541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 14

1300

Refusal to enter into

recogni-

sances.

Expenses of witnesses, jurors, &c.

Trial on charge.

Separate

charges for

separate offences.

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

51.-(1.) If a British subject, having appeared as prosecutor or witness at a preliminary examination, refuses to enter into a recognisance to appear at the trial to prosecute or give evidence, the Court may send him to prison, there to remain until after the trial, unless in the meantime he enters into a recognisance.

(2.) But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so re- fusing be also discharged.

(3.) Where the prosecutor or witness is not a British subject, the Court may require him either to enter into a recognisance or to give other security for his attendance at the trial, and if he fails to do so may in its discretion dismiss the charge.

52. Subject to Rules of Court made under this Order, the Court may order payment of allowances in respect of their reasonable expenses to any complainant or witness attending before the Court on the trial of any criminal case by a jury or with assessors, and also to jurors, assessors, interpreters, medical practitioners, or other persons employed in or in connection with criminal cases.

Charges.

53.-(1.) The charge upon which an accused person is tried shall state the offence charged, with such particulars as to the time and place of the alleged offence, and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2.) The fact that a charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(3.) Where the nature of the case is such that the particulars above mentioned do not give such sufficient notice as aforesaid, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will give such sufficient notice.

(4.) For the purposes of the application of any Statute law, a charge framed under the provisions of this Order shall be deemed to be an indictment.

54. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases following, that is to say :-

(a.) Where a person is accused of more offences than one of the same kind committed within the space of 12 months from the first to the last of such offences, he may be charged with, and tried at one trial for, any number of them not exceeding three.

(b.) If in one series of acts so connected together as to form the same transac- tion more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence.

(c.) If the acts alleged constitute an offence falling within two or more definitions or descriptions of offences in any law or laws the accused may be charged with, and tried at one trial for, each of such offences. (d.) If several acts constitute several offences, and also when combined, a different offence, the accused may be charged with, and tried at one trial for, the offence constituted by such acts when combined, or one or more of the several offences, but in the latter case shall not be punished with more severe punishment than the Court which tries him could award for any one of those offences.