Directory_and_Chronicle_1907 — Page 382

H.B.M. SUBJECTS IN SIAM

Local Jurisdiction in Criminal Matters.

309

27-30. Same as Sections 36-39 in the Order in Council for China and Corea.

Apprehension and Custody of Accused Persons.

31-35. Same as Sections 40-44 in the Order in Council for China and Corea.

Trial with Jury or Assessors.

36.-(1.) Where the offence charged is treason or murder, the case must be tried with a jury before the Court for Siam.

The remaining provisions are identical with Sections 45-47 in the Order in Council for China and Corea.]

Summary Trial.

39.-When the complaint discloses an offence which is not required to be heard on a charge, and the Court does not think fit to direct it to be heard on a charge, the accused may be tried summarily on the complaint: Provided that no greater punish- ment shall be imposed than imprisonment for three months, or a fine of £20, or both.

Preliminary Examination.

40.-(1.) Where the accused is before the Court, and it appears to the Court that the complaint discloses an offence-

(a.) Which ought to be tried in or reported to another Court; or

(b.) Which ought to be tried before the same Court with a jury or assessors; the Court shall proceed to make a preliminary examination in the prescribed manner. (2) Where the case is to be tried in or reported to another Court the Court shall, on the conclusion of the preliminary examination, bind by recognizance the prosecutor and every witness to appear at the trial to prosecute, or to prosecute and give evidence or to give evidence (as the case may be), and shall forthwith send the depositions, with a minute of other evidence (if any) and a report, to the Court before which the trial is to take place.

41.-(1.) Where the person is charged with the commission of an offence the cognizance whereof appertains to the Court, and it is expedient that the offence be inquired of, tried, determined, and punished within His Majesty's dominions elsewhere than in England, the accused may (under the Foreign Jurisdiction Act 1890, Section 6) be sent for trial to Singapore.

(2.) The Court for Siam may, where it appears so expedient, by warrant under the hand of a Judge and the seal of the Court, cause the accused to be sent for trial to Singapore accordingly.

(3.) The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Singapore according to the warrant.

(4.) Where any person is to be so sent to Singapore, the Court before which he is charged shall take the preliminary examination, and shall bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.

42.-Same as Section 51 in the Order in Council for China and Corea.

Charges.

43.-(1.) Every accused person, unless tried summarily, shall be tried upon a charge, which shall state the offence charged, with such particulars as to the time and place of the alleged offence, and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

[The other provisions under this heading are the same as are contained in the Order in Council for China and Corea, Sections 53—58.]

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