THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1873.
The accused Person shall not render himself liable to Punish- ment for Refusal to answer such Question or for giving false Answer to them, but the Magistrate shall draw such Înference as may seem to him just from such Refusal.
The Answer given by such accused Person may be put in Evidence against him, in the Case under Inquiry.
III. In the Event of any accused Person being committed for Examination of Trial at the Criminal Sessions, his Examination before the Com- Accused before mitting Magistrate shall be given in Evidence at the Trial.
Magistrate to
be Evidence. See Criminal Procedure
Code, Sec. 249.
IV. The Judge presiding at any Criminal Sessions may, from Examination of Time to Time at any Stage of the Trial, examine the accused accused Person
by Judge. Person, and shall question him generally on the Case after the
See Criminal Witnesses for the Prosecution have been examined and before he Procedure enters upon his Defence.
Code, Sec.
250.
V. This Ordinance shall commence and take Effect on such Suspending Day as shall hereafter be fixed by Proclamation under the Hand Clause. of the Governor.
Statement of Objects and Reasons.
This Ordinance, which is a modification of that which was passed as Ordinance No. 3 of 1872, is introduced at the sugges- tion of the Secretary of State. Its provisions, which are taken as nearly verbatim as circumstances would permit from the Indian Code of Criminal Procedure (Act No. X of 1872), do not differ in principle from those of the original Ordinance. The practice of interrogating accused persons has long been in force in India, and as the present Code of Criminal Procedure re- enacts with certain modifications, the provisions on this subject contained in the original Act of 1867, no doubt experience proves it to have worked well there, and there certainly seem to be no objections to the introduction of the system here, which would not apply with equal force to India, where it has been tried and approved.
The opinion is daily gaining ground that the existing procedure bears oppressively upon the accused, if innocent, and is too favor- able to him, if guilty. Under it a most direct and simple way of arriving at the truth of a case is neglected, while an interrogation of the accused, where properly conducted, and confined to the charges before the Court, would tend to assist materially not only in the detection of crime, but in no less degree in the protection of innocent persons who have been wrongfully charged with any offence.
THOS. C. HAYLLAR, Acting Attorney General,
585
No. 185.
GOVERNMENT NOTIFICATION.
Complaints having been made ås to blocking up the Praya East by the transport of Timber, &c., across the Road, it is hereby notifed that no permission will be given to close the Praya for the purposes indicated, between the hours of 6 A.M. and 8 A.M., and of 3.30 P.M. and 7 P.M.
By Command,
Colonial Secretary's Office, Hongkong, 27th November, 1873,
No. 186.
GOVERNMENT NOTIFICATION.
CECIL C. SMITH, Acting Colonial Secretory.
The following Notification issued by the Government of the Straits Settlements, is published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 29th November, 1873.
CECIL C. SMITH, Acting Colonial Secretary.