to be
Land
which is
fully
not
likely
discussed before long in
this country.
the subject of in the House
Session:
and
of
1 way
Bili presented
Commers
this
I believe however that in Hong Kong, an Ordinance permitting the Interrogation of Prisoners when brought before the Magistrate would greatly facilitate the investigation of the case and the Elucidation of the truth. It would not be attended with injustice, for were thus elicited of any facts from the Prisoner favorable or unfavorable to his defence which he might desire to substantiate or rebut by further Evidences he might be remanded as often as the circumstances required.
Summary
Conviction cases he could appeal to the Supreme Court and in all cases of Committal the Judge at the Trial might exercise a discretion and exclude from the Jury any consideration of answers improperly elicited by the Magistrate.
The preliminary investigation of charges would, I believe, be found to work extremely well, for it would possess the advantages of the French and other continental Systems without their objectionable feature - the Secrecy of the Proceedings "Prison de Prévention". It would also assist in bringing the case for the Crown as well as for the Prisoner before the Jury in as complete a form as possible and would do much to prevent the inconvenience arising from Defences springing up at the Trial.
The Acting Chief Justice on the contrary approves of the Interrogation of Prisoners at the Trial but objects to their Interrogation during the preliminary investigation of the case before the Magistrate. I cannot concur with him in recommending this plan.
The advantage gained by interrogating the Prisoner while before the Magistrate is obvious; facts can be elicited there, and witnesses necessary for both the Prosecution and the Defence can be at once procured and bound to appear at the Trial; but if the Interrogation is not to take place until the case is before the Jury, the Prisoner would always reserve his defence until the Trial in the hope that the Interrogation then might elicit new facts requiring the attendance of new witnesses and would necessitate an adjournment, which in a criminal Trial is much to be deprecated.
to be
Land
which is
fully
not
likely
discussed before long in
this country.
the subject of in the House
Session:
and
of
سلام
1
way
ece
Bili presented
Commers
this
I believe however that in
tong Kong,
an
Ordinance permit- ting the Interrogation of Prisoners when brought before the Magistrate
would greatly facilitate the investigation of the case and the Elucidation of the truth. It would not be attended with injustice, for
were thus elicited of any facts from the Prisoner favorable or unfavorable to his defence which he night desire to substantiate to rebut by further Evidences he might be remanded as often as the circumstances required.
Summary
Conviction Яге he could appeal to the Supreme
cases of Committal the Sudge at the Trial might exercise a tion and exclude from the
the Jury any consideration of answers improperly elicited by the Magistrate.
OC...
Court and in all
The preliminary
of charges
discre.
Investigation
tem would
This system
extremely
well, for it would
I believe be found to work
possess the advantages of the
Fecuch and other continental without their objecto- Systems -nable feature which
the
R
Secrecy of
the Proceedings
448
the
"Prison de Prévention? It would also assist in bringing the case for the for the Prisoner.
Crown
ALJ
well a
in
before the Surg.
Form as
much
complete a
possible and would do to prevent the inconvenience
arising from Defences springing up at the Trial.
the
The Acting Chief Justice on contrary approves of the Interrogation of Prisoners at the Trial but objects to their Interrogation during the preliminary investigation of the case before the chagistrate I cannot concur with him in recommending this plan.
ed by inter The advantage gained by
rogating the Prisoner while before all the the Magistrate is obvious; facts can be elicited there, and ace witnesses necessary for both Itic Prosecution and the Refence can be at
once procured and
at the to appear bound Trial; but if the Interrogation is not to take place until the case is before the Jury, the Prin
over
reserve
his
-Soven would alway. refence until the Trial in the hope
teal the Interrogation then
might elicit new facts requiring
the attendance of new with esses and would necessitate
Bl
which in a crin
adjournment -merial Trial is very
be deprecated. Of no
much to
adjour
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