Directory_and_Chronicle_1940 — Page 98

72

Detention of..

ship.

Execution of

writs of

Supreme Court.

Trial with jury

or assessors.

ORDERS IN COUNCIL

appear to the Court to make it necessary or proper that he should b 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 a one time, unless in case of illness of the accused or other case o necessity.

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42. Where the Supreme Court or a Provincial Court issues a sum mons or warrant against any person on complaint of an offence committe on board of, or in relation to, a British ship, then, if it appears to th Court that the interests of public justice so require, the Court may issu a warrant or order for the detention of the ship, and may cause th 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 sucļ shorter time as the Court thinks fit; and the Court shall have power make all such orders as appears to it necessary or proper for carryin this provision into effect.

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

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

Any felony

Riot.

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

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 bail except by the Supreme Court.

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

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

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

Trial with Jury or Assessors.

45.-(1) Where the offence charged is treason or murder the ca 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, ro

hery with violence, piracy, forgery, or perjury; or (ii) Where the offence charged is any other than as aforesaid,

it appears to the Court at any time before the trial, the opini of the Court being recorded in the Minutes, that the offer charged, if proved, would not be adequately punished by prisonment for three months with hard labour, or by a fine £20, or both such imprisonment and fine-

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