, Interpretation by-law, or order, or in any other document of whatever of reference to kind, reference is made to an “information" in the Court in Drafted, respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to au indictment in the Court.
111. The enactments mentioned in the Second Schedule Repeal of to this Ordinance are hereby repealed.
enactments.
Second Schedule.
No. 3 of 1865,
72.
1095