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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1865.
Pleading to Indiet- ment or Information.
Effect of a Plea of "Not Guilty."
XXII. The Prisoner to be tried upon any Indictment or Information shall be placed at the Bar unfettered, unless the Court shall see Cause otherwise to order; and the Indictment or Information shall be read over to him, by the Registrar or other Officer of the Court, and explained, if need be, by that Officer, or the Interpreter of the Court; and such Prisoner shall be required to plead instantly thereto; unless where the Prisoner is entitled to Service of a Copy of the Indictment or Information, he shall object to the want of such Service, and the Court shall find that he has not been duly served therewith.
XXIII. Every Prisoner upon being arraigned upon or charged with any Information by pleading generally thereto the plea of "Not Guilty" shall without further form be How Plea of deemed to have put himself upon the Country for Trial, and in any Plea of Autrefois Acquit to be pleaded. Convict or Autrefois Acquit it shall be sufficient for any Prisoner to state that he has been lawfully Convicted or Acquitted, (as the case may be) of the said Offence charged in the Indictment or Information.
Autrefois Convict or
If Prisoner refuses to Plead how to be dealt with.
Amendment.
Power to adjourn Trial.
How far a Party
Witness.
XXIV. If any Prisoner being arraigned upon, or charged with, any Indictment or Information stand "Mute of Malice, or who neither will, nor by reason of infirmity, can answer directly to the Indictment or Information, the Court shall, if it think fit, order the Registrar to enter a Plea of "Not Guilty" on behalf of such Prisoner, and the Plea so entered shall have the same force and effect as if such Prisoner had actually pleaded the same; or else the Court shall thereupon cause a Jury to be impanelled to try whether the Prisoner be of sound or unsound mind, and if he shall be found to be of unsound mind the Court shall make such Order touching the safe custody of the Prisoner as to the Court shall seem just and proper; and if he shall be found of sound mind the Court shall proceed with the Trial.
XXV. It shall be lawful for the Court at any time [during the progress of the Trial] to amend the Indictment or Information in any matter of Foria or Substance, the omis sion or insertion of which, as the case may be, has not, in the opinion of the Court, prejudiced [or is calculated to prejudice] the Prisoner in his Defence.
XXVI. It shall be lawful for the Court, at the Trial of any Cause where it may deem it right for the purpose of Justice, to order an adjournment for such time, and subject to such Terms and Conditions as to Costs, and otherwise, as the said Court may think fit.
XXVII. A party producing a Witness shall not be allowed to impeach his credit may discredit his own by general evidence of bad Character, but he may, in case the Witness shall in the opinion of the Court, prove adverse, contradict him by other evidence, or, by leave of the Court, prove that he has made at other times a Statement inconsistent with his present Testimony but before such lastmentioned Proof can be given, the circumstances of the supposed Statement, sufficient to designate the particular occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement.
Proof of contradic-
verse Witness.
XXVIII. If a Witness, upon Cross-examination as to a former Statement made by tory Statements of ad- him relative to the subject matter of the Cause, and inconsistent with his present Testimony, does not distinctly admit that he has made such Statement, Proof may be given that he did in fact make it; but before such Proof can be given, the circumstances of the supposed Statement, sufficient to designate the particular occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement.
Cross-examination
as to previous State-; ments in writing.
Proof of previous conviction of a Wit-
**
XXIX. A Witness may be cross-examined as to previous Statements made by him in writing or reduced into writing, relative to the subject matter of the Cause, without such writing being shown to him; but if it is intended to contradict such Witness by the writing, his attention must, before such contradictory Proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always, that it shall be competent for the Court, at any time during the Trial, to require the production of the Writing for its inspection, and the said Court may thereupon make such use of it, for the purposes of the Trial, as it shall think fit.
XXX. A Witness in any cause may be questioned as to whether he has been ness may be given. convicted of any Felony or Misdemeanor, and, upon being so questioned, if he either denies the fact, or refuses to answer, it shall be lawful for the opposite party to prove