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No. 3.]
First Sche-
THE ORDINANCES OF HONGKONG: [A.D. 1890.
evidence for and on behalf of the prosecutor and his witnesses in the same manner as is hereinbefore provided for the taking of the evidence of the complainant or informant and his witnesses on a complaint or information for an offence punishable on summary conviction.
First Schedule: Form No. 13.
Reading over of depositions and cautioning of accused.
11 & 12 Viet. c. 42 s. 18.
The Caution
First Schedule: Form No. 70.
Examination of witnesses for accused.
c. 35 s. 3.
(2.) The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the Magistrate taking the same.
73.--(1.) After the examination of all the witnesses on the part of the prosecution has been completed the Magistrate hearing the case shall, if desired by the accused, without requiring the attendance of the witnesses, read or cause to be read to the accused, or, when necessary, cause to be interpreted, the depositions taken against him, and shall say to him these words or words to the like effect or cause the same to be interpreted to him:-"Having heard the evidence, do you wish to say anything in "answer to the charge? You are not obliged to say anything unless you "desire to do so, but whatever you say will be taken down in writing "and may be given in evidence against you upon your trial."
(2.) Whatever the accused then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the Magistrate and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned: Provided always that the Magistrate, before the accused makes any statement, shall state or cause to be interpreted to him and give him or cause him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him on his trial, notwithstanding such promise or threat: Provided, nevertheless, that nothing herein contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the accused made at any time which by law would be admissible as evidence against him.
74. If the accused makes any such statement or is unwilling to do so, the Magistrate hearing the case shall then demand and require of the accused or his counsel whether he desires to call any witness or evidence, and if he so calls or desires to call any witness or witnesses or evidence, the Magistrate shall, in the presence of the accused, take such evidence upon oath, both examination and cross-examination, of the witnesses who may be called by the accused or his counsel and who know anything relating to the facts or circumstances of the case or anything tending to
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