TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Refers to Criminal procedure Act Cap. 20 Seo. 20.

pleaded not guilty.

Refers to Archbold para 461.

Accused has

Refers to Kenny on Criminal Law 17th Ed. para 736. para 103

10 Hals 3rd Ed. para. 741 Page 408

Russell on Crime 12th Ed. Vol. page 465 Indictment Act Cap 33

5

There is no application by Counsel for Accused for anything. He is late in any case becaumaccused has put himself upon the Court for trini.

The Common law came here in the breast of the settlers.

Court

Mr. Foster: Asked that the indictment be quashed.

d

Application to quash is refused.

I hold that the common law of England is part of the law of Tortola

being a settled colony.

10

Cap 14 is a declaration of what existed before. True, there is no statu-

tory. ́ ́· · defenition of murder in Tortola, but neither is there in England. I agree it may be very expedient for the legislation have to make

the necessary amendment to the la by inserting a defenition, but I

do not agree that the failure to do vitiate these proceedings.

The application is refused.

Accused informed of right of challenge

Jury empaneled -

15

20

THIS IS A COPY

THE ORIGINAL HAS BYUN CLOSED

UNTIL

UNDER FOI ES

EXEMPTION No. 38 AND HO(2)

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