CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 60

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

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63. Subject to Rules of Court made under this Order, the Court may, out of any moneys in its hands arising from fees of Court or other fees, or moneys received under this Order, order payment of allowances in respect of their reasonable expenses to any complainant or witnesses attending before the Court, on the trial of any criminal case with a jury or assessors (including the preliminary examination of the accused antecedent thereto), and also fees and costs to legal practitioners and allowances to jurors, assessors, interpreters, medical practitioners, and other persons in respect of services rendered in criminal cases.

Subject as aforesaid, where on the conclusion of a preliminary examination the accused is discharged, the Court may, for special reasons to be recorded in the Minutes, order payment of the like allowances as are above mentioned to any complainant or witnesses attending before the Court at the preliminary examina- tion.

64. (1) The Supreme Court may, by general order approved by the Secretary of State, prescribe the manner in which and the prisons in Egypt at which punishments passed by any Court or otherwise awarded under this Order are to be carried into execution.

(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.

Imprisonment in His Majesty's dominions.

65.—(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 Jurisdic- tion Act, 1890, sent for imprisonment to a place in His Majesty's dominions, the place shall be either Malta, Gibraltar, Cyprus or Bombay, or a place in some other part of His Majesty's dominions out of the United Kingdom, the Government whereof consents that offenders may be sent thither under this Article.

(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 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.

66.—(1) The Supreme Court shall, when required by the Secretary of State, or may in any other case, send to him a report of the sentence of the Court with a copy of the Minutes and notes of evidence, and with any observations which the Court thinks fit to make.

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(2) Every Provincial Court shall, in accordance with Rules to be made under this Order, send to the Supreme Court a report of the sentence of the Court in every case tried by the Court with assessors, with such Minutes, notes of evidence, and other docu- ments as such Rules may direct, and with any observations which the Court thinks fit to make.

67.--(1) The Secretary of State may, either on the report of the Supreme Court recommending such action, or upon the recommendation of the High Commissioner, or upon such medical evidence or other grounds as he may think necessary, mitigate or remit any punishment awarded by any Court.

(2) Nothing in this Order shall affect His Majesty's prerogative of pardon.

Inquests.

68.-(1) The Court shall have and discharge within the district. of the Court all the powers and duties appertaining in England to the office of Coroner in relation to the deaths of British subjects.

(2) The jurisdiction of the Court under this Article shall be exercised subject to the following provisions:

(a) Where a 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.

(c) 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.

(d) If after the inquest, the Court does not see fit to cause any person to be charged, or if, at the conclusion of the preliminary examination, the accused is dis- charged, the Court shall certify its opinion of the cause of the death.

(e) When the inquest is held by a Provincial or Local 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- stances, and may quash the proceedings or findings. and make any orders necessary in consequence thereof.

(3) The Registrar of the Supreme Court may, subject to any general or special directions of the Supreme Court, exercise the powers of a Provincial Court under this Article.

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