541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 12

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Bail.

Trial with jury or

assessors.

Speedy trial.

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

warrant; or may cause such person to be taken in custody or otherwise to the Supreme Court or elsewhere in China or Corea, according to the writ, order, or

warrant.

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

Any felony.

Riot.

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

except by the Supreme Court.

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

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

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

Trial with Jury or Assessors.

45.-(1.) Where the offence charged is treason or murder the case 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, robbery with

violence, piracy, forgery, or perjury; or

(ii.) Where the offence charged is any other than as aforesaid, but it appears to the Court at any time before the trial, the opinion of the Court being recorded in the Minutes, that the offence charged, if proved, would not be adequately punished by imprisonment for three months with hard labour, or by a fine of 207., or both such imprisonment and

fine-

The offence shall be tried on a charge with a jury or assessors (according to the provisions of this Order applicable to the Court); but may, with the consent of the accused, be tried without assessors or jury. In the Supreme Court, when the accused does not so consent, the charge shall be tried with a jury, unless the Court is of opinion that a jury cannot be obtained.

(3.) The Supreme Court may, for any special reason, direct that any case shall be tried with assessors or a jury, and a Provincial Court may, for any special reason, direct that any case shall be tried with assessors. In each such case the special reason shall be recorded in the Minutes.

46.-(1.) Where an accused person is ordered to be tried before a Court with a jury or with assessors, he shall be tried as soon after the making of the order as circumstances reasonably admit.