In 2649/69.
[20]
Extract from the Minutes of the Executive Council of Hongkong.
"SATURDAY, 3RD APRIL, 1869."
"PRESENT:"
"His Excellency SIR RICHARD GRAVES MACDONNELL, C.B., Governor. The Honorable COLONEL KNOX GORE, Commandant of the Garrison, The Honorable J. GARDINER AUSTIN, Colonial Secretary.
The Honorable JULIAN PAUNCEFOTE, Attorney General. The Honorable W. H. RENNIE, Auditor General.
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"His Excellency the Governor lays on the Table the Letter addressed to him by Governor DE SOUZA (10th March), together with His Excellency's Minute thereon of same date, referring it to the Honorable the Attorney General, also the Report of that Officer on the subject; And it is resolved, that Application for Special Leave to appeal in Reg. v. Saint be made, through the Right Honorable the Secretary of State, to the Judicial Committee of the Privy Council."
(True Extract),
L. D'ALMADA E CASTRO,
Clerk of Councils.
Proceedings on Non-appearance of Party charged.
Proceedings on Non-appearance of Prosecutor after Notice of Trial.
Process for procuring Attendance of Witnesses on Criminal Cases.
How many Witnesses in one Subpœna.
Private Prosecutor to pay Sheriff's Costs together with Expenses.
ENCLOSURE 2.
Extract from Ordinance No. 3 of 1865.
XV. When it shall appear by the Return made by the Officer executing the same that the Copy or Copies of the Information and Notice or Notices of Trial have been duly served in Manner hereinbefore provided and the Party or Parties charged on being thrice called on the Day appointed for the Trial does or do not appear, it shall be competent for the Prosecutor to move the Court, if the Party or Parties charged have been admitted to Bail, that he or they and his or their Sureties may be called upon their Recognizance or Recognizances and in Default of his or their Appearance that the same may be estreated; and it shall also be competent for the Prosecutor to apply to the Court for a Warrant for the Apprehension of the said Party or Parties.
XVI. If the Prosecutor or his Attorney having given Notice of Trial shall not appear in Court to prosecute or prefer the said Information before the Close of the Session of that Court before which he gave Notice of Trial, it shall be competent for the Party or Parties charged to move the Court to discharge him or them therefrom: and when he or they, or any other on his or their Behalf has or have been bound by Recognizance for his or their Appearance so to take his or their Trial then that the said Recognizance may be discharged; and where the Information is at the Instance of a Private Party it shall also be competent to the Party or Parties charged to move the Court that the said Private Prosecutor or his Sureties shall be called on their Recognizance and in Default of his Appearance that the same may be estreated.
XVII. The Subpoena or Process of the Court for procuring the Attendance of any Person on Behalf of the Crown who shall not have been bound by Recognizance to appear before the said Court to give Evidence in any Criminal Case, shall be sued out of the Registrar's Office by the Crown Solicitor, or, where the Prosecution is at the Instance of a Private Party, by the Prosecutor or his Attorney, or by the Party or Parties charged or his or their Attorney; and the same shall be delivered to the Sheriff at his Office, for Execution thereof, together with so many Copies of the Subpœna as there are Persons to be served therewith.
XVIII. The Names of Four Witnesses may be inserted in one Subpoena, and they shall be described therein with such Certainty that the summoning Officer may be able readily to find them; and the Form of the Subpœna shall, as near as may be, be according to the like Form established in the said Court in and for Civil Cases.
XIX. When the Prosecution is at the Instance of a Private Person, he or some one on his Behalf, shall at the Time of delivering the said Subpœna and Copies thereof, also pay to the Sheriff his lawful Cost and Charges for executing the same, together with such further Sum or Sums of Money as the said Private Party intends the said Sheriff to give or tender to the said Witnesses respectively for their Travelling Expenses.