NOV 30 1845
PROCLAMATION.
1282. Angking.
relevant to the charge against him, in explanation or defence of his conduct; but he is at the same time, to be warned not to say any thing that may criminate himself.
WITH reference to the Proclamation published under date, the 1st of June, 1843, the following Rules of Practice and Proceeding, in the Criminal and Admiralty Court of Hong-Kong, are promulgated for general information, and are to be considered in force from the date hereof, until the same shall be disallowed by command of Her Majesty, or shall be set aside, or modified, by competent authority.
GOD SAVE THE QUEEN.
HENRY POTTINGER,
CHIEF SUPERINTENDENT.
Dated at the Government-House, Hong-Kong, this 20th day of June, 1843.
SECTION I.
OF ARREST.
RULE 1st—No subject of her Majesty shall be arrested for trial within this jurisdiction, unless charged upon oath, by one or more credible person, or persons, before the Deputy-Superintendent, or before the Chief Magistrate of Hong-Kong, or before any two of her Majesty's Justices of the Peace, with such an offence as would justify the individual so charged, being, when apprehended, committed, or held to bail.
RULE 2nd—Arrest may be made in two ways.
First—By Warrant under the hand and seal of the Authorities named in the preceding Rule. (See Appendix No. 1.)
Second—By verbal order of the Deputy-Superintendent, or the Chief Magistrate of Hong-Kong, or by any single Justice of the Peace in the event of any subject of her Majesty committing (or being apparently about to commit) a dangerous breach of the peace in their respective presence.
RULE 3rd—All persons charged with the execution of Warrants of Arrest within this jurisdiction, to exercise like authority, to be entitled to like immunities, and to be liable for unlawful proceedings, to like liabilities, as persons executing the warrant of the courts of Oyer and Terminer in England.
SECTION II.
OF COMMITMENT.
RULE 1st—When a person charged with a crime or offence shall be arrested within this jurisdiction, he is to be as speedily as possible brought before the Authorities named in the warrant, for examination.
RULE 2nd—If the accused person cannot find Bail, he is to be committed by Warrant (as in the case of offences not bailable) to take his trial before the Court for the offence with which he stands charged [See Appendix No. 2, for Warrant of Committal.]
RULE 3rd—The principle and practice of the Law of England to obtain, as far as possible (with reference to local circumstances) as to the period within which a prisoner should be placed on his trial, and likewise as to the period within which Prosecution for offences committed within the Court's jurisdiction should be instituted.
SECTION III.
OF BAIL.
RULE 1st—The Chief Superintendent, Deputy-Superintendent, or other official functionary to whom the case may be remitted, agreeable to Rule 5th of the preceding Section, to have the like power in respect to Bail as appertains by law and usage to the Court of Queen's Bench, in England; and in the event of refusal, or of unnecessary delay, in the case of a bailable offence, to be liable to like penalties as Magistrates in England.
RULE 5th—Should it plainly appear to the Examining Authorities, that the alleged offence has not been committed by the person accused, or, where committed, the offence is of so trivial a nature as not to require bail, the accused is to be discharged, leaving the matter to be investigated by the Chief or Assistant-Magistrate, or other inferior Court; but, where in the opinion of the Examining Authorities the offence is sufficiently established, and of a nature requiring the detention of the accused, he is to be kept in safe custody till the examination can be submitted to the Chief Superintendent, (or such Official Functionary as he may depute to act for him) for final disposal. [See Appendix No. 2.]
RULE 6th—Examining Authorities are to conduct their proceedings on oath [see Appendix No. 3.,] and are to have the like power of summoning witnesses (being British subjects) as is herein vested in the court [See Appendix No, 4., for Form of Summons.]
RULE 7th—British subjects refusing to attend on the summons of examining Authorities, to be liable to the Penalties herein after provided, for failure of attendance when summoned before the court.
SECTION IV.
OF PROSECUTION.
RULE 1st—In all cases coming within the jurisdiction of the Court, prosecution is to be by way only of a Bill of Indictment found by, and presented on, oath by, a Grand Jury. (See Appendix No. 5.)
RULE 2nd—Authorities conducting examinations, in the first instance of accused persons, are not subsequently to take part in any capacity whatever, in the trial before the court, of such persons.
RULE 3rd—On the examination of accused persons, when arrested within this jurisdiction, the testimony and information of all individuals having any knowledge of the alleged crime are to be carefully taken down in writing, and on oath, in the presence of, and subject to cross examination by the accused. (See end of the Appendix N. B.)
RULE 4th—The person accused to be allowed to state any thing he likes, provided it be strictly relevant to the charge against him...
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NOV 30 1845
PROCLAMATION.
1282. Angking.
relevant to the charge against him, in explanation or defence of his conduct; but he is at the same
criminate himself.
WITH reference to the Proclamation pub- time, to be warned not to say any thing that may lished under date, the 1st of June, 1843, RULE 5th-Should it plainly appear to the the following Rules of Practice and Pro- Examining Authorities, that the alleged offence has ceeding, in the Criminal and Admiralty not been committed by the person accused, or, Court of Hong-Kong, are promulgated for that where committed, the offence is of so trivial a general information, and are to be con- nature as not to require bail, the accused is to be sidered in force from the date hereof, until discharged, leaving the matter to be investigated by the Chief or Assistant-Magistrate, or other the same shall be disallowed by command inferior Court; but, where in the opinion of the of Her Majesty, or shall be set aside, or modified, by competent authority.
GOD SAVE THE QUEEN.
HENRY POTTINGER,
CHIEP SUPERINTENDENT. Dated at the Government-House, Hong-Kong, this 20th day of June, 1843.
SECTION I.
OF ARREST.
Examining Authorities the offence is sufficiently established, and of a nature requiring the detention of the accused, he is to be kept in safe custody till the examination can be submitted to the Chief Superintendent, (or such Official Functionary as he may depute to act for him) for final diposal. [See Appendix No. 2.1
RULE 6th-Examining Authorities are to con duct their proceedings on oath [see Appendix No. 3.,] and are to have the like power of sum moning witnesses (being British subjects) as is herein vested in the court [See Appendix No, 4.,
RULE 1st-No subject of her Majesty shall be for Form of Summons.] arrested for trial within this jurisdiction, unless RULE 7th-British subjects refusing to attend on charged upon oath, by one or more credible per the summons of examining Authorities, to be son, or persons, before the Deputy-Superintendent, liable to the Penalties herein after provided, for or before the Chief Magistrate of Hong-Kong, or failure of attendance when summoned before the before any two of her Majesty's Justices of the court. Peace, with such an offence as would justify the individual so charged, being, when apprehended, committed, or held to bail.
SECTION III.
OF BAIL.
RULE 2ud-Arrest may be made in two ways. RULE 1st-The Chief Superintendent, Deputy- First By Warrant under the hand and seal Superintendent, or other official functionary to of the Authorities named in the preceding Rule, whom the case may be remitted, agreeable to (See Appendix No. 1.)
Rule 5th of the preceding Section, to have the Second-By verbal order of the Deputy- like power in respect to Bail as appertains by law Superintendent, or the Chief Magistrate of and usage to the Court of Queen's Bench, in Eng- Hong-Kong, or by any single Justice of the land; and in the event of refusal, or of unneces- Peace in the event of any subject of her Majesty sary delay, in the case of a bailable offence, to be committing (or being apparently about to com- hable to like penalties as Magistrates in England. init) a dangerous breach of the peace in their respective presence.
Rule 3rd-All persons charged with the execution of Warrants of Arrest within this juris- diction, to exercise like authority, to be entitled to like immunities, and to be liable for unlawful proceedings, to like liabilities, as persons executing the warrant of the courts of Oyer and Terminer
England.
101
SECTION II.
OF COMMITMENT.
RULE 1st-When a person charged with a crime or offence shall be arrested within this jurisdiction, he is to be as speedily as possible brought before the Authorities named in the war. rant, for examination.
RULE 2nd. If the accused person cannot find Bail, he is to be committed by Warrant (as in the case of offences not bailable) to take his trial before the Court for the offence with which he stands charged [See Appendix No. 2, for Warrant of Committal.]
RULE 3,-The principle and practice of the Law of England to obtain, as far as possible (with reference to local circumstances] as to the period within, which a prisoner should be placed on his trial, and likewise as to the period within which Prosecution for offences committed within the Court's jurisdiction should be instituted.
SECTION IV.
OF PROSECUTION.
RULE. Ist.In all cases coming within the RULE 2nd-Authorities conducting examina- jurisdiction of the Court, prosecution is to be by tions, in the first instance of accused persons, are way only of a Bill of Indictment found by, and not subsequently to take part in any capacity presented on, oath by, a Grand Jury. (See Ap- whatever, in the trial before the court, of such pendix No. 5.)
persons.
RULE 2nd-It shall be the duty of an officer of RULE 3rd-On the examination of accused the Court, who is to be designated the Recording persons, when arrested within this jurisdiction, the Officer, to return on each Session, the names of testimony and information of all individuals having twenty good and loyal subjects of her Majesty to any knowledge of the alleged crime are to be act as Grand Jurors, and to do and execute all carefully taken down in writing, and on oath, in things on the part of our Sovereign Lady the the presence of, and subject to cross examination
by the accused. (See end of the Appendix N. B) Queen, which shall then be legally required of
RULE 4th-The person accused to be allowed
to state any thing he likes, provided it be strictly
them.
RULE 3rd-Not less than fifteen, and not more
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