RULES OF SUPREME COURT IN CHINA
PART II.-CRIMINAL PROCEEDINGS.
Enforcing Appearance.
Form 1.
32.-(1.) A prosecution for an offence shall be commenced by a Complaint complaint made to the Court, or by the issue of process by the Court itself.
(2.) When a complaint is made, the Court shall at once examine the complainant on oath or not on oath as it thinks fit, and the substance of the examination shall be reduced to writing, and be signed by the complainant and also by the Court.
33. (1.) The appearance of a person accused of an offence is Issue of enforced by summons or warrant of arrest issued by the Court.
(2.) The Court before issuing a summons may, and before issuing & warrant of arrest must, require the complaint to be made on oath.
(3.) If the Court sees reason to distrust the truth of a complaint, it may, for reasons recorded in the Minutes, postpone the issue of process, and make such inquiry by itself or any officer of the Court as seems fit for the purpose of ascertaining the truth or falsehood of the complaint.
(4.) After examining the complainant, and considering the result of such inquiry (if any), the Court may, if in its judgment there is no sufficient ground for a prosecution, dismiss the complaint, recording its reasons in the Minutes.
process
34.—(1.) A summons shall be under the hand and seal of the Summons. Court addressed to the accused; it shall shortly set out the nature of Form 2 the offence complained of, and require the accused to appear at a certain time and place before the Court to answer the same, and to be dealt with according to law.
(2.) No objection shall be allowed to any summons for any defect in substance or form, or for any variance therein with the evidence adduced in support thereof, unless the Court considers that the accused has been deceived or misled thereby, in which case it may adjourn the hearing on any terms it shall think fit.
Summons
35.-(1.) Every summons, notice, or other like document shall, Service unless the Court shall otherwise direct, be served by an officer of the Court, who shall deliver a copy to the person to whom it is directed, at the same time showing the original, or, if the person is not conveniently to be found, shall leave a copy at his usual place of abode, or at his place of business, with some person apparently not less than 15 years of age, who undertakes to deliver it to the person to whom it is addressed.
(2.) When the person to whom the document is directed is on board any vessel, such document may be delivered to any person on board who is apparently in charge of the vessel.
(3.) When such person is in prison, the document may be delivered to the Governor, or any one seeming to be head officer.
(4.) When such person is in a hospital or public asylum, the document may be delivered to the gate-keeper or lodge-keeper.
(5.) When such person keeps his house or place of business closed in order to prevent service, it is sufficient to affix the document to the door. (6.) When such person, or another with him, uses violence or threats to prevent service, the document may be left as near to him as practicable.
(7.) Service on a Company may be effected by delivering the document to a clerk or employé at the office of the Company.
(8.) The person who serves any document shall indorse on the orginal the time, date, and manner of service before returning it to the Registrar.
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