Directory_and_Chronicle_1913 — Page 368

H.B.M. SUBJECTS IN CHINA AND COREA

In the Supreme Court, when the accused does not so consent, the charge shall be tried with a jury, unless the Court is of opinion that a jury cannot be obtained.

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(3) The Supreme Court may, for any special reason, direct that any case shall be tried with assessors or a jury, and a Provincial Court may, for any special reason, direct that any case shall be tried with assessors. In each such case the special reason shall be recorded in the Minutes.

46.—(1) Where an accused person is ordered to be tried before a Speedy trial Court with a jury or with assessors, he shall be tried as soon after the making of the order as circumstances reasonably admit.

(2) As long notice of the time of trial as circumstances reasonably admit shall be given to him in writing, under the seal of the Court, which notice, and the time thereof, shall be recorded in the Minutes.

sentences.

47.—(1) The Supreme Court shall, when required by the Secretary Report o of State, send to him a report of the sentence of the Court in any case tried before that Court with a jury or assessors, with a copy of the Minutes and notes of evidence, and with any observations which the Court thinks fit to make.

(2) Every Provincial Court shall, in accordance with Rules of Court, send to the Supreme Court a report of the sentence of the Court in every case tried by the Court with assessors, with such Minutes, notes of evidence, and other documents as such Rules may direct, and with any observations which the Court thinks fit to make.

Summary Trial.

trial.

48.-Where the complaint discloses an offence which is not required Summary or directed to be heard on a charge, the accused may be tried summarily on the complaint: Provided that where an offence is tried summarily no greater punishment shall be awarded than imprisonment for threa months or a fine of £20, or both.

Preliminary Examination.

49.-(1) Where the accused is before the Court, and it appears to Preliminary 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 proceel to make a preliminary examination in the prescribed manner.

(2) On the conclusion of the preliminary examination, the Court shall 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 if the case is to be tried in or reported to another Court, 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.

Examination.

Majesty's

50. Where a British subject is accused of an offence the cognizance Trial before whereof appertains to any Court established under this Order, and it is Court in His expedient that the offence be inquired of, tried, determined, and punished dominions. in a British possession, the accused may (under the Foreign Jurisdiction Act, 1890, Section 6) be sent for trial to Hongkong or to Burma; and the Supreme Court of Hongkong and the Sessions Court at Mandalay shall respectively be the authorized Courts for the purposes of that enactment.

The Court 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 Hongkong or to Mandalay accordingly.

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