1953-HKRS29-8-20_Part01 — Page 8

Signing

and form of charge sheet.

Second Schedule.

Limitation

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shall be discharged, and, where the accused person is not before the District Court when such nolle prosequi is entered, the registrar or other proper officer of the court shall forthwith cause notice in writing of the entry of such noile prosequi to be given to the officer in charge of the prison or other place in which the accused person may be detained, and such notice shall be sufficient authority to discharge the accused person or, if the accused be not in custody, shall forthwith cause such notice in writing to be given to the accused person and his sureties.

27. (i) Every charge sheet shall be signed by a senior crown counsel or a crown counsel, and shall bear date on the day on which it is so signed.

(2) A charge sheet shall be in the form in the Second Schedule with such additions and modifications as may be neces- sary to adapt it to the circumstances of the particular case.

(3) Subject to the provisions of this Ordinance, a charge sheet shall not be open to objection in respect to its form or contents, if it is framed in accordance with the District Court Criminal Procedure Rules: Provided that the court may direct that further and better particulars of any charge shall be delivered.

(4) Every charge sheet, when so signed and dated as afore- said, shall be delivered to the registrar and shall be filed by him in the court, and a copy thereof shall be served on the accused person in the manner hereinafter provided.

(3) Nothing in this section or in section 29 or 36 or in the District Court Criminal Procedure Rules shall affect the law or practice relating to the jurisdiction of the District Court nor pre- judice or diminish in any respect the obligation to establish by evidence according to law any act, omission or intention which is legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the law of evidence in criminal cases.

28. Where by any enactment there is imposed a limit of on prosecu- time within which a prosecution on indictment for any offence tions,

may be commenced, such limit shaft apply in the case of a pro- secution for such offence in the District Court.

Procedure and practice of the

29. (1) Subject to the provisions of this Ordinance and to the District Court Criminal Procedure Rules, the procedure and practice for the time being in force in the Supreme Court în re-

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lation to criminal proceedings therein shall, so far as the same court in may be applicable, be followed as nearly as may be in criminal ita criminal

jurisdic- proceedings in the District Court; and where it is necessary for tion. the purpose of rendering such procedure and practice con- veniently applicable, the expressions "indictment" and "count" shall be understood to refer to "charge sheet" and "charge" respectively.

(2) Notwithstanding the provisions of subsection (1), none of the provisions of the Criminal Procedure Ordinance in Part I (Cap. 221) of the Third Schedule particularized shall be applied to pro- schedule. ceedings in the District Court.

Third

(3) The special provisions contained in Part II of the Third Third

Schedule. Schedule touching the procedure and practice of the District Court in the exercise of its criminal jurisdiction shall be applied to criminal proceedings in the court where the circumstances of such proceedings require their application.

(4) Where any provision of the Criminal Procedure Ordin- ance is applicable to criminal proceedings in the District Court, such provision shall be read with such verbal alterations and modifications not affecting its substance as are necessary to render it conveniently applicable; and in particular, and without prejudice to the generality of the aforesaid,—

(a) any such provision relating to a "jury" or a “verdict of a jury" shall be understood to refer to a District Judge and the functions of a District Judge as a judge of fact; and

(b) where there occurs any reference to anything to be done before, at, at the termination of, or after, any session of the Supreme Court, such thing shall be done in the District Court from time to time and as often as that court may require.

(5) Nothing in this section shall be taken to authorize- (a) the institution of any criminal proceeding in the District Court save in accordance with the express provisions of this Part; or

(b) trial by jury in any criminal proceeding instituted under

the provisions of this Part.

30. Before pronouncing judgment, a District Judge shall Verdict. record his verdict and, at the same time or so soon thereafter as may be, shall also place on record a short statement of the reasons for the verdict.