1953-HKRS29-8-20_Part01 — Page 11

Plez

Charge sheet containing

charge of previous

conviction.

Objection of

substance

to charge.

18

PART II.

(8.29 (3) 1

Special provisions touching the procedure and practice of the District Court in its Criminal Jurisdiction.

1. (1) The accused person shall be placed at the bar unfettered and not la prison clothes, unless the court sees fit to direct otherwise.

(2) The charge shall then be read over to him and explained, if becessary, mind he shall be required to plead thereto in person, unless be objects to the want of due service of the charge sheet, and the court finds that he has not been duly served therewith,

(8) If an accused person, on being required to lead, stands mute of malice or will not answer directly to the charge the court may enter a plea of not guilty on behalf of such accused person; and the plea so entered shall have the game force and effect as if such accused person had actually pleaded the same,

2 (1) Where a charge sheet contains a charge alleging that the accused person has been previously convicted, he shall not be called upon to answer that allegation save after he has been convicted upon a charge alleging a substantive offence.

(2) Upon conviction of an accused person as aforesaid, the court shall, unless the accused person admits the allegation that he has been previously convicted, proceed to determine whether or not he has been so previously convicted.

3. (1) No objection to a charge shall be taken by way of demurrer, but if a charge does not state, in substance, an offence or states an offense not triable by the court, the accused person may move the court to quash it or in arrest of judgment.

(2) If such motion is made before the accused person pleads, the court may dismiss the charge or amend it.

(3) If a defect in a charge appears to the court during the trial, and the court does not then think fit to amend the charge it may either quash the charge or leave the objection to be taken thereafter in arrost of judgement.

(4) If a charge is quashed under the provisions of this para- graph, the court may direct the accused person to be detained in custody or to be released on ball for a period not exceeding fourteen days thereafter, and may order him to plead to another charge if called on to do so within that same period.

Ordinance

Distress for Rent Ordinance. |(Chapter 7).

Promissors

19

FOURTH SCHEDULE

Consequential Amendmente

Aunendment.

[a. 13]

(i) In subsection (1) of section 32, after the word “Court"| where it occurs in the fifth line and in the Marginal note,j add the following words—

Hor the District Court".

[(1) In each of Forms 2, 3 and 4 in the Second Schedule!

defete the heading-HONG KONG.

In the Supreme Court, Summary Jurisdiction.":

and substitute therefor the following heading, to wit

"In the District Court of Hong Kong.

Holden at

Delete from the Brat column of the First Schedule the

Daths Ordinance, words "The Magistrated”, and substitute--- (Chapter 90).

**The District Judges First Schedule.

and

The Magistrates

누

New Territories (1) Benumber section 15 as subsection (1) and add the Ordinance. following subsection— (Chapter 97).

Flogging Ordinance. |(Chapter 223).

Prisons Ordinance, (Chapter 234).

"(2) For the purposes of this section, the word "Judge" means, in relation to a subject in dispute whose capital value exceeds two thousand but does! not exceed five thousand dollars, a District Judge, and! in relation to a subject in dispute whose capital value; exceeds five thousand dollars, a judge of the Supreme; Court."

(ii) Delete from the marginal note to section 15 the words "to Supreme Court".

(iii) In sections 18, 17 and 69 and in the marginal notes thereto after the words "Supreme Court" wherever they occur add the following words--

"or the District Court".

(iv) In section 67 delete the words "the summary juris- [diction of the Supreme Court" and substitute therefor the [following worde

"the District Court,

After section 3 add the following new section and marginal

rote

"Powers of a District Judge.

3A. (1) Where ung person is convicted! by the District Court of any crime or offence of which that court has cognizance and for which, if the conviction had been by the Supreme Court, the offender might have been flogged under the provisions of this Ordin- ance, the District Court may, in lika manner, direct that the offender be logged.

(2) In all cases of flogging by direction of the District Court under this section all the provisions of this Ordinance shall apply.'

In subsection (1) of section 22 after the expressioni "Supreme Court" where it occurs in the second line add the following words--

"or the District Court".