Directory_and_Chronicle_1887 — Page 835

IN CHINA AND JAPAN.

91

Any private prosecutor, may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of foreign nationality, to assist in the prosecution; and such barrister or advocate may, with the assent of the prosecutor for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecu- tion shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for the Crown, or of his ¡epresentative, given in open Court.

III. -SUMMARY PROCEEDINGS.

310. The following Rules (under the sub-heading "Summary Pro- Extent of ceedings") apply exclusively to cases where the charge is to be heard and following Rules. determined not on indictment, but in a summary way.

Hearing.

311. Where the accused comes before the Court on summons, or Non-appearance warrant, or otherwise, either originally or on adjournment, then if the of prosecutor, prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person, o: by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further adjourn the heving, with or without imposing any terms.

of adjournment,

312. In case of adjournment the Court may commit the accused in: Custody in case the meantime to prison, or to such other custody as it thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

A notice of each recognizance is at the same time to be given to each person bound thereby.

313. If both parties appear in person, or by counsel or attorney, the Both parties Court shall proceed to hear and finally determine the charge.

appearing,

314. The prosecutor shall be at liberty to conduct the charge, and to conduct of have the witnesses examined and cross-examined by counsel or attorney charge. on his behalf.

315. The accused shall be admitted to make his full answer and defence of defence. to the charge, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.

If he puts any question to a witness, the witness may be re-examined for the prosecution.

316. The room or place in which the Court sits to hear and determine Publicity. the charge is an open and public Court, to which the public generally may have access as far as the room or place can conveniently contain them.

charge by

317. The substance of the charge shall be stated to the accused, and Admission of he shall be asked if he has any cause to show why he should not be accused

convicted.

If he thereupon admits the truth of the charge, and does not show sufficient cause why he should not be convicted, the Court may convict him accordingly.

If he does not admit the truth of the charge, the Court shall proceed Evidence for to hear the prosecutor and such witnesses as he examines, and such other prosecution. evidence as he adduces in support of his charge.

On the termination of the whole evidence in support of the charge if Defence. it appears to the Court that a prima facie case is made out against the accused, he shall be asked by the Court if he wishes to say anything in answer, or has any witnesses to examine or other evidence to adduce in his