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where trial is postponed.
No. 9.] THE ORDINANCES OF HONGKONG [AD 1
the recognizance of every witness who was bound by recognizance to attend at such first-mentioned session, and every such witness shall be bound to attend and give evidence at such other session, without entering into any fresh recognizance for that purpose, in such and the like manner as if he were originally bound by his recognizance to attend and give evidence at such other session.
(2.) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the Court to which the case is postponed will commence.
General mode of trial..
PART III.
PROCEEDINGS AT TRIAL...
Mode of Trial.
42.-(1.) Every person to be tried before the Court shall be tried on an indictment.
(2.) Subject to the provisions of the next succeeding section, such trial shall be had by and before a Judge and a jury constituted under any Ordinance or statute for the time being in force relating to juries.
See Ordinance No. 7 of 1887.
Trial at bar.
See Ordinance No. 7 of 1887.
Saving of right of Attorney General to file an information for misdemeanor.
43. On motion made by the Attorney General, a Judge shall order that the trial of any indictment shall be had at bar, that is to say, before the two Judges of the Court and a jury constituted under any statute for the time being in force relating to juries, and such trial shall be had accordingly.
44.-(1.) Nothing in this Ordinance shall affect the right of the Attorney General to file an information in the Court against any person for misdemeanor.
(2.) Subject to the provisions of this Ordinance or of any other statute for the time being in force, the law, practice, and procedure in respect of any such information shall be, as nearly as may be, the same as the law, practice, and procedure for the time being in force in relation to informations filed by the Attorney General of England in the High Court of Justice in England, so far as such law, practice, and procedure are applicable to the circumstances of this Colony.
Default of Appearance.
45.-(1.) If in any case, after notice of trial has been given, no person appears in Court to prosecute or prefer the indictment before the close of the session of the Court for which such notice was given, it shall be