1949-HKRS29-8-16_Part02 — Page 27

Suberitucion

24.

10

The following section is hereby substituted for seation 76 of

of new section the principal Ordinance :--

for section 26

of the principal

Ordinbocc.

Substitution

**Provision

3 to taking

of depositions, and caution

to and star. ment of

accused on proceedings before examining justices.

Jct. 15 & 16

Gro. 5.

c.86, 1.12, 6.5. (2).]

(cf. r5 & 16 Gen. S.

0.86, 8.12. 5.5. (3).)

T<E 15 & 16 Ged. 5. c.86. *.12.

8-(4)-]

25.

78. (1)

the

After the examination 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 webed should be called upou to angwer, 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 poken down in writing and may be given in ovidence upon your trial."

(2) Before the accused makes any statement in answer to the charge, the magistrate shall state to himn 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 confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat.

(9) Whatever the accused saya 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 brial 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.

"Evidence of accused and

defence witnesses. Jet 15 & 16 Gea. 5. c.86, $12, -6.(5)

• (6).]

77. (1) Immediately after complying with the re- quirements of the preceding section relating to the statement of the accused, and whether the accused haa 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 witnesses.

(2) If the accused in answer to the question states that he 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 bis behalf if he so desires.

+

26.

11

(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 magistrate 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 socused, if he desires to give evidence himself, and of any witness called by him who kuows 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 socused and all evidence given by him or any auch witness as aforesaid shall be taken down in writing and transmitted together with the depositions of the witnesses for the prosecutiou 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 statement of the accused made at any time which is by law admissible as evidenca against the accused."

The following section is hereby substituted for section 70 of Sybstitution the principal Ordinanca :-

of new section før section 79 "Discharge or commitcal

principal of accused.

Ordinance. [ef, 1 & 12 Vicc 4.4*, 8.35 and 15

* 16 Gen. 5. <,80, 1.12, **(8).]

79. (1) If after hearing all the evidence offered on of the the part of the prosecution and the evidence, if any, of accused and bis witnesses and after taking into considera- tion any statement made by the accused, the magistrate is of opinion that there is not gufficient evidence to put the accused upon his trial for any indictable offence, the magistrate shall forthwith order the accused, if in gustody, to be discharged as 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 acensed, such evidence is sufficient to put the accused upon his 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 of sections t "the Crown Solicitor for the use of",

and $1 of the

Mocipul Ordinance.