CO129-592-14 Future policy and draft proclamations- offences against the Members of the Forces 1-8-1945 - 31-8-1945 — Page 21

21

Punishment for attempt.

Conviction

a attempt on Charge of full Dilence.

8.

(2)

In every such case the court shall transmit to the Cuier Legal Adviser all the documents in the case, including the documentary exhibits thereto, together with a report on the case.

(3)

·

Upon receipt of suca documents the Chief Legal Adviser may -

(4)

(a) refer back such documents to the transmitting

court with directions to re-open the inquiry for the purpose of taking evidence on a certain point or polis to be specified and with such other directions as ne may Tuink proper'; or

(b)

(c)

ii the Chier Legal Adviser is o une opinion that the accused person should have been ûealt with by the transmitting court on the original charge or on any other charge within the jurisdiction of that court, the Chiei Legal Aaviser may refer back such documents to the transmitting court with directions to deal with. the case accordingly and with such other directions as he may think proper; or

the Chief Legal Adviser may institute in such court as he may think proper sucă proceedings against the accused person a. to him may seem legal anu proper.

On any referring back as aforesaid the court may by an order in writing direct the person naving custody of the accused person to convey the accused person to the place where the proceedings of the court are to be nelä..

Whenever any person shall be convicted of any attempt to colimit any of the ofiences made punishable by this Proclamation, tuen and in every sucn case such person sitall be punishable in the same manner as if ne naŭ been convicted on a charge for the lull offence: provided always tuat the punishment of death shall not in any case be imposed on conviction of any attempt.

•

Ir on the trial for any oilence made punishable by this Proclamation, the court is satisfied that the accusea person is guilty of an attempt to commit the offence charged, but is not satisfied that he is guilty of the full offence so cuurged, then anú in every such case the court may acquit the accused person of such full offence and find nim guilty of an attempt to commit the same and tuereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon a charge of attempting to commit such offence.

Signed at

this day of

in the Colony of Hong Kong

?

194 .