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the Court shall proceed to make a preliminary examination in the prescribed manner.
(2) On the conclusion of the preliminary examination, the Court shall bind by recognizance the prosecutor and every witness to appear at the trial to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be), and if the case is to be tried in or reported to another Court, shall forthwith send the depositions, with a minute of other evidence (if any) and a report, to the Court before which the trial is to take place.
54. Where a British subject is accused of an offence the cognizance whereof appertains to any Court established under this Order, and in the opinion of the Supreme Court it is expedient that the offence be inquired of, tried, determined, and punished in a British possession, the accused may (under the Foreign Jurisdiction Act, 1890, section 6) be sent for trial to Hong Kong or to Burma; and the Supreme Court of Hong Kong and the Sessions Court at Mandalay shall respectively be the authorised Courts for the purposes of that enactment,
The Supreme Court may, where it appears so expedient, by warrant under the hand of a Judge and the seal of the Court, cause the accused to be sent for trial to Hong Kong or to Mandalay accordingly.
The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Hong Kong or Mandalay, according to the warrant.
Where any person is to be so sent to Hong Kong or to Burma, the Court before which he is accused shall take the preliminary examination, and if it seems necessary and proper shall bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.
55.—(1) If a British subject, having appeared as prosecutor or witness at a preliminary examination, refuses to enter into a recognizance to appear at the trial to prosecute or give evidence, the Court may send him to prison, there to remain until after the trial, unless in the meantime he enters into a recognizance.
(2) But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the Court may require him either to enter into a recognizance or to give other security for his attendance at the trial, and if he fails to do so may in its discretion dismiss the charge.
56. Subject to Rules of Court made under this Order, the Court may order payment of allowances in respect of their reason- able expenses to any complainant or witness attending before it on the trial of any criminal case, and also to jurors, assessore, interpreters, medical practitioners, or other persons employed in or in connection with criminal cases.
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Charges.
57.-(1) The charge upon which an accused person is tried shall state the offence charged, with such particulars as to the time and place of the alleged offence, and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) The fact that a charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(3) Where the nature of the case is such that the particulars above mentioned do not give such sufficient notice as aforesaid, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will give such sufficient notice.
(4) For the purposes of the application of any Statute Law, a charge framed under the provisions of this Order shall be deemed to be an indictment.
58. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases following, that is to say :- (a) Where a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, ho may be charged with, and tried at one trial for, any number of them not exceeding three.
(b) If in one series of acts so connected together as to form
the same transaction more offences than one are com
mitted by the same person, he may be charged with and tried at one trial for every such offence.
(o) If the acts alleged constitute an offence falling within two or more definitions or descriptions of offences in any law or laws, the accused may be charged with, and tried at one trial for, each of such offences.
(d) If several acts constitute several offences, and also when combined a different offence, the accused may be charged with, and tried at one trial for, the offence constituted by such acts when combined, or one or more of the several offences, but in the latter case shall not be punished with more severe punishment than the Court which tries him could award for any one of those offences.
(e) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the offences; and if it appears in evidence that he has committed a different
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