Amendment of
section 82.
Amendment of action 86.
(Op. 20)
3.
individual defendant against whom the complaint is made or the information laid.
(3) Subsection (4) of section 49 of the Criminal Procedure Ordinance shall apply mutatis mutandis to a representative for the purposes of subsection (1) as it applies to a representative for the purposes of that section.
(4) A letter under subsection (5) of section 18 may be addressed to the magistrate on behalf of a corporation by a director or the secretary of the cor- poration and that subsection shall apply in relation to a letter purporting to be so addressed as it applies to a letter purporting to be addressed by an individual defendant.".
い
Section 82 of the principal Ordinance is amended by
adding, after subsection (3), the following new subsections-
"S,1 1568/ 1930 F. 400 & (13).
(p. 2015
4.
(4) After subsection (3) has been complied with, the magistrate shall then say to the accused--
"I must warn you that if this court should commit you for trial you may not be permitted at that trial to give evidence of an alibi or to call witnesses in support of an alihi unless you have earlier given particulars of the alibi and of the witnesses. You may give those particulars now to this court or to the prosecutor not less than ten days prior to the commencement of your trial.",
or words to that effect and, if it appears to the magis- trate that the accused may not understand the meaning of the term “alibi”, he shall explain it to him.
(5) Where the magistrate has given to the accused the warning required by subsection (4) the clerk of the court shall give to him written notice of the provisions of section 65D of the Criminal Proce- dure Ordinance.".
Section 86 of the principal Ordinance is amended in subsection (1) by inserting, after "the recognizances of bail (if any).", the following-
"where the magistrate bas made an order under subsection (2) of section 87A, a statement to that effect,”.
5. Part III of the principal Ordinance is amended by adding, after section 87, the following new sections-
"Restrictions
on reports of committal proceedings.
1967, c. 80, m. 34 36. 3.). 1968) 1900. r. 2.
87A. (1) No person shall publish in the Colony a written report, or broadcast in the Colony a report, of any committal proceedings in the Colony contain- ing any matter other than that permitted by sub- section (7).
(2) Notwithstanding subsection (1), a magistrate shall, on an application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) shall not apply to reports of those proceedings, and any such order shall be entered in the Magistrate's Case Register.
(3) If the accused is not represented at any com- mittal proceedings by counsel or by a solicitor, the magistrate shall, immediately before taking deposi- tions of witnesses, explain to the accused the restric- tions on reports of committal proceedings imposed by subsection (1) and inform him of his right to apply to the court for an order removing those restrictions.
(4) Where a magistrate has made an order under subsection (2) removing the restrictions on reports of committal proceedings and has adjourned those pro- ceedings to another day, he shall, at the beginning of the adjourned hearing of the proceedings, state that the order has been made.
(5) Notwithstanding subsection (1) a report of committal proceedings containing matter other than that permitted by subsection (7) may be published or broadcast-
(a) where the magistrate determines not to commit the accused for trial, after he has so determined:
(b) where the magistrate commits the accused or any of the accused for trial, after the conclusion of his trial or, as the case may be, the trial of the last to be tried.
(6) Notwithstanding subsection (1), where at any time during committal proceedings the magistrate assumes power to deal with the offence summarily under section 91 or 92, a report of so much of the committal proceedings containing any such matter as
Addition of new sectiona 87A and B7E
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