520
Assessor Courts.
President sitting alone.
Sessions of the Superior Court.
Presidents to be equal and to exercise
powers
throughout the Malay Peninsula.
Finding of the court.
3.
(a) persons charged with offences against any of the
laws specified in the First Schedule to this Proclamation; and
(b)
persons directed to be tried by such Court pursuant to sub-section (4) of this section.
(3) An Assessor Court shall have jurisdiction to try persons charged with offences against any written law not set out in the said Schedule.
(4) The Legal Officer, or any officer of the Civil Affairs Service appointed either generally or specially for the purpose, may, by writing under his hand, direct that any person charged with an offence triable by an Assessor Court shall be tricd by a British Officer Court.
(5) The Chief Civil Affairs Officer may, from time to time, by notice, add to or alter the list of laws specified in the First Schedule.
(6) A President of the Superior Court sitting along shall have jurisdiction in any criminal.proceeding to issue process, to give incidental directions and make interim orders, to allow bail, to record evidence for the preservacion of testimony and generally to transact any business of the Superior Court not involving the actual trial of an offence.
6. (1) Subject to any directions of the Chief Civil Affairs Officer, sessions of the Superior Court may be hald in any place or places in the Malay Peninsula which are convenient for the despatch of the business of the Court.
(2) All Presidents shall have equal power and authority and may exercise jurisdiction in any part of the Malay Peninsula in which the Superior Court has jurisdiction.
7. (1) In a trial before a British Officer Court the finding shall be in accordance with the opinion of the majority of the Court.
(2)
(a)
(b)
In a trial before an Assessor Court, if the President
agrees with the opinion of both assessors, or when the assessors are of different opinions, with the opinion of one assessor, the Court shall find accordingly;
is unable to agree with the opinion of both assessors or of the one remaining assessor as provided by sub-section (3) of this section the proceedings shall be stayed and a new trial held with the aid of fresh assessors.
(3) If in the course of a trial with the aid of assessors, at any time before the finding, either assessor is prevented from attending throughout the trial, or absents himself, and it is not practicable to enforce his attendance, the trial shall proceed with the aid of the other assessor. If both assessors are prevented from attending, or absent themselves, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors.