Directory_and_Chronicle_1914 — Page 415

RULES OF SUPREME COURT IN CHINA

must always appear before the statement of the accused. If the accused declines to make any statement the fact of his doing so must be recorded in the same way.

418

46. After hearing the statement of the accused (if any), the Court Depositions of shall inquire if he desires to call any witnesses, and if he does their witnesses for depositions must be taken in the same way as prescribed for witnesses for the prosecution, and if the accused himself is called as a witness the provisions of the Criminal Evidence Act, 1898, shall be observed.

Form 30.

47. If the Court is of opinion on the evidence that the accused Committal of should be put upon his trial, the Court will proceed to commit the the accused. accused by warrant to prison to await his trial, or may admit him to Form 31. bail in the manner described in the Principal Order.

witnesses

48.-(1) After the accused has been committed for trial the Court Prosecutor and shall, if it has not been done at the conclusion of each deposition, bind bound over to by recognizance the complainant and every witness to appear at the Court prosecute, &c. at which the trial is to take place, to prosecute, or to prosecute and give Form 32. evidence, or to give evidence, as the case may be, for the prosecution or defence; and after the recognizance has been duly acknowledged by the person entering into it, it must be signed by the Court, and a notice of Form 33. it, also signed by the Court, must be given at the same time to the person bound by it.

and 36.

(2) If any witness or the prosecutor refuses to be bound over, the Form 35 Court may by warrant commit him to prison until the trial, unless in the meantime he shall consent to be bound over, or unless in the meantime the Court shall decide not to commit the accused for trial.

depositions,

49. The several recognizances so taken, together with the written Forwarding of information (if any), the depositions, the statement of the accused, and recognizances, the recognizance of bail of the accused (if any), are to be at once for- &c. warded to the Registrar or other proper officer of the Court of trial, and as soon as the day of trial is fixed that Court shall give notice thereof to the Court of examination; the latter Court will then take such steps as may be necessary to insure the attendance of all parties concerned.

entitled to

50. A person who has been committed for trial shall be entitled to Accused receive on application, and on prepayment at the rate of sixpence per folio, copy of the or, if the Court thinks fit, without payment, copies of the depositions on depositions. which he has been committed. The Court, at the time of committing him for trial, shall inform him of this provision.

evidence.

51. When new evidence is obtained against an accused person after Subsequent the completion of the depositions, the prosecutor should give notice to the accused or his solicitor of the names of the witnesses and the sub- stance of their proof, but the Court by whom the preliminary examination was held has no power to administer an oath or take an examination after the accused has been committed.

of trial.

52. On receiving notice of the day appointed for the trial, the Court Accused to be shall do all that is necessary to insure the attendance of the prosecutor sent to Court and his witnesses and the accused and his witnesses (when they have been bound over) at the Court of trial on that day. When the accused is in custody, he must be sent in custody to the Court of trial, and there handed over to the keeper of the prison (if any) or to the Consular officer, who will give a receipt for him.

Form 37.

Trial.

an open

53. At every trial of a criminal offence, the Court shall be deemed Court of trial an open Court, and shall be held in a room or place to which the public Court. generally may have access so far as it will conveniently contain them.