1954-HKRS28-8-21_Part01 — Page 8

Amendment

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3. Section 83 of the principal Ordinance is amended by the of section deletion from subsection (3) of the last proviso thereto.

33.

Amendment of section 84.

4.

Repeal of section 85.

Repeal and replace- meat of section 84.

Section 84 of the principal Ordinance is amended- (a) by the deletion from the last four lines of all the words after the words "the magistrate shall" in subsection (2) and the substitution therefor of the following—

"order that the accused stand committed for trial at the Criminal Session of the Supreme Court for the next easuing month, and shall so inform the accused or cause him to be so informed.";

(b) by the addition after subsection (2) of the following new

subsections-

"'(3) if the magistrate orders that the accused stand committed for trial under subsection (2), he shall then issue his warrant committing the accused to prison until delivery by due course of law: Provided that he may, if he thinks fit, admit the accused to bail in any case where he has power to grant bail under the provisions of this Ordinance.

(4) Notwithstanding any such committal the court may, of its own motion or on the application of the Crown or of the accused, order the accused to appear or be pro- duced before the court to be tried on any such date after his committal as the court may appoint."'

5. Section 85 of the principal Ordinance is repealed.

6.

Section 86 of the principal Ordinance is repealed and replaced by the following section--

"Deposi- tions and exhibita after

comumittal.

86. (1) The written charge, the depositions of the prosecutor and the witnesses, including witnesses (if any) called by the accused, the statement of the accused and bis evidence (if any), certificates signed by the magistrate touching the due observance of the requirements of sections 81, 82 and subsection (2) of section 84, the recognizances of the prosecutor and of all witnesses and the recognizances of bail (if any), and any documents which have been produced in

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evidence, together with a list signed by the magis- trate of all exhibits produced in evidence, shall be transmitted to the Registrar together with as many copies thereof certified by the magistrate as the Re- gistrar may require, as soon as may be after the committal for trial of the accused and a copy similarly certified, shall at the same time be trans- mitted to the Attorney General.

(2) An accused committed for trial shall, on application by himself or by his solicitor made on his behalf, be furnished free of charge before his trial with one copy of such depositions, documents and list re- lating to his case as are referred to in subsection (1).

(3) If the accused or his solicitor notify the magistrate's clerk in writing of such requirement, further copies of all or any of the documents referred to in subsection (1) shall be supplied on payment of fifteen cents for each folio of seventy-two words.

(4) All exhibits other than documentary exhibits shall, unless the magistrate otherwise directs, be taken charge of by the Commissioner of Police and shall be produced at the trial by him or by a police officer deputed for that purpose."

Subsection (1) of section 87 of the principal Ordinance is Amendment amended by the deletion of the words "to the Attorney General" of section and by the substitution therefor of the following-

"in accordance with the provisions of that subsection,'

87.

8. Any proceeding whatsoever in relation to any person who Saving. stands committed for trial at the commencement of this Ordinance shall be taken as though this Ordinance bad not been enacted.

Passed the Legislative Council of Hong Kong, this 3rd day of March, 1954-

Deputy Clerk of Councils.

(Secretariat 9/3231/53)