1976-HKRS28-16-24_Part02 — Page 69

Repeal and replacement

of inciton 74.

Repeal and

replacement of section $14.

tively shall pay to the defendant such costs as to him may seem just and reasonable, but not in any case exceeding five hundred dollars" and zub- stituting the following-

LI

not exceeding $2,000, as he may think fit; and where a magistrale dismisses the complaint or information he may, if he in satisfied that the proceedings ought not to have been instituted or pursued against the defendant, order that the complainant or informant shall pay to the defendant such costs, not exceeding $2,000, as he may think ft. 12. Section 74 of the principal Ordinance is repealed and replaced by the following

"Wamol CO oprebend where indoCo

Is Bled bry Autorney General

direction or web coasca etc. (Cap. 21)

Foren 4.

74. (1) Where the Attorney General files an indictment against any person pursuant to the direction or with the consent of a judge under section 24A of the Criminal Procedure Ordinance, the Registror, on application by or on behalf of the Attorney General, shall issue a certificate certifying that the indictment has been filed against that person.

(2) Where a certificate issued under subsection (1) is produced to a magistrate, he shall, if the person named in the indictment-

(a) is at large, issue a warrant to arrest that person; or (b) is in custody, issue a warrant directed to the Com-

missioner of Prisons requiring that person to be brought before a magistrate.

(3) Where the person named in a warrant issued under subsection (2) is brought before a magistrate, or a person is otherwise brought before a magistrate, and the magistrale is satisfed by evidence on oath that such person is the person named in the indicament referred to in a certificate issued under subsection (I), he shall without further inquiry or examination order that that person shall stand com- mitted for trial before the High Court on the charge in the indictment and shall either remand such person in custody or admit him to bail.".

13. Section 81A of the principal Ordinance is repealed and replaced by the following-

**Admission

of statemen

and exhibita

Lft committ proceedings.

81A. (1) Subject to the provisions of this section, on the hearing of an indictable offence, a magistrate may admit in evidence on behalf of the prosecution-

(a) any statement to which this section applies; and (b) any exhibit clearly identified in any such statement, notwithstanding that the person who made the statement is not called as a witness to give oral evidence at the hearing. (2) This section shall apply to any written statement. whether or not it is written in the language used by the person who made the statement, if-

(a) it is tendered to the magistrate by the prosecutor; (b) being a slatement which—

(i) was made orally in a language other than English; and

(ii) has been written in English,

it is certified under subsection (8);

(C), BJ

7

(c) being a statement which was written in a language other than English, it is accompanied by a transla- tion thereof in English certified under section 27 of the Evidence Ordinance:

(d) it purports———

(i) to have been read over to the person who made the statement in the language used by that person in making the statement or to have been read by that person; and

(1) to have been signed by that person;

(e) copies of the written statethent and any certified translation thereof in English have been served an the accused and delivered to the magistrate not less than 10 days before the date fixed for the hearing: Provided that, on the application of the pro- secutor or the accused, the magistrate may reduce the period of 10 days and allow such shorter period as he may specify.

(3) An exhibit may be admitted in evidence under sub- section (1) if-

(a) it is clearly identifled in a written statement admitted

in evidence under subsection (1) and

(6) not less than 10 days before the dais Oxed for the

hearing-

(i) in the case of an exhibit which consists of a written document, copies of the exhibit, and if the docurbent was written in a language other than English, a written translation thereof in English certified under section 27 of the Evidence Ordinance are served on the accused and delivered to the magistrate; and

(i) in the case of any other exhibit, the accused has been given adequate opportunity to examine the exhibit:

Provided that, on the application of the pro- secutor or the accused, the magistrate may reduce the period of 10 days and allow such shorter period as he may specify.

(4) Where a magistrate admits in evidence any writtea statement or exhibit under this section he shall cause--

(a) the written statement to be read over to the accused;

and

(b) any exhibit referred to in the written statement ta

be shown to the accused,

unless-

(the accused informs the magistrate that he does got wish the written statement to be read over to him or the exhibit to be shown to him, as the case may be; and

(ii) in the case of a written statement, the magistrate

is satisfied that the accused understands it.

(5) Where, under subsection (4)—–—–

(0) & magistrate has caused—