22
(3) Payment of such damages shall be a defence to an action for the assault.
67. (1) The Court may, if it thinks fit, order a person con- victed before it to pay all or part of the expenses of his prosecu- tion, or of his imprisonment or other punishment, or of both, the amount being specified in the order.
(2) Where it appears to the Court that the charge is malicious, or frivolous and vexatious, the Court may, if it thinks fit, order the complainant to pay all or part of the expenses of the prosecu- tion, the amount being specified in the order.
(3) In these respective cases the Court may, if it thinks fit, order that the whole or such portion as the Court thinks fit of the expenses so paid be paid over to the complainant or to the accused (as the case may be).
(4) In all cases the reasons of the Court for making any such order shall be recorded in the Minutes.
68. Where any person is sentenced by the Supreme Court to suffer the punishment of death, the Judge shall forthwith send a report of the sentence, with a copy of the Minutes of Proceed- ings and notes of evidence in the case, and with any observations he thinks fit, to the Minister.
The sentence shall not be carried into execution without the direction of the Minister in writing under his hand.
If the Minister does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person con- victed, and the person convicted shall be liable to be so punished accordingly.
69.-(1) The Judge of the Supreme Court may by general order, approved by the Secretary of State, prescribe the manner in which and the prisons in China at which punishments passed by any Court or otherwise awarded under this Order are to be carried into execution. Provided that no such order shall pre- scribe a prison in China not conducted by His Majesty's Govern- ment unless the conditions under which punishments inflicted on British subjects are to be carried into execution in such prison are approved by the Minister.
(2) The warrant of any Court shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named in any prison so prescribed.
70.-(1) Where an offender is sentenced to imprisonment, and the Supreme Court thinks it expedient that the sentence be carried into effect within His Majesty's dominions, and the offender is accordingly, under section 7 of the Foreign Juris diction Act, 1890, sent for imprisonment to a place in His Majesty's dominions, the place shall be either Hong Kong, or a place in some other part of His Majesty's dominions, the Government whereof consents that offenders may be sent thither under this Article.
23
(2) The Supreme Court may, by warrant under the hand of a Judge and the seal of the Court, cause the offender to be sent to Hong Kong, or other such place as aforesaid, in order that the sentence may be there carried into effect accordingly,
(3) 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 the place named, according to the warrant.
71.—(1) A Judge of the Supreme Court may, if he thinks fit, report to the Secretary of State or to the Minister, as the case may be, recommending a mitigation or remission of any punish- ment awarded by any Court, and thereupon the punishment may be mitigated or remitted by the Secretary of State or Minister.
(2) Nothing in this Order shall affect His Majesty's preroga- tive of pardon.
Inquests.
72.-(1) The Court shall have and discharge all the powers and duties appertaining to the Office of Coroner in England, in relation to deaths of British subjects happening in the district of the Court.
(2) The Court may also exercise the said powers in relation to deaths of any persons having. happened at sea on board British ships arriving in the district, and to deaths of British subjects having happened at sea on board foreign ships so arriving.
(3) The jurisdiction of the Court under this Article shall be exercised subject to the following provisions :-
(a) Where & British subject is charged with causing the death, the Court may, without holding an inquest, proceed forthwith with the preliminary examination. (b) Where a British subject is not charged with causing the death, the Court shall, without any jury, hold an inquest, taking the depositions of those who know the facts. If, during or after the inquest, a British subject is so charged, the depositions shall be read over in the presence of the witnesses and of the accused, who shall be entitled to cross-examine each witness, and the procedure shall be as in other cases of preliminary examination. If after the inquest the Court does not see fit to cause any person to be charged, the Court shall certify its opinion of the cause of the death. When the inquest is held by a Provincial Court, the certificate and the depositions shall be sent forth- with to the Supreme Court, and that Court may give any directions which may seem proper in the circum-
"includes the
stances.
(4) In this Article the expression the Court Registrar.
140
No comments yet.
Private notes are available after approval.