Directory_and_Chronicle_1931 — Page 334

Directories & Chronicles 香港指南 All

:282

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

5.-If any person subject to the jurisdiction of the Court does any act in relation to proceedings in a Chinese Court, or before a Chinese judicial officer, or in a Court or before a judicial officer in China of any State in amity with His Majesty, which, if done in the course of or in relation to any proceedings in the Court, would have been punishable as an offence, such person shall be guilty of an offence, and shall be liable, on conviction, to such punishment as he would have been liable to if the offence had been committed in the course of, or in relation to, proceedings in the Court.

6. When a British subject is accused of an offence, the cognizance whereof appertains to any Court established under the Principal Order, and it is expedient that the offence be enquired of, tried, determined, and punished in a British possession, the accused may (under "The Foreign Jurisdiction Act, 1890," section 6) be sent for trial to Laliore, and the Chief Court of the Punjab shall be the authorized Court for the purposes of that enactment.

The Court may, where it appears to be 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 Lahore accordingly.

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 Lahore, according to the Warrant.

When any person is to be so sent to Lahore, the Court before which he is accused shall take the preliminary examination, and, if it seems necessary and proper, shall bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence at the trial.

Nothing in this Article shall affect the operation of Article 50 of the Principal

Order.

APPEALS IN CRIMINAL CASES

7.-Any person who is convicted of an offence on a trial under Article 45 of the Principal Order, or who is sentenced on a conviction for an offence under Article 48 of the Principal Order, to be imprisoned without the option of a fine, may appeal to the Full Court-

(i.) Against his conviction-

(a) On any ground of appeal which involves a question of law alone; or

With the leave of the Full Court, or upon the certificate of the Court which tried him that it is a fit case for appeal, against his conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact; or

(c) With the leave of the Full Court on any other ground which appears to

the Full Court to be a sufficient ground of appeal.

(ii.) With the leave of the Full Court, against the sentence passed on his con- viction, unless the sentence is one fixed by law.

8. After the hearing and determination at a summary trial under Article 48 of the Principal Order of any information or complaint, either party to such summary trial may, if dissatisfied with the said determination as being erroneous in point of law, appeal to the Full Court.

9.-(1) When a person desires to appeal to the Full Court under Articles 7 or 8 he shall give notice of his appeal, or of his application for leave to appeal, to the Court against whose judgment or sentence he desires to appeal, in such manner as may be prescribed, within seven days of the date of his conviction or of the deter- mination of an information or complaint.

(2) An appellant may, in such manner as may be prescribed, present his case and his argument in writing, and deliver the same to the Registrar of the Court be- fore which the trial took place. The respondent may in like manner present his

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.