CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 56

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

Charge under Proclamation must be preferred.

False evidence etc. in judicial proceeding.

Offences against Proclamations seizable.

Transfer of authorities.

Procedure.

Existing Japanese tribunals abolished.

-7.

member of the Court sitting in any stage of a judicial proceeding or who misbehaves himself in Court, and at any time before rising on the sare day the Court may take cognizance of the offence and punish the off onder with rigorous or simple imprisonment for a tem not exceeding one month or with fine not exceeding one hundred dollars.

(2) In every such case the Court shall record the facts constituting the offence, the statement, if any, made by the offender, and the finding and sentence.

(3) In the alternative the Court ray direct that the offender be tried before a District Court, and for that purpose may order that he be taken into custody, or that he furnish such security for his appearance before a District Court as is reasonable.

(4) ..Court dealing with an offender under this section may, in its discretion, discharge the offender or remit the punishment or any part thereof on his making an apology to the satisfaction of the Court.

18. Any person who appears to have cormitted an offence against a Froclamation shall, if the case is proceeded with, be charged and tried under the provisions of the Proclamation notwithstanding that the same facts disclose that an offence has also been committed against a written law or against the laws and usages of war. This shall be without prejudice to any separate, alternative or joint charge which may also be preferred against the same person for an offence against such written law or against the laws and usagés of war, but so that no person shall be punished twice for the same offence.

19. any proceeding before the Superior Court or a District Court shall be deemed to be a judicial procecding within the meaning of the laws set out in the Second Schedule hereto.

20.

Unless otherwise stated by Froclamation an offence against a Proclamation shall be a seizable offence.

21.

Where it is necessary to give effect to any written law in which any term mentioned in the first column of the Third Schedule hereto appears, such written law shall be read as if the term correspondingly mentioned in the second column of the said Schedule were substituted therefor.

22.

The Chief Civil Affairs Officer may from time to time mako, alter, amend or revoke Rules of Procedure which shall govern proceedings and inquiries in Courts.

23.

(1) Every tribunal established in the Malay Peninsula by or under the authority of the Japanese Military Authorities is hereby abolished.

(2) All proceedings pending in any such tribunal shall forthwith be stayed and any person accused before any such tribunal is hereby discharged of and from the charge or charges preferred against him, such discharge not amounting to an acquittal.

(3) No sentence of death imposed by any such tribunal shall be executed unless such sentence has first been confirmed by the General Officer Commanding, Military Forces, Malaya. Alternatively, the General Officer Commanding instead of confirming such sentence may quash the conviction

56.

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