594
THE HONGKONG GOVERNMENT GAZETTE, 6TH DECEMBER, 1873.
Examination of
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 Inference 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 Accused before Trial at the Criminal Sessions, his Examination before the Com- Magistrate to he Evidence. mitting Magistrate shall be given in Evidence at the Trial.
See Criminal
Procedure
Code, Sec.
249.
Examination of IV. The Judge presiding at any Criminal Sessions may, from accused Person Time to Time at any Stage of the Trial, examine the accused by Judge. See Criminal Person, and shall question him generally on the Case after the Witnesses for the Prosecution have been examined and before he enters upon his Defence.
Procedure Code, Sec. 250.
Suspending Clause.
V. This Ordinance shall commence and take Effect on such Day as shall hereafter be fixed by Proclamation under the Hand 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 liere, 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.
No. 189.
GOVERNMENT NOTIFICATION.
Tenders will be received at this Office, until Noon of Tuesday, the 23rd instant, for the privilege of Farming all Granite Quarries in Hongkong, and Kowloong, from 1st January, 1874.
Persons desirous of tendering are directed to call at the Surveyor General's Office, where the conditions can be ascertained, and proper Forin of Tender obtained.
No Tenders will be received, unless the Person tendering shall produce a receipt to the effect that he has deposited in the Colonial Treasury the sum of $350 as a pledge of the bona fides of his offer,— which sum shall be forfeited to the Crown if such Person shall refuse to carry out his Tender.
By Command,
1
CECIL C. SMITH, Acting Colonial Secretary.
Colonial Secretary's Office, Hongkong, 3rd December, 1873.
No. 190.
GOVERNMENT NOTIFICATION.
The following Notification, received from the Government of India, is published for general
* information.
By Command,
Colonial Secretary's Office, Hongkong, 4th December, 1873.
CECIL C. SMITH, Acting Colonial Secretary.