197312-1933-Rules-made-by-the-Chief-Justice-under-section-10-of-the-Criminal-Procedure-Ordinance-1899 — Page 12

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Registrar

THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.

to furnish Examiner with

(d) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested Exhibits, &c

so to do. Such documents and exhibits and other material necessary for examination. shall after the examination has been concluded be returned by the Examiner together with any depositions taken by him under this Rule to the Registrar.

Notification of date of

(e) When the Examiner has appointed the day and time examination. for the examination he shall request the Registrar to notify the Crown Solicitor and the Appellant or his legal representatives, if any, and when the Appellant is in prison, the Superintendent of Prisons, thereof. The Registrar shall cause to be served on every witness to be so examined a notice in the form (XXVII) in the schedule hereto.

Evidence to be given on oath.

Deposition of witness, how to be taken.

Service of Notices and

Bule.

(f) Every witness examined before an Examiner under this Rule shall give his evidence upon oath to be administered by such Examiner, except where any such witness if giving evidence as a witness on a trial on indictment need not be

sworn.

(g) The examination of every such witness shall be taken in the form of a deposition in the same manner as is prescribed by Section 75 of the Magistrate's Ordinance, 1932, and unless otherwise ordered shall be taken in private. The caption in the form (XXIV) in the schedule hereto shall be attached to any such deposition.

(h) Any order or notice required by this Rule to be given Orders under 10 any witness may be served as an order may be served under Rule 29 (c) hereof, and any such notice shall be deemed to be an order of the Full Court on such witness to attend at the time and place specified therein.

Presence of parties at

of witnesses.

(i) The Appellant or Counsel or Solicitor concerned in examination the appeal shall be entitled to be present at and take part in any examination of any witness to which this Rule relates and, if the Appellant is in custody, a Judge may by Warrant under the hand of the Registrar give directions to the Superintendent of Prisons for securing the attendance of the Appellant at any examination.

Proceedings under

section 78A sub-section

8 (d) on Reference.

37. When an order of Reference is made by the Full Court under Section 78A (8) (d) of the Ordinance, the question to be referred and the person to whom as Special Commissioner the same shall be referred shall be specified in such order. The Full Court may in such order, or by giving directions as and when they from time to time shall think right, specify whether the Appellant or any other person may be present at any examination or investigation or at any stage thereof as may be ordered under Section 78A (8) (d) of the Ordinance, and specify any and what powers of the Full Court under the Ordinance or these Rules may be delegated to such Special Commissioner, and may require him from time to time to make interim reports to the Full Court upon the question referred to him under Section 78A (8) (d) of the Ordinance, and may, if the Appellant is in custody, give leave to him to be present at any stage of such examination or investigation and give the necessary directions to the Superintendent of Prisons accordingly, and may give directions to the Registrar that copies of any Report made by such Special Commissioner shall be furnished to the Crown Solicitor or to the Appellant or to Counsel or Solicitor on behalf of the Appellant,

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