THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
otherwise be removed therefrom or discharged out of his custody by due course of law.
65. In all cases where a charge or complaint for any indictable offence shall be made before a Magistrate, if it be intended to issue a warrant in the first instance against the accused, an information and complaint thereof in writing on the oath of the informant or of some witness or witnesses in that behalf shall be laid before such Magistrate: Provided always, that in all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that such informa- tion and complaint shall be in writing or be sworn to in manner aforesaid but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Pro- vided also, that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the Magistrate who shall take the examination of the witnesses in that behalf as hereinafter mentioned.
66. The provisions with reference to summonses herein- before contained in Part III. of this Ordinance in relation to offences punishable summarily shall apply equally mututis mutandis to summonses under this part of the Ordinance.
67. The provisions with reference to the form of war- rants, the direction to be contained therein and the execu- tion thereof hereinbefore contained in Part III. of this Ordinance in relation to offences punishable summarily shall apply equally mutatis mutundis to warrants under this part of the Ordinance.
68. All warrants to apprehend any person charged with an indictable offence and all search warrants in respect of similar offences may be granted and issued on Sunday as well as any other day.
69. If it shall be made to appear to a Magistrate by the oath of any credible witness that any person is likely to give material evidence on the part of the prosecution and will not voluntarily appear at the time and place appointed for the examination of the witnesses against the accused the Magistrate may enforce the attendance of such witness in the manner hereinbefore provided in Part III. of this Ordinance for the enforcing the attendance of a witness under the summary jurisdiction of such Magistrate; if on the appearance of such witness he shall refuse to be examined upon oath concerning the matter of the said information or complaint or shall refuse to take such oath or having taken such oath shall refuse to answer such questions concerning the premises as shall then be put to him, a Magistrate then present may by warrant” (XI.) under his hand and seal commit such person to prison there to remain and be imprisoned for any time not exceeding seven days unless he shall in the meantime consent to be examined and to answer concerning the premises.
70. If upon the hearing of an information or charge for an indictable offence from the absence of witnesses or from any other reasonable cause it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time it shall be lawful to and for the Magistrate before whom the accused shall appear or be brought up by his warrant (XII., LXXVI.) from time to time to remand the accused for such time as by such Magistrate in his discretion shall be deemed reasonable not exceeding eight clear days to prison or some place of secu- rity; or if the remand be for a time not exceeding three clear days it shall be lawful for such Magistrate verbally to order the constable, peace officer or other person in whose custody the accused may then be or any other con- stable or person to be named by the said Magistrate in that behalf to continue and keep the accused in his custody and to bring him before the same Magistrate at the time appointed for continuing such examination: Provided always, that such Magistrate may order the accused to be brought before either Magistrate at any time before the expiration of the time for which the accused shall be so remanded, and the gaoler or officer in whose custody he shall then be shall duly obey such order: Provided also, that, instead of detaining the accused in custody during the period for which he shall be so remanded, a Magis- trate before whom the accused shall so appear or be brought as aforesaid may discharge him, upon his entering into a recognisance with or without a surety or sureties (LXXVII., LXXVIII.) at the discretion of such Magistrate condi-
Information
to lead to warrant in the first instance to be In writing and on cath. (11 & 12 V.
c. 42, B. 8.)
Provision a5
to summonses, How served,
&c.
(11 & 12 V. c. 42, s. 9.j
Prevision as
to warranEA. (11 & 12 V.
c. 42, s. 10.)
Warrant to apprehend
and search issuable on Sunday. (21 & 22 V. c. 42, s. 4.)
Summona or warrant for witness.
(11 & 12 V. c. 42, s. 16.)
Power to remand the accused. (1 & 12 V. c. 42, 8. 21.)
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