201547-1933-Supplementary-Draft-Bill--Criminal-Procedure-Amendment — Page 1

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LEGISLATIVE COUNCIL.

Draft Bill.

No. S 82. The following bill is published for general infor-

mation:

C.S.O. 1 in 3667/30.

A BILL

INTITULED

[No. 13-9.11.32.—8.1

Short title.

Substitu- tion for Ordinance No. 9 of 1899, s. 10.

Rules and orders as to practice and pro- cedure.

New head. ings and sections

78A, B

and C

added to

Ordinance No. 9 of 1899.

Appeals 7 Ed. 7, c. 23, s. 3.

An Ordinance to amend the Criminal Procedure Ordinance,

1899.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited Procedure Amendment Ordinance, 1933.

as the

Criminal

2. Section 10 of the Criminal Procedure Ordinance, 1899, is repealed and the following section is substituted therefor :-

10.-(1) The Chief Justice may make rules and orders regulating the practice and procedure under this Ordinance:

Provided that no such rules and orders shall be binding until the same have been approved by the Legislative Council and have been published in the Gazette.

(2) Such rules and orders may provide for regulating and prescribing forms to be used, the times for or within which documents must be filed or notices given, the duties of the various officers of the court, the manner in which cases and arguments are to be presented, the assigning of

or incidental solicitors and counsel as legal aids in capital cases, or appeals or cases reserved, the fees and costs to be allowed therefor, and generally for the better carrying out of the provisions of this Ordinance.

to

(3) Subject to the provisions of this Ordinance and to such rules and orders and any other enactment (including any enactment relating to juries) applicable thereto, the practice and procedure in all criminal causes and matters (including trials for treason or misprision of treason) shall be, as nearly as possible, the same as the practice and procedure from time to time and for the time being in force for similar cases in England.

3. The following headings and sections are inserted after section 78 of the Criminal Procedure Ordinance, 1899 :

Appeals.

78A.--(1) A person convicted on indictment may appeal to the Full Court-

(a) against his conviction on any ground of appeal which involves a question of law alone; and