CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 17

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

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(b) direct that the case be tried de novo

befor

before such court of competent jurisdiction

and on such charges as he may think fit; or

(c) direct that committal proceedings shall

be held by such court as the Deputy Director

may indicate.

Article 16

Committal for trial. Where any person is charged

before any Summary Kilitary Court with any of the

offences specified in the Shhedule to this

Proclamation such court shall forthwith and without

taking evidence commit the accused for trial before

a General Military Court unless the Deputy Director

shall have directed either that the offence be

tried summarily or that committal.proceedings be

held.

Article 17

Conviction for offence other than that charged.

If, on the trial for any offence, the court

is satisfied that the accused person is guilty of

any other offence but is not satisfied that he is

guilty of the offence charged, then, provided that

no substantial miscarriage of justice thereby

ensues the court may acquit the accused person of

the offence charged and find him guilty of and

punish him for such other offence; provided that

nothing in this Article shall enlarge the juris-

diction of the court.

Article 18

Punishment for contempt.

(1) If any person served with a summons to

attend the court as a witness refuses or neglects

to attend or if any person is guilty of any contempt before the court, the court may punish such person

in a summary way by fine not exceeding $100 or by

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