422
No. 3 of 1890.
Power to the Court or Judge to bail accused person.
Institution of proceedings by Attorney General.
Right of Attorney
No. 9.] THE ORDINANCES OF HONGKONG : [AD
time add to, alter, or
(2.) The Attorney General may at any such direction.
(3.) A copy of any such direction shall be forthwith transmitted to the Registrar by the Attorney General, and shall be filed by the Registrar with the copy of the documents in the case, if transmitted to him by the Magistrate.
(4.) When the Attorney General directs that a case shall be dealt with summarily under section 12 or that an inquiry shall be held under section 13, the following provisions shall have effect, that is to say,-
(a.) where the accused person is in custody, the Magistrate may by an order in writing under his hand, direct the Keeper of the Prison to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the Magistrate may direct;
(b.) where the accused person is on bail, the Magistrate shall issue a summons for his attendance at the time and place when and where such proceedings are to be held; and
(c.) thereafter the proceedings shall be continued under the provisions of Part III. or of Part IV. of the Magistrates Ordinance 1890, as the case may be.
Bail.
15. The Court or a Judge may at any time, on the application of any accused person, order such person, whether he has been committed for trial or not, to be admitted to bail; and the recognizance of bail may, if the order so directs, be taken before any Magistrate or Justice of the Peace.
Institution of Proceedings.
16. On receipt of the documents relating to the case, the Attorney General, if he sees fit to institute criminal proceedings, shall institute such proceedings in the Court against the accused person as to him may seem legal and proper.
17. The Attorney General shall not be bound to prosecute an accused person in any case in which he may be of opinion that the interests of public justice do not require his interference.
General not to sign an form of indictment
18.(1.) Every indictment shall be signed by the Attorney General and shall bear date on the day when it is signed.
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