CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 45

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

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Distribution of business.

Of-Icers of the, Court.

Decisions of the Courts.

Keview of Sentences.

(2) All proceedings in the courts shall be in open court: proviueŭ Tíat the court way cause ine place where it sits to be cleared and may sit in camera iï such course is deemed necessary in the interests of justice or of military security.

14. (1) The President of une higner Court shall regulate

the distribution of business in that Court.

(2) The senior member of each of the Urban District Courts suall regulate the aistribution of business for the District wherein such court is situated.

15. The Chief Civil Affairs Officer, or any Officer authorised by him in that benall, may appoint it and proper persons to be officers of the courts.

16. (1) The decision of a Higher Court shall be in accordance

with the opinion of the majority of the members composing tue Court and suca decision of the majority shall be recorded as the decision of the Court: providea tuat sentence of death shall not be passed on the decision oi a majority unless that majority includes the person presiding in the Court.

17.

(2) when an Urban District Court consisting of two

members shall be unable to arrive at a unanimous decision the fact suall

De notea on the record of proceedings and the case shall be adjourned, and the Court shall forthwith transmit the record to one Culti Legul Adviser who may

(a) return the record to sucu Urban District Court with a direction to record all acquittul; or

(b) transmit the record to the Higher Court with a direction that the person accused be brought for trial before that Court.

Every decision of the Chief Legal Adviser under this sub-section shall be noted by him on Une record of proceedings.

(1) ́ No appeal shall lie from a judgment, sentence or

order of a court, but any person aggrieved by any such judgment, sentence or order made against nim may within fourteen days from the date thereol apply by petition for review. The petition shall be in writing and addressed to une trial court, mica silull without delay forwarä it, together with a record of the proceeains», to the Chief Legal Adviser for transmission to the Chief Civil Alfairs Ollicer.

(2) In cases in which sentence of death has been passed

the Chief Civil Affairs Officer shall forward the petition and record of the proceçûliss to the General Officer, mons ons.

Commanding

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