CO129-501-6 Sweepstakes and Lotteries 3-1-1927 - 3-1-1927 — Page 40

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

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to chief officers of police and to such other persons as he may think right. and such advice may, at the discretion of the Director, be given verbally or in writing.

(4) Where it is brought to the notice of the Director of Public Prosecutions that a case has been reserved for the opinion of the High Court of Justice under the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter seventy-eight, intituled An Act for the further amendment of the Administration of the Criminal Law, and that counsel has not been instructed for the prosecution, he shall, if he thinks the case of sufficient importance, or is so directed by the Attorney-General, instruct counsel to appear for the prosecution.

(5) The Director of Public Prosecutions may assist prosecutors by authorising them to incur special costs for the purpose of—

(a) The preparation of scientific evidence;

(b) The remuneration of scientific witnesses;

(c) The payment of extra fees to counsel;

(d) The preparation of plans or models.

And for any special purpose which the Attorney-General may sanction. The Director of Public Prosecutions may also sanction the payment of any special costs incurred for any of the said purposes in any criminal proceeding, if he is satisfied that the incurring of costs for that purpose was requisito for the proper conduct of the proceeding, and that some emergency or other good reason rendered it necessary to incur such costs without his previous authority. (6) It shall be the duty of the Director of Public Prosecutions to cause the chief officer of every police district within the meaning of the Prosecution of Offences Act, 1884, to send to such director the information which such chief officer is for the time being required by the regulations under the Prosecution of Offences Acts, 1879 and 1884, to give.

(7) Where the Director of Public Prosecutions institutes, or undertakes, or carries on any criminal proceeding, it shall be his duty to give the notice required under section 5 of the Prosecution of Offences Act, 1879, for obtaining the documents and things which justices of the peace or coroners are required and the Director of Public by that section to transmit to the director ; Prosecutions shall cause every such document and thing to be delivered or sent by post in a registered letter to the proper officer of the Court in which the trial is to be had a reasonable time before such trial.

(8) Where it is brought to the knowledge of the Director of Public Prosecutions that a prosecution for an offence instituted before any justice or police court is withdrawn or is not proceeded with within a reasonable time, it shall be his duty, if he thinks that it is or may be necessary for him to institute, undertake, or carry on such prosecution, to obtain from the clerk to such justice or police court the documents and things which such clerk is, by the Prosecution of Offences Acts, 1879 and 1884, or may from time to time under any regulations in force thereunder be required to transmit.

(9) The Director of Public Prosecutions may employ any solicitor to act as his agent in the conduct of a prosecution, and, after examination of the costs and charges of such agent, shall certify the amount which he finds to be reasonable and proper to be paid.

(10) The action of the Director of Public Prosecutions shall in all matters, including the selection and instruction of counsel, be subject to the directions of the Attorney-General.

25th January, 1886.

RICHARD E. WEBSTER.

HERSCHELL, C.

HUGH C. E. CHILDERS,

One of Her Majesty's Principal Secretaries of State.

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Regulations under the Prosecution of Offences Acts, 1879 and 1884, respecting Justices, Coroners, Clerks to Justices, and Chief Officers of Police.

(1) The chief officer of every police district within the meaning of the Prose- cution of Offences Act, 1884, shall give to the Director of Public Prosecutions information-

(a) With respect to every offence punishable by death; and

(b) In the following cases with respect to an indictable offence not punish-

able by death; that is to say:

(i) if the offence appears to the chief officer of police to be of such importance or difficulty that the assistance of the Director of Public Prosecutions is desirable; or

(ii) if the prosecution of the offence is abandoned or withdrawn or is

otherwise not properly followed up; or

(iii) if otherwise it appears to the chief officer of police that the offence is one in respect of which it is the duty of the Director under these regulations to institute, undertake, or carry on a prosecution; and

(iv) if the information is required by a written requisition from the

Director of Public Prosecutions.

(2) The information which the chief officer of a police district is to give in pursuance of the foregoing regulation to the Director of Public Prosecutions shall, in the case of an offence punishable by death, be information—

(a) of the fact of the commission of the offence;

(b) of the arrest of any person in respect of the offence;

(c) of all proceedings taken before a coroner or a justice, or by the Police with reference to the offence or to the prosecution of the alleged offender; and

(d) of any circumstances in connection with the offence or the prosecution thereof which the director by notice in writing from time to time requires ;

and such information shall be given as soon as practicable after the commission, arrest, or proceeding of which information is to be given happens or is taken, or in the case of a requisition by the Director within the time named in the requisition.

(3) The information which the chief officer of a police district is to give in pursuance of the foregoing regulation to the Director of Public Prosecutions shall, in the case of an indictable offence not punishable by death, be information—

(a) of the nature of the offence, and the arrest of any person charged there- with, and of the proceedings taken with reference to the offence or to the prosecution of the alleged offender; and

(b) of all circumstances which lead the chief officer to think that the case is one which requires the aid of the Director of Public Prosecutions, or which it is the duty of such Director to prosecute; and

(c) of any circumstances in connection with the offence or the prosecution

thereof which are specified in a written requisition from the director

;

and such information shall be given (whether before or after the committal of a person on a charge for the offence) as soon as it appears to the chief officer of a police district that it is desirable that the Director of Public Prosecutions should intervene, or at any earlier date at which the information is required by a written requisition from such Director to be given.

(4) The information given by the chief officer of a police district shall be given in the form from time to time prescribed by one of Her Majesty's Principal Secretaries of State and the Attorney-General.

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