CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 159

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THE HONG KONG GOVERNMENT GAZETTE.

Substitution

26.

(3) If the accused in answer to the questio states that he desires to give evidence on his own behali and to call witnesses, or to call witnesses only, the magistrate shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.

(4) All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing and transmitted together with the depositions of the witnesses for the prosecution as is hereinafter mentioned.

(5) Nothing contained in this section shall prevent the prosecutor in any case from putting in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.'

The following section is hereby substituted for section 79 of

of new section the principal Ordinance :-

for section 79

of the principal Ordinance.

Amendment

"Discharge or committal of accused.

[cf. 11 & 12

Vict. c.42, s.25 and 15 & 16 Geo. 5,

c.86, s.12, 5.3. (8).]

79. (1) If after hearing all the evidence offered on the part of the prosecution and the evidence, if any, of accused and his witnesses and after taking into considera- tion any statement made by the accused, the magistrate is of opinion that there is not sufficient evidence to put the accused upon his trial for any indictable offence, the magistrate shall forthwith order the accused, if in custody, to be discharged as to the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.

(2) If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into con- sideration any statement of the accused, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall, by his warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinbefore mentioned.'

27. Section 81 and sub-section (1) of section 82 of the principal of sections 81 Ordinance are hereby amended by the deletion therefrom of the words

and 82

of the principal

Ordinance.

"the Crown Solicitor for the use of",

197