189388-1932-Ordinances-passed-and-assented-to--Summary-Offences-No-40-of-1932-Magistrates-No-41-of-1932-Registration-of-United-Kingdom-Patents--No-42-of-1932-Protection-of-Women-and-Girls-Amendment-No-43-of-1932 — Page 48

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THE HONG KONG GOVERNMENT TE, DECEMBER 9, 1932.

1.

(3) Where a person is charged with an indictable mis- demeanor other than those mentioned in sub-section (2), he shall be entitled to be admitted to bail in the manner mentioned in the said sub-section.

(4) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful. for an inspector of police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the court without leave.

(5) In every case where a person charged with any bail- able indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the first day of the criminal session at which he is to be tried or before the day to which such session is adjourned, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that for any of the offences mentioned in sub- section (2) the accused ought to be admitted to bail, such magistrate shall, in such case and in every other case of a misdemeanor committed for trial before the court, certify on First the warrant of commitment his consent to the accused being Form bailed, stating also the amount of bail which ought to be No. 80. required and whether with a surety or sureties; and it shall be lawful for a magistrate or for the magistrates' clerk, or for a justice of the peace attending at or visiting the prison where the accused is in custody, on production of such certificate, to admit the accused to bail in manner aforesaid.

(6) In every case where the accused in custody is admitted to bail by a magistrate other than the committing magistrate or by a justice of the peace as aforesaid, such magistrate or justice of the peace shall forthwith transmit the recognizance of bail to the committing magistrate to be transmitted with the depositions.

(7) Where two magistrates sit together either of them may exercise the powers hereinbefore mentioned.

Schedule.

deliverance

98.-(1) In every case where a magistrate admits to bail Warrant of any person who is then in prison charged with the offence for where which he is so admitted to bail, the magistrate shall send to or accused is in prison when cause to be lodged with the Superintendent of Prisons a war- bail granted. rant of deliverance, under his hand and seal, requiring the 11 & 12 Vict. said Superintendent to discharge the person so admitted to bail,

c. 42, s. 24. First if he is detained for no other offence, and, on such warrant of Schedule. deliverance being delivered to or lodged with the said Super- Form intendent, he shall forthwith obey the same.

(2) Where, however, the bail of the person in prison is taken by the magistrates' clerk or a justice of the peace in pursuance of section 97 (5), a written certificate, signed by such magistrates' clerk or justice, that the bail has been duly given shall be a good authority to the said Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.

No. 81.

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