CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 94

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

15.

Ordinance.

(1)

(=)

(F)

-77-

97

after the expiration of seven clear day s

from the date of the conviction unless

the review had actually been commenced

in the presence of the prisoner before

the end of the seven days.

Sub-section (6) of the new section pro-

-vides that for the purposes of the re-

-view the magistrate shall have all the

powers that he would have if the matter

were being brought before him as an

criginal complaint, including powers for

securing the attendance of the parties and

witnesses

Sub-section (8) of the new section makes

it clear that a review by the magistrate

is not a bar to a subsequent appeal.

Sub-section (2) of the old section 96 is

cmitted because the subject matter is

covered by section 12 to 14 of the Cri-

-minal Procedure Ordinance, 1899, Ordi-

-rance No. 9 of 1899.

Section 14 amends section 99 of the principal

The chief amendment is to provide that a person

who has obtained a case stated shall serve a copy of the

case on the Crown Solicitor as well as on the opposite party.

A case occurred recently in which the legal advisers of

the Government did not know of the appeal until the time for

amendment of the case stated had elapsed. The other amend-

-nents are purely technical. One deletes the word " par-

-ties" because the singular word "party" includes the

plural, by virtue of section 36 of the Interpretation Ordi-

-nance, 1911, Ordinance No.31 of 1911. The singular word

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