1949-HKRS28-8-16_Part02 — Page 31

Subpriturion

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24. The following section is hereby substituted for section 76 of

of new section the principal Ordinance

for section 76 of the principal Ordinance.

Substitution

"Provisions as to taking of depositions, and caution

to and state- ment of

accused on proceedings before examining justices.

Jct. 15 & 16

Gea. 5.

c.86, $12, 6.5. (2).]

1cf. r5 & 26 Gen. 5. 0.86, 4.12, *.*.03.]

[CE. 25 & IG Geo. 5. 4.86, *.12.

(4)-]

25.

the

78. (1) After the exainination of all the witnesses for the prosecution has been completed, subject to the rejection of any submission made that there is no case which the accused should be called upon to answer, magistrate shall read the charge to the accused and explain the nature thereof to him in ordinary language, and inform him that he has the right to call witnesses, and, if he so desires, to give evidence on his own behalf. After 60 doing the magistrate shall then address to him the follow- ing words or words to the like effect--

**Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial.”

(2) Before the accused makes any statement in answer to the charge, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or copfession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat.

(a) Whatever the accused says in answer to the charge shall be taken down in writing and read over to the accused and sigoed by the magistrate and, if the accused so desires, by him, and shall be transmitted with the depositions as hereinafter mentioned. On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement did not in fact sign it."

The following section is hereby substituted for section 77 of

of new section the principal Ordinance :

For section 77

of the principal Ordinance.

"Evidcoce of accused and defence witockses. TEE 15 & 16 Geo. 5, c.86, $,11, 1.8.(5)

# (5).]

77. (1) Immediately after complying with the re- quirements of the preceding section relating to the statement of the accused, and whether the accused has or has not made a statement, the magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnessen.

(2) If the aroused in answer to the question states that be wishes to give evidence but not to call witnesses, the magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.

26.

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(9) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses, or to call witnesses only, the magistrale shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.

(4) All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing and transmitted together with the depositions of the witnesses for the prosecution as is hereinafter mentioned.

(5) Nothing contained in this section shall provent the prosecutor in any case from putting in evidence at the trial any admission or confession or other abatement of the accused conde at any time which is by law admissible as evidence against the accused."

The following section is hereby substituted for section 70 of Substitution the principal Ordinance :-

of new section for section 79 "Discharge or committal

of accused.

[cf, 1 & 12 Vier. 6.42, 2.35 and 15 * 10 Gen. 3.

4.86, 1.12, **(8).]

principal

79. (1) If after hearing all the evidence offered on 24 s the part of the prosecution and the evidence, if any, of

Ordinance. accused and his witnesses and after taking into considera- tion any statenent made by the accused, the magistrate is of opinion that there is not gufficient evidence to put the recused upon his trial for any indiatable offence, the magistrate shall forthwith order the accused, if io custody, to be discharged se to the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.

(2) If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into con- sideration any statement of the accused, such evidence is sufficient to put the accused upon bis trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall, by bis warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinbefore mentioned."

27.

Section 81 and sub-section (1) of section 82 of the principal Amendment Ordinance are hereby amended by the deletion therefrom of the words sections "the Crown Solicitor for the use of.

And 82 of the procipul Ordinance.