CO129-531-1 Magistrates Amendement Ordinance- 1931 2-10-1931 - 4-12-1931 — Page 8

82746/19/31.

HONG KONG.

7

'c. o.

Mr.

Delahunt.

21.12.31.

• Bickle 22/12 JC. (Howard. 22/12

Mr.

m

Calder 22.12

Mr. Tomlinson.

Sir C. Bottomley.

Sir J. Shuckburgh.

Sir G. Grindle.

Permt. US. of S.

Parly. US. of S.

Secretary of State.

CONSON.

DRAFT,

HONG KONG.

No. 34

GOV.

347

Anod.

(")

Sir,

1029"

Downing Street,

30 December, 1931.

I have &c. to acknowledge

the receipt of your despatch No. 425

of the 6th of October, and to inform

you that His Majesty will not be

advised to exercise His power of

disallowance in respect of Ordinance

No. 21 of 1931 of the Legislature

of Hong Kong entitled "An Ordinance

to amend the Magistrates Ordinance,

1890".

2. I have assumed that it was

not intended that this Ordinance

should bring the law with regard to

the evidence and statement at a

preliminary

Pag

Pag

8

preliminary investigation of an accused

person into line with Section 12

of the Criminal Justice Act, 1925 (15 16

Geo. 5, ch. 86).

つ

3. Section 12 (2) of the Criminal

Justice Act provides for the notification

of the right of an accused person with

regard to the calling of witnesses and the

giving of evidence on his own behalf.

This notification is immediately

followed by the words which appear in

inverted commas in Section 73 (1) of the

Magistrates Ordinance, 1890.

3

Section 12 (5) of the Criminal

Justice Act provides that immediately

after complying with the requirements

of this Section relating to the statement

of the accused, and whether the accused

has or has not made a statement, the

examining Justices shall ask the accused

whether he desires to give evidence on his own

behalf, and whether he desires to call

witnesses; thus, by English law, the statement

of

ge 9

ge 9

of an accused person precedes his

giving of evidence. According to

Hong Kong Ordmance

the Magistrates Ordinance, 1890

9

as amended by the Ordinance of

mended,

1931, the evidence of an accused

person is given before he is allowed

to make a statement.

Moreover,

the right of making a statement

is only granted if no evidence is

given.

I have &c.,

(Sgd.) P. CUNLIFFE-LISTER.Page 11