IN CHINA AND JAPAN.
Search Warrant.
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284. Where positive proof or probable suspicion is shown to the In what cases. Court by evidence on oath that anything on, by, or in respect of which a crime or offence cognizable by the Court has been committed, is in any house or place over which, by reason of the nationality of the occupier thereof, the Court has jurisdiction, the Court may issue a warrant to search the house or place, and if anything searched for is found, to seize it, and apprehend the occupier of the house or place.
The warrant shall be directed to some officer by name, who alone Contents, shall be entrusted with its execution, but he may be accompanied by any person or persons necessary to assist him in his search.
A general warrant to search shall not be granted, but the particular house or place must be indicated in it.
If the house or place is closed, and the officer is denied admis- Force. sion after demanding admission and disclosing his authority and the object of his visit, it may be forced open.
Where there is probable suspicion only, the warrant must be Day: night. executed in the day time; where there is positive proof, it may be executed in the night time.
Witnesses.
285. Where it is shown to the Court, on oath, that any British Summons. subject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily attend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, the Court shall issue a summons (Form 35) for his attendance.
286. If the person summoned does not obey the summons, and Warrant after summons. does not excuse his failure to the satisfaction of the Court, then
(after proof on oath of due service of the summons) the Court may
issue its warrant (Form 36) to compel his attendance.
instance,
287. Where it is shown to the Court, on oath, that any British Warrant in first subject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, aud that it is probable he will not attend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant (Form 37) in the first instance.
or to auswer.
288. If on the appearance of the person summoned, either in Rufusal to take oath obedience to a summons, or on being brought up by virtue of a warrant, he refuses to take an oath.-or having taken an oath to answer any question put to him,-and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, (Form 38) commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answer duly on oath.
Issuing, &c., of Warrant on Sunday or Holyday.
289. A warrant for apprehension or commitment or other In what cases, purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any
other days, where the urgency of the case so requires.
II-Proceedings by Preliminary Examination and Indictment.
Rutes.
290. The following Rules (under the sub-heading "Proceedings Extent of following by Preliminary Examination and Indictment") apply exclusively to cases where the charge is to be heard and determined not in a summary way, but on indictment.
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