1976-HKRS28-16-24_Part03 — Page 1

8

Amaneti af

Section 118.

(Cap. 1)

(i) a written statement to be read over to an accused; or

(ii) an exhibit referred to in the written statement to be shown to the accused; or

(b) the accused has informed the magistrate that he does not wish the statement to be read over to him or the exhibit to be shown to him,

the accused may object to the admissibility of the statement or the exhibit or any part of the statement or exhibit, and after hearing any reply which the prosecutor may make, the magistrate shall allow or disallow" the objection.

(6) If a magistrate admits in evidence under this section any written statement or exhibit or any part of a written statement or exhibit, he shall make a note in the minute of the proceedings to this effect and shall sign the statement certifying how much of the statement or exhibit has been admitted by him in evidence.

(7) A magistrate-

(a) may if he thinks fit require a person who has made # written statement which is admissible in evidence under this section to give oral evidence at the hearing in accordance with section 81; and

(b) shall require such a person so to give evidence if he is required to do so by either the prosecutor at the accused and at least 3 days' notice of such requirement, or such other notice thereof as the magistrate may order on the application of the prosecutor or the accused, has been given to the mugistrate,

whether or not in either case the written statement is admitted in evidence under this section.

(8) For the purposes of this section-

(c) a statement which is made orally in a language other than English and which is written in English shall be deemed to be certified if it bears a certificate which-

() purports to be signed by the person who translated the statement into English; and

(i) certifies that the written statement is an accurate translation in English of the oral statement: and

(b) a written stalement shall be deemed to include an

abstract or part of any such statement.

(9) This section shall apply notwithstanding anything contained in sestion #1 or in the Evidence Ordinance.".

14. Section 119 of the principal Ordinance is amended in subscc- tion (1) by deleting paragraph (c) and substituting the following-

"(c) the appeal shall not operate as a stay of execution except in the

case of

() an order for caning; or

(i) an order for payment of compensation;".

1976.

Passed by the Hong Kong Legislative Council this 9th day of June,

क

Clerk to the Legislative Council.

This printed Impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Аж

Clerk to the Legislative Council.