Directory_and_Chronicle_1929 — Page 345

H.B.M. SUBJECTS IN CHINA AND COREA

appear to the Court to make it necessary or proper that he should be remanded for a longer time, which circumstances, and the time of re- mand, shall be recorded in the Minutes.

(2) In no case shall a remand be for more than fourteen days at one time, unless in case of illness of the accused or other case of necessity.

42. Where the Supreme Court or a Provincial Court issues a sum- Detention of mons or warrant against any person on complaint of an offence committed ship. on board of, or in relation to, a British ship, then, if it appears to the Court that the interests of public justice so require, the Court may issue a warrant or order for the detention of the ship, and may cause the ship to be detained accordingly, until the charge is heard and deter- mined, and the order of the Court thereon is fully executed, or for such shorter time as the Court thinks fit; and the Court shall have power to make all such orders as appears to it necessary or proper for carrying this provision into effect.

writs of

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43. Every Provincial Court shall execute any writ, order, or warrant Execution of issuing from the Supreme Court, and may take security from any person Supreme named therein for his appearance personally or by attorney, according to Court. the writ, order, or warrant; or may cause such person to be taken in custody or otherwise to the Supreme Court or elsewhere in China or Corea, according to the writ, order, or warrant.

44.-(1) The Court may, in its discretion, admit to bail persons accused of any of the following offences, namely

Any felony.

Riot.

Assault on any officer in the execution of his duty, or on any

person acting in his aid.

Neglect or breach of duty by an officer.

But a person accused of treason or murder shall not be admitted to bail except by the Supreme Court.

(2) In all other cases the Court shall admit the accused to bail unless the Court, having regard to the circumstances, sees good reason to the contrary, which reason shall be recorded in the Minutes.

(3) The Supreme Court may admit a person to bail, although a Provincial Court has not thought fit to do so.

(4) The accused who is to be admitted to bail, either on remand or on or after trial ordered, shall produce such surety or sureties as, in the opinion of the Court, will be sufficient to insure his appearance as and when required, and shall with him or them enter into a recognizance accordingly.

Trial with Jury or Assessors.

or assessors.

45.-(1) Where the offence charged is treason or murder the case Trial with jury must be tried on a charge before the Supreme Court with a jury.

(2) In each of the two following cases, namely:

:-

(i) Where the offence charged is rape, arson, housebreaking, rob-

bery with violence, piracy, forgery, or perjury; or

(ii) Where the offence charged is any other than as aforesaid, but it appears to the Court at any time before the trial, the opinion of the Court being recorded in the Minutes, that the offence charged, if proved, would not be adequately punished by im- prisonment for three months with hard labour, or by a fine of £20, or both such imprisonment and fine-

The offence shall be tried on a charge with a jury or assessors (according to the provisions of this Order applicable to the Court); but may, with the consent of the accused, be tried without assessors or jury.

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