CO129-404 - Acting Governor Claud Severn - 1913 [10-12] — Page 38

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

I JUSZU

کوله

Report

37

1/-

on An Ordinance entitled An Ordinance to amend

the Magistrates Ordinance, 1890.

A

Under the provisions of Section 77 of the Magistrates Ordi- nance 1890 it was laid down in order to ensure a prisoner's early

trial that if a Magistrate committed an accused person to prison for trial he should inform him that he was committed to gaol until the

next Criminal Sessions of the Supreme Court. By Section 4 of the

Magistrates Amendment Ordinance, 1910 this simple form was somewhat

elaborateɖin order to avoid the inconvenience which resulted from the

committal of the accused person for trial on a day very shortly before

the actual holding of the Sessions. By the exclusion under the pro-

visions of Section 2 of the Criminal Sessions Ordinance 1912 of the

months of January and July from those in which Criminal Sessions should

be held it was necessary to make a corresponding alteration under Section 77 of the Hagistrates finance 1890 as re-enacted by Section

4 of the Magistrates Amendment Ordinance 1910 and this was effected

by the provisions of Section 3 of the Criminal Sessions Ordinance

1912. Owing to the fact that it has now been found that it is not

possible to tid down the sittings of the Full Court to the months

of January and July it has been provided by the Criminal Procedure

Amendment Ordinance 1913 (which is forwarded simultaneously with this

Ordinance) that the Chief Justice may order on due notice being given

that no Sessions shall be held in such month or months of a year as

he shall specify in such order, this being done for the purpose of

giving a greater elasticity to the arrangements for fixing the months

in which the sittings of the Full Court may conveniently be held.

Accordingly it has again become necessary to alter the law relative

to the Magistrate giving information to the accused person committed

for trial of the date of the Sessions at which his trial will take

place. The present Ordinance effects this purpose so that an accused

person committed for trial has to be committed to the next Criminal

Sessions which shall in fact take place.

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