64
WEI-HAI-WEI ORDER IN COUNCIL
Summary proceedings. 24. At a summary trial the substance of the complaint shall be stated to the accused, and he shall be asked if he admits or denies the truth of the complaint. If he admits, the Court may convict him and award punishment, but may first take further evidence if it thinks fit. If he denies, the Court shall hear the evidence of the prosecutor and witnesses, if any, for the accused, and either discharge the accused or convict him and award punishment.
Preliminary examination. 25.—(1) At the preliminary examination of a case which must be, or may in the opinion of the Magistrate require to be, sent for trial to another Court, the procedure shall be as follows:-
(a) The Court shall, in the presence of the accused, take the depositions on oath of those who know the facts and put them in writing;
(b) The accused may cross-examine each witness for the prosecution, and the witness' answers shall form part of his deposition;
(c) The deposition of each witness shall be read over to the witness and signed by him;
(d) After the evidence of the witness for the prosecution has been taken, the Court shall ask the accused if he wishes to make any statement or has any witnesses to call, or other evidence to adduce in his defence, and the Court shall then take his statement and the evidence of his witnesses (if any);
(e) The accused shall be informed that any statement he may make may be used against him at the trial, and also that he may be sworn as a witness himself;
(f) The Court having heard all the evidence, shall consider the whole matter, and if it thinks that a primâ facie case is made out against the accused, shall cause a charge, on which the accused is to be put on his trial, to be framed, and read over to the accused;
(g) The Court shall bind by recognizance the prosecutor and every witness to appear at the trial and give evidence;
(h) If a person refuses to enter into a recognizance, the Court may send him to prison, there to remain till the trial, unless in the meantime he enters into a recognizance;
(i) Until the trial the Court shall either admit the accused to bail or send him to prison for safe keeping;
(j) The accused shall be entitled to a copy of the charge on which he is to be tried;
(k) The complaint (if any), the depositions, the statement of the accused (if any), the charge on which the Court orders him to be tried, and the recognizances shall be carefully transmitted to the Court before which the trial is to take place.