{
48
Japanese Courts
abol
26.
ed.
Power to make rules.
Practice and
procedure.
Saving as to appointment
of
magistrates.
Exclusion of Habeas Corpus etc.
27.
&
(1) Every criminal court established in the Colony
auring the Japanese occupation is abolisned.
(2) All proceedings pending in any such court shall
forthwith be stayed and every accused person is discharged from the charge or charges preferred against nim, but such discharge shall not be deemed to be an acquittal.
(3) No person awaiting sentence of death imposed upon him by any such court shall be executed unless such sentence has first been confirmed by the General Officer Commanding, Hong Kong. The General Officer Commanding may instead of confirming such sentence of death grant a pardon, either free or subject to lawful conditions, or may commute the sentence of death to one of imprisonment or fine.
(4) Where a person is undergoing a sentence of
imprisonment imposed upon nim by any such court the Chief Civil Affairs Officer may grant a pardon, either free or subject to lawful conditions, or may remit the whole or any part of the unexpired portion of such sentence.
(5) Save as aforesaid the sentences imposed by any such
court are confirmed and the person sentenced may lawfully by detained in prison in accordance therewith.
The Chief Civil Affairs Officer may make rules for regulating the practice and procedure of the courts, together with the necessary forms thereto, and generally for the better carrying out of the provisions of this Proclamation.
28. The practice and procedure relating to the investigation and trial 01 ofiences by the courts shall be governed by the rules mentioned in the preceding section. and where such rules make no provision as to the practice or procedure then the same snall be in accordance with the practice or procedure of the Supreme Court or of the Magistrates Courts in Hong Kong, whichever may in the opinion of the court be most appropriate to the case, mutatis mutanais.
Nothing in this Proclamation shall affect the right of the General Officer Commanding, or any ollicer authorised by him in that behalf, to appoint such persons as he may think fit to act as magistrates and to exercise all or any of the powers ano-jurisulction or a magistrate conferred by the Magistrates Ordinance, 1953, or to appoint any person to perior such judicial functions as ne may tuink fit.
50. No court or person exercising judicial functions in the
Colony snail, during the period of martial law, be competent to entertain any application for a writ of nabeas corpus, certiorari, mandamus or pronibition.
bigned at
this
in the Colony of Hong Kong
194
day of
(signed)