to be
Land
which is
fully
not
likely
discussed before long in
this country.
the subject of in the House
Session:
and
of
1 way
Bili presented
Commers
this
I believe however that in Hong Kong, an Ordinance permitting the Interrogation of Prisoners when brought before the Magistrate would greatly facilitate the investigation of the case and the Elucidation of the truth. It would not be attended with injustice, for were thus elicited of any facts from the Prisoner favorable or unfavorable to his defence which he might desire to substantiate or rebut by further Evidences he might be remanded as often as the circumstances required.
Summary
Conviction cases he could appeal to the Supreme Court and in all cases of Committal the Judge at the Trial might exercise a discretion and exclude from the Jury any consideration of answers improperly elicited by the Magistrate.
The preliminary investigation of charges would, I believe, be found to work extremely well, for it would possess the advantages of the French and other continental Systems without their objectionable feature - the Secrecy of the Proceedings "Prison de Prévention". It would also assist in bringing the case for the Crown as well as for the Prisoner before the Jury in as complete a form as possible and would do much to prevent the inconvenience arising from Defences springing up at the Trial.
The Acting Chief Justice on the contrary approves of the Interrogation of Prisoners at the Trial but objects to their Interrogation during the preliminary investigation of the case before the Magistrate. I cannot concur with him in recommending this plan.
The advantage gained by interrogating the Prisoner while before the Magistrate is obvious; facts can be elicited there, and witnesses necessary for both the Prosecution and the Defence can be at once procured and bound to appear at the Trial; but if the Interrogation is not to take place until the case is before the Jury, the Prisoner would always reserve his defence until the Trial in the hope that the Interrogation then might elicit new facts requiring the attendance of new witnesses and would necessitate an adjournment, which in a criminal Trial is much to be deprecated.