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Chief Justice to pre- side in Court, or in
THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1866.
his absence the Mem- ber present next in precedence after the Chief Justice.
Interest to exclude Naval Officer from Sitting as Judge.
X. The Chief Justice shall preside in the said Court, except when he shall be prevented by some necessary and reasonable Cause, and at any Sitting of the said Court which may be held during his absence, the Member present next in precedence after the Chief Justice shall preside.
XI. No Naval Officer shall be competent to act as a Member of the said Court during the investigation of any Matter in which he shall have direct or indirect Interest of any kind.
XII. All Matters which shall be brought before the said Court shall be decided by a Majority of Votes. The President shall have an Original Vote in common with the other Members of the said Court, and if the President be the Chief Justice he shall have also a Casting Vote whenever upon any Question the Votes shall be equally divided.
XIII. The Place at which the Court shall sit in Discharge of its Duties, shall be such place as may from time to time be appointed for that purpose by the Governor, by any Notice in the Gazette.
XIV. The Place in which the said Court shall sit to hear and determine any matter shall be deemed an open Court to which the Public generally may have access so far as the same can conveniently contain them.
XV. The Governor shall direct a Seal to be made for the said Court and may direct the same to be broken, altered and renewed at his Discretion, and all Documents issuing from the said Court shall be sealed with the said Seal.
THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1866.
XXII. The Rules of Evidence observed in the Supreme Court in its Criminal Jurisdiction shall, except as herein specially provided, and until otherwise provided by competent Authority in that behalf, be applicable to, and observed in, the Trial of all Questions of Fact in the Court established in pursuance of this Ordinance.
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XXIII. Every Person who upon any Examination upon Oath or upon Affirmation or Declaration before the said Court shall in its Opinion have wilfully and corruptly given false Evidence shall be sentenced without further Trial to a Term of Imprisonment not exceeding Eighteen Months with or without Hard Labor.
XXIV. The Practice of the said Court shall, except where otherwise herein provided or by the Rules or Orders to be from Time to Time made and approved under the Provisions hereof, be, so far as the Circumstances of the Case will admit, according to the present Practice of the Supreme Court.
XXV. And to the End and Intent that the Procedure and Practice of the said Court may be of the most Simple and Expeditious Character, it shall be lawful for the Chief Justice to make, and he is hereby required to make, and from time to time to amend all necessary Rules and Orders, and to frame Proceedings for Regulating the Procedure and Practice of the said Court, and generally for carrying the Provisions of this Ordinance into effect, subject nevertheless to amendment and approval of all such Rules, Orders and Forms by the Governor in Executive Council, and such Rules, Orders or Forms, or Amended Rules, Orders and Forms shall be submitted to the Legislative Council who may allow, disallow, or alter the same and the Rules, Orders and Forms so allowed or altered shall be of the same Force and Effect as if they had been specially inserted Therein.
XVI. The Registrar and other Officers of the Supreme Court shall attend the sittings of "the High Court of Hongkong for the Suppression of Piracy," and assist in the Proceedings thereof, and whilst so attending and assisting shall be styled Officers of such last-mentioned Court.
XXVI. All Local Laws, Statutes, Ordinances and Usages inconsistent with the Provisions of this Ordinance shall be and the same hereby are declared to be of no Force and Effect whatsoever within the Colony of Hongkong; Provided always that nothing herein contained shall be construed in any way to take away, abridge, or affect the Jurisdiction now exercised by the Supreme Court.
XVII. It shall be in the Power of the said Court to adjourn the Proceedings from Time to Time to any Day or Days to be fixed by them in the event of the absence of Witnesses or of any other cause which shall appear to them expedient.
XVIII. Every Member of the said Court before he shall enter upon the Execution of any of the Duties of his Office shall take an Oath in the presence of His Excellency the Governor in the Form following (that is to say)—
"I, A. B., do solemnly Swear that I will according to the best of my skill and knowledge, act in the Execution of my Office of Member of the High Court of Hongkong for the Suppression of Piracy faithfully, impartially, fairly, without Prejudice either for or against Prosecutors or Prisoners, or any other Persons whatsoever. So Help me God."
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An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to make further provision for the maintenance of Order and Cleanliness within the Colony of Hongkong.
Whereas it is expedient to amend the Laws relating to the Police Force in the Colony of Hongkong, and whereas, in consequence of its proximity to the Empire of China, the Colony of Hongkong is infested with a number of Thieves and Dangerous Characters from the adjoining Mainland, and it is expedient to put a stop to their influx thereinto; Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
I. It shall be lawful for His Excellency the Governor to appropriate a proportion not exceeding three-fourths, of all Fines and Penalties recovered in any of the Courts of the Colony in payment of such rewards, bounties and gratuities as may from time to time award to any Member of the Police Force or to any Constable, or such private persons or informers, as the Governor may deem deserving of being rewarded for meritorious conduct, zeal displayed, or injury sustained in the execution of his duty, or for assisting in the detection of crime, or the apprehension of offenders.
Registrar and other Officers to take an Oath.
And every Registrar and other Officer of the said Court before he enters on the Duties of his said office shall take an Oath before one of the Judges of the said Court who shall be empowered to administer the same in the Form following (that is to say)—
"I, A.B., do solemnly Swear that I will according to the best of my skill and knowledge act in the Execution of my Office, and that I will conduct myself with Fidelity in all the affairs which may belong to my Charge, and without Reference or Favour either for Prosecutors or Prisoners, or any other Persons. So Help me God."
XIX. For the Purpose of bringing any Offence under the cognizance of the Court, an Information shall be signed by the Attorney General.
II. It shall be lawful for His Excellency the Governor in Council, from time to time, to frame such Bye-laws to be enforced by such Fines and Penalties as to him shall seem fit, for the more effectual carrying out of this and other Ordinances relating to the maintenance of Good Order in the Colony, and its better Regulation. Such Bye-laws to be duly published in the Hongkong Gazette, and from and after such publication to have the same force and effect as if the same had been enacted by an Ordinance duly passed for this purpose.
XX. From and after the commencement of this Ordinance every Person who, under this Ordinance, would be committed for Trial before the Supreme Court for Offences connected with Piracy, or for any Offence connected therewith shall in lieu thereof be committed for Trial before the Court established by this Ordinance.
Attorney General may direct Trial to take place at Supreme Court in certain Cases.
XXI. It shall be lawful for the Attorney General if he shall think expedient so to do, to direct that the Trial of any Person committed for Trial before the said Court shall take place before the Supreme Court in cases where the Supreme Court has Jurisdiction to try the Offence for which such Person shall have been committed aforesaid.
III. Section Twelfth of Ordinance No. 6 of 1862 is hereby amended by the addition of the words, "with or without Hard Labor" immediately after the words "Three Calendar Months" in the fourth line of the said Section.
IV. Section Twenty-first of Ordinance No. 9 of 1862 is hereby amended by the addition of the words "with or without Hard Labor" at the conclusion of the said Section.