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ORDINANCE No. 3 OF 1872.
Interrogation of Prisoners.
SIR RICHARD GRAVES MACDONNELL, K.C.M.G., & C.B., Governor and Commander-in-Chief.
No. 3 OF 1872.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Oral Examination of Prisoners.
[5th April, 1872.]
Title.
WHEREAS it is expedient to further amend the Law relating to the Oral Examination of Prisoners in certain cases. Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
Preamble.
I. It shall be lawful for any Judge of the Supreme Court presiding at any Criminal Sessions to be hereafter holden in this Colony and before whom any Prisoner is tried for the Commission of any Crime or Offence whatsoever, and for any Magistrate by and before whom any Trial or Investigation is conducted of or into any Charge brought against any Prisoner for the Commission of any Crime or Offence whatever, at any Time during the Progress of such Trial or Investigation to orally examine and interrogate such Prisoner upon such Matters, Points or Circumstances as to the said Judge or Magistrate may seem likely to conduce to or assist in the Elucidation of the Truth concerning the Issue or Matter then under Trial or Investigation; Provided always that...
II. Before entering upon any such Examination or Interrogation it shall be the Duty of such Presiding Judge or Magistrate to inform any Prisoner about to be examined or interrogated that he cannot be compelled to answer any Questions that may be put to him, but that his answers or refusals to answer will be...
III. Where during the Trial of any Prisoner at any Criminal Sessions such Prisoner has given Answers to the Questions or any of them put to him by the Presiding Judge, it shall be the Duty of such Judge to treat the said Answers as Evidence given in the Course of the Trial and to lay the same before the Jury together with such Comments and Explanation as he may deem requisite and proper.
IV. Where on the Trial or Investigation of or into any Criminal Charge before a Magistrate the Prisoner has given Answers to Questions or any of them put to him by the said Magistrate, it shall be the Duty of such Magistrate to deal with the said Answers as Evidence given in the Course of the said Trial or Investigation.
V. This Ordinance shall not come into Operation until Her Majesty's Confirmation thereof shall have been proclaimed in the Colony by the Governor.
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Section 2 of Ordinance 3 of 1852 provides that if the Judge is satisfied at the close of the evidence for the prosecution that there is not sufficient evidence to warrant the Prisoner being put upon his trial, and that under the existing law it would not be his duty to direct a Verdict of Not Guilty, it shall not be lawful for the said Judge to interrogate the Prisoner.
Part of Section 2 of Ordinance 11 of 1852 repealed.
Conviction...
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