1962-HKRS29-8-29_Part01 — Page 43

Repeal and roplacement

of section 13.

Repeal and replacement

of an HL

conduct generally on behalf of the Attorney General any prosecution or specified class of prosecutions or any particular case before the Court and any public prosecutor so appointed may, without any written authority, appear before a judge upon any proceedings in any case of which he is in charge.".

11. The principal Ordinance is amended by the deletion of section 13 and the substitution therefor of the following--

"District Court Rulea Committee.

13. (1) There shall be a District Court Rules Com- mittee consisting of the Chief Justice, the judges, a barris- ter mominated by the Bar Association of Hong Kong, a solicitor nominated by the Incorporated Law Society of Hong Kong and the Registrar.

(3) At any meeting of the Rules Committee, three members, one of whom is either such a barrister or such a solicitor, shall be a quorum.

(3) The Rules Committee shall be convened by or at the direction of the Chief Justice.

(4) The Chairman of the Rules Committee shall be the Chief Justice or, in his absence, the senior judge present at the meeting.".

12. The principal Ordinance is amended by the deletion of Part III (sections 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23) and the sub- stitution therefor of the following--

**PART III.

PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL PROCEEDINGS.

Evidenca of prisoners.

14. (1) In any proceedings pending before a Court, the judge may, if he thinks At, upon application by any party. issue an order under his hand for bringing up before the Court any person (hereinafter in this section referred to as a "prisoner"") confined in any place under any sentence or under commitment for trial or otherwise. to be examined as a witness in the proceedings.

(2) The prisoner mentioned in any such order shall be brought before the Court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the Supreme Court and examined therein as a witness ;

Provided that the person having custody of the pri- soner shall not be bound to obey the order in respect of

Penalty for neglect of wildess summoned.

Committal for contempt,

7

any civil cause or matter unless there is intended to him a reasonable sum for the conveyance and maintenance of a proper officer or officers accompanying the prisoner and of the prisoner in going to, remaining at, and returning from the Court.

15. (0) Any person summoned in manner prescribed as a witness in the Court, or ordered to be brought up as a witness pursuant to section 14, who-

(a) refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced; or

(b) refuses to be sworn or to give evidence, shall forfeit such fine not exceeding one thousand dollars as the judge may direct;

Provided that no person so summoned shall forfeit a fine as aforesaid unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses, including, in such cases as may be prescribed, compensation for loss of time.

(2) Any person present in court who is required to give evidence but refuses to be sworn or to give evidence shall forfeit such fine as aforesaid.

(3) A judge may ut his discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.

16. If any person-

(a) wilfully insults a judge or a witness or any officer of the Court during his sitting or attendance in court, or in going to or returning from the Court;

OF

(6) wilfully interrupts the proceedings of the Court or

otherwise misbehaves in court.

any officer of the Court, with or without the assistance of any other person may, by order of the judge, take the offender into custody and detain him until the rising of the Court and the judge may if he thinks fit-

O by a warrant under his hand commit the offender to prison for a specified period not exceeding fourteen days; or