RULE 3rd. In any urgent case where witnesses either for or against a prisoner are unavoidably forced to leave China previous to the trial of such prisoner, they may be examined on oath, in presence of the prisoner, by such Official Authorities, or Magistrates as the Chief Superintendent shall nominate to discharge this duty; and such examination shall be recorded, and be held and taken, to be sufficient evidence on the trial to which it relates: the prisoner always having the advantage of any doubt or omission, that may be discovered in such examination when it is produced before the court. [See Appendix No. 16]
RULE 4th. Citizens or subjects of Foreign States not resident on Hong Kong (after the island has been declared a British Colony) whose evidence may be necessary or desirable on any trial, are to be requested by the Recording Officer to attend the court, for the furtherance of the ends of justice: but failing to do so, the Jury is to deliver its Verdict on the evidence that may be adduced before it.
RULE 5th. In all cases where Citizens, or Subjects of Foreign States may be permanently resident on Hong Kong [after the Island shall be declared to be a British Colony] they will, of course, be subject to the same laws and entitled to the like protection of them, as Her Majesty's subjects, and as such they will be held amenable to the authority of the court.
SECTION IX.
OF REPRIEVE AND JUDGMENT.
RULE 1st. In all cases demanding sentence amounting to capital punishment, the prisoner will be respited, and by order of the court, kept in close and solitary confinement, pending the receipt of Her Majesty's pleasure.
RULE 2nd. In all other cases the court will exercise its own discretion as to Judgment and Reprieve; being guided by the principles and practice of the law of England, and having the like powers that belong of right to the Judges of the Courts of Oyer and Terminer in England.
SECTION X
OF PERSONS AMENABLE TO THE COURT.
RULE 1st. Regard being had to local circumstances, and especially to the object for which the Criminal and Admiralty Court in China, was first established by the Order in Council, of the 9th of December 1833, it is further declared, that for the present, and pending the receipt of Her Majesty's gracious pleasure, no individual belonging to Her Majesty's Naval and Land Forces in China, and who is consequently subject to Martial Law, shall be considered amenable to the jurisdiction of the Court, or shall be arraigned before it.
RULE 2nd. All Subjects of Her Majesty, not included in the foregoing Rule, and likewise all Citizens and Subjects of Foreign States permanently residing within the Colony of Hong Kong, [so soon as it shall be declared a Possession of the British Crown] shall be considered amenable to the Jurisdiction of the Court.
GOD SAVE THE QUEEN.
HENRY POTTINGER,
CHIEF SUPERINTENDENT.
422
fined (in addition to the amount of his Recog nizance being estreated) as laid down for Jurors in the preceding Rule. (See Appendix No. 15.] RULE 3rd. In any urgent case where wit- nesses either for or against a prisoner are unavoid- ably forced to leave China previous to the trial of such prisoner, they may be examined on oath, in presence of the prisoner, by such Official Authori- ties, or Magistrates as the Chief Superintendent shall nominate to discharge this duty; and such examination shall be recorded, and be held and taken, to be sufficient evidence on the trial to which it relates: the prisoner always having the advantage of any doubt or omission, that may be discovered in such examination when it is produced before the court. [See Appendix No. 16]
RULE 4th Citizens or subjects of Foreign States not resident on HongKong(after the island has been declared a British Colony) whose evidence may be necessary or desirable on any trial, are to be requested by the Recording Officer to attend the court, for the furtherance of the ends of justice: but failing to do so, the Jury is to deliver its Ver- dict on the evidence that may be adduced before it. RULE 5th-In all cases where Citizens, or Subjects of Foreign States may be permanently resident on Hong-Kong [after the Island shall be declared to be a British Colony] they will, of course, be subject to the same laws and entitled to the like protection of them, as her Majesty', sub- jects, and as such they will be held amenable to the authority of the court.
SECTION IX.
OF REPRIEVE AND JUDGMENT. RULE 1st-In all cases demanding sentence amounting to capital punishment, the prisoner will be respited, and by order of the court, kept in close and solitary confinement, pending the receipt of her Majesty's pleasure.
RULE 2nd-In all other cases the court will exercise its own discretion as to Judgment and Reprieve; being guided by the principles and practice of the law of England, and having the like powers that belong of right to the Judges of the Courts of Oyer and Terminer in England.
SECTION X
OF PERSONS AMENABLE TO THE COURT, RULE 1st-Regard being had to local circum- stances, and especially to the object for which the Criminal and Adiniralty Court in China, was first established by the Order in Council, of the 9th of December 1833, it is further declared, that for the present, and pending the receipt of Her Ma jesty's gracious pleasure, no individual belonging to Her Majesty's Naval and Land Forces in China, and who is consequently subject to Martial Law, shall be considered amenable to the jurisdiction of the Court, orshall be arraigned before it
RULE 2nd.--All Subjects of her Majesty, not included in the foregoing Rule, and likewise all Citizens and Subjects of Foreign Statos perma- nently residing within the Colony of Hong Kong, [so soon as it shall be declared a Possession of the British Crown] shall be considered amenable to the Jurisdiction of the Court.
GOD SAVE THE QUEEN.
HENRY POTTINGER,
CHIEF SUPERINTENDENT.
422
ND
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