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1190 THE HONGKONG GOVERNMENT GAZETTE, 30TH NOVEMBER, 1895.
Investigation by Magistrate.
Examination of witnesses.
Closure of enquiry and release of premises.
Committal of suspected person to answer charge.
Power to
summon
witnessos, &c.
Removing property, &c.
necessary, of the owners and all others; and he shall make or caused to be made, personally, or by some officer of not lower grade than an Inspector of Police, a full and minute inspection of such premises and shall forthwith make a written report in detail to a Magistrate of the state of the said premises and of the contents, if any, thereof, furnishing also all such information touching the origin and circum- stances of the fire as he may be able to obtain.
3. Upon the receipt of such report the Magistrate, unless upon a consideration of the facts stated therein he is of opinion that such enquiry is unnecessary, shall proceed to investigate the causes of the fire and shall, with as little delay as practicable, take the depositions upon oath of all persons likely to know the facts and circumstances and of all other persons who in his opinion may be able to furnish informa- tion in respect thereof.
4. It shall be lawful for any Inspector of Police, or for any interested person present at such investigation, with the leave of the Magistrate, to examine the witnesses and to canso such persons to be examined as may give due and proper information touching such case of fire.
5. If, in the opinion of the Magistrate, the investigation does not disclose any offence or, although it discloses au offence, does not show any reasonable cause for suspecting any particular person or persons of having committed such offence, the Magistrate shall close the enquiry and order the release of the premises, provided that such closure and release shall be no bar to any information or proceedings against any person or persons for an offence against the law.
6. If in the opinion of the Magistrate the fire is the result of crime, and there is reasonable cause to suspect and he shall suspect any person or persons of having committed an offence against the law, he shall have power to commit such person or persons to prison to answer any charge that may be brought against him or them in the Police Court or, in his discretion, to require him or them to give security to his satisfaction to appear and surrender to answer auy such charge, and, upon such charge, the Magistrate may take the evidence as in other cases.
7. For the purpose of this ordinance, and in relation to all investigations held thereunder and for the summoniug of witnesses and for all proceedings in connection with such investigations, the Magistrate shall have all the powers possessed by a Magistrate in relation to cases of indictable offences, and the Captain Superintendent of Police shall render to him all proper and necessary assistance.
8. Except upon an order from the Magistrate, who may in his discretion on good cause shewu give such order, any person removing or attempting to remove, any property from premises in possession of the Police under the provi- sions of this Ordinance, shall be liable, on summary con- viction before a Magistrate, to a penalty of not exceeding $100, or to imprisonment with hard labour for any term not exceeding six months.
Reasons and Objects.
As Ordinance No. 23 of 1888 required two separate Magistrates to carry out its provisions and there is, at pre- sent, only one Magistrate, it became necessary to modify the Ordinance. In the circumstances it was considered better to re-draft it, and in so doing to effect certain other amendments.
In Ordinance No. 23 of 1888, section 6 prevented any use being made of the evidence on the enquiry against any accused person on the subsequent proceedings. It said nothing to forbid such use in favour of such accused person, and the wording of the section was somewhat ambiguous. This section has accordingly been omitted and some other slight alterations have been made.
W. MEIGH GOODMAN, Attorney General.