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48. Where the Supreme Court or a Provincial Court issues a summons or warrant against any person on complaint of an offence committed on board of, or in relation to, a British ship, then, if it appears to the Court that the interests of public justice so require, the Court may issue a warrant or order for the detention of the ship, and may cause the ship to be detained accordingly, until the charge is heard and determined, and the order of the Court thereon is fully executed, or for such shorter time as the Court thinks fit; and the Court shall have power to make all such orders as appear to it necessary or proper for carrying this pro- vision into effect.
47. Every Provincial Court shall execute any writ, order, or warrant issuing from the Supreme Court, and may take security from any person named therein for his appearance personally or by attorney, according to the writ, order, or warrant; or may cause such person to be taken in custody or otherwise to the Supreme Court or elsewhere in China, according to the writ, order, or warrant.
48.-(1) The Court may, in its discretion, admit to bail a person accused of any of the following offences, namely:-'
Any felony.
Riot.
Assault on any officer in the execution of his duty, or on any person acting in his aid.
Neglect or breach of duty by an officer.
But a person accused of treason or murder shall not be admitted to bail except by the Supreme Court.
(2) In all other cases the Court shall admit the accused to bail unless the Court, having regard to the circumstances, sees good reason to the contrary, which reason shall be recorded in the Minutes.
(3) The Supreme Court may admit a person to bail, althougli a Provincial Court has not thought fit to do so.
(4) The accused who is to be admitted to bail, either on remand or on or after trial ordered, shall produce such surety or sureties as, in the opinion of the Court, will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognizance accordingly.
Trial with Jury or Assessors.
49.-(1) Where a person is accused of treason, murder or piracy the case must be tried on a charge before the Supreme Court with a jury.
(2) In each of the two following cases, namely:-
-
(i) Where a person is accused of manslaughter, rape, arson, burglary, housebreaking, robbery with violence, forgery, sodomy or perjury; or
(ii) Where a person is accused of an offence other than as aforesaid, but it appears to the Court at any time during hearing, the opinion of the Court being
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recorded in the Minutes, that such offence charged, if proved, would not be adequately punished by imprison- ment for three months with hard labour, or by a fine of £20, or both such imprisonment and fine- the offence shall be tried on a charge with a jury or assessors (according to the provisions of this Order applicable to the Court). In the Supreme Court the charge shall be tried with a jury, unless the Court is of opinion that a jury cannot be obtained.
(3) The Supreme Court may, for any special reason, direct that any case shall be tried with assessors or a jury, and a Pro- vincial Court may, for any special reason, direct that any case shall be tried with assessors. In each such case the special reason shall be recorded in the Minutes.
50.-(1) Where an accused person is ordered to be tried before & Court with a jury or with assessors, he shall be tried as soon after the making of the order as circumstances reasonably admit. (2) As long notice of the time of trial as circumstances reason- ably admit shall be given to him in writing, under the seal of the Court, which notice, and the time thereof, shall be recorded in the Minutes.
51. (1) The Supreme Court shall, when required by the Secretary of State, send to him a report of the sentence of the Court in any case tried before that Court with a jury or assessors, with a copy of the Minutes and notes of evidence, and with any observations which the Court thinks fit to make.
(2) Every Provincial Court shall, in accordance with Rules of Court, send to the Supreme Court a report of the sentence of the Court in every case tried by the Court with assessors, with such Minutes, notes of evidence, and other documents as such Rules may direct, and with any observations which the Court thinks fit to make.
Summary Trial.
52. When the complaint discloses an offence which is not required or directed to be heard on a charge, the accused may be tried summarily on the complaint. Where an offence is tried summarily no greater punishment shall be awarded than im- prisonment for three months or a fine of £20, or both. Provided that in cases tried summarily before the Registrar he may award in respect of an offence any punishment which may in respect of a similar offence be awarded in England.
Preliminary Examination.
53.-(1) Where the accused is before the Court, and it appears
to the Court that the complaint discloses an offence--
(a) Which ought to be tried in or reported to another Court;
or
(b) Which ought to be tried before the same Court with a
jury or assessors;
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