CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 28

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

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Contempt.

No trial by jury.

Recora of judgment.

Review of Judgment.

Listress warrant in lieu

of writ of execution Schedule Form No.8.

otherwise, snall

(2)

(a) refuse to be sworn or having been sworn snali

without just excuse refuse to answer such questions as may be put to nim;

or

(b) in une opinion of the court, wiliully gives

false testimony, the court may summarily sentence nim to be imprisoned, as ior a contempt of court, for any term not exceeding two months or to a rinẹ not exceeding one nunared dollars: proviued that the court shall in any such case of. giving raise testimony before passing sentence clearly inform the witness of the statement which appears to the court to constitute the false testimony and snali give the witness an opportunity 01 snowing cause why sentence should not be passed.

In every case under this section the couru snail

· recoru on the proceeulis in the Cause une facts

constituting the orence, the statement, ii anỹ, made by the oflender, and the findings and sentence.

(3)

In every case under this section the court lay, in its discretion, reconsider its decision ana uischarge the offender or remit the punishment or any part thereof.

19. II ally

erson benave in an insulting manuer or uses any treatening or insulting expression to or concerning any court or is otherwise gulity of any contem; t before any court, the court may summarily sentence nim to ve imprisoned for any term not exceeding two months or to a fine not exceeding one nundred dollars and thereupon the provisions of sub-sections () and (b) or the preceaing section small apply in all respects as in the same formed part of this present section.

20.

No cause shall be tried by jury.

21. Except by the direction of the court, no formal judgment or order recording the finuing of the court, whether by way of final juagment or order or in any interlocutory matter, snall be prepared or filed with the court, but such finding snail be noted by the court on the record in such terms as the court may think it.

22. It shall be lawul for the court, on such grounds as it may thina sullicient, to review any judgment or decision given by it, within one month from the date tuereol (except where eitner party nad obtained leave to appeal and the parties do not agree to the withdrawal of the appeal), and on ṣuen review to re-open anu re-try the case, wholly or in part, and to take fresh eviuence, and to reverse, vary, or confirm the previous judgment or decision.

23. (1) No writ of execution shall be issuable for the

enforcement of any judgment or order but the same small in the first instance be eorcea by a aistress warrant according to Form No.8 in the Seneaule, mutatis mutanais.

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