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IN CHINA AND JAPAN.
Any private prosecutor may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of a foreign nationality, to assist in the prosecution; and such barrister or advocate may, with the assent of the prosecutor for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecution shall be withdrawn or abandoned without the express consent of the Law Secretary as prosecutor for the Crown, or of his representative, given in open Court.
III-Summary Proceedings.
310. The following Rules (under the sub-heading "Summary Extent of following Proceedings ") apply exclusively to cases where the charge is to be Rules. heard and determined not on indictment, but in a summary way.
Hearing.
311. Where the accused comes before the Court on summons or Non-appearance of warrant, or otherwise, either originally or on adjournment, then if the prosecutor. prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person or by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further adjourn the hearing, with or without imposing any termns.
adjournment.
312. In case of adjournment the Court may commit the accused Custody in case of in the meantime to prison or to such other custody as it thinks fit, or may discharge him on his entering into a recognizance (Form 45.) with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.
A notice of each recognizance (Form 46.) is at the same time to be given to each person bound thereby.
313. If both parties appear in person, or by counsel or attorney, Both parties appearing, the Court shall proceed to hear and finally determine the charge.
314. The prosecutor shall be at liberty to conduct the charge and Conduct of charge.
to have the witnesses examined and cross-examined by counsel or
attorney on his behalf.
315. The accused shall be admitted to make his full answer and of defence. defence to the charge, and to have the witnesses examined and cross- examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.
If he puts any question to a witness, the witness may be re- examined for the prosecution.
316. The room or place in which the Court sits to hear and Publicity. determine the charge is an open and public Court to which the public
generally may have access as far as the room or place can conveniently
contain them.
317. The substance of the charge shall be stated to the accused, Admission of charge and he shall be asked if he has any cause to show why he should not by accused. be convicted.
If he thereupon admits the truth of the charge and does not show sufficient cause why he should not be convicted, the Court may convict
him accordingly.
If he does not admit the truth of the charge, the Court shall Evidence for prosecution, proceed to hear the prosecutor and such witnesses as he examines and
such other evidence as he adduces in support of his charge.
On the termination of the whole evidence in support of the charge, Defence. if it appears to the Court that a prima facie case is made out against the
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Digitized by