1084
THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.
No. 3 of 1965, F. 18.
No. 23 of 1869, F. 1.
Payments to be made by private
prosecutor for service, etc.
No. 3 of 1863, &. 19.
Service of subpæna. No. 3 of 1865,
. 20,
Return of service.
No. 3 of 1862 a. 20.
Non-attend- ance of wit ness at ad-
journed trial.
B. G. Ordi- nance, s. 127.
Procedure
with respect
to witnesses where trial is postponed:
B. G. Ordi- Bance, ■. 128,
where the production of documents is required the subpœna duces tecum, shall be sued out of the Registrar's Office by the Crown Solicitor, or, where the prosecution is at the instance of a private person, by the prosecutor or his attorney, or by the accused person or his attorney, as the case may be.
(2.) Every sub pana shall be issued in the name of the Queen, and snart Derested in the name of the Chief Justice.
(3.) The names of four witnesses may be inserted in one subpana, and they shall be described therein with such certainty that the Bailiff may be able readily to find ther; and the form of the subpæna shall, as near as may be, be according to the like form used in the Supreme Court in civil cases.
(1.) The party obtaining the subpoeng shall at the same time make out and give to the Registrar as many copies as there are persons to be served therewith, and the Registrar shall deliver the original, together with the copies, to the Bailiff for service.
37. When the prosecution is at the instance of a pri- vate person, such person or some one on his behalf shall, at the time of obtaining the subpæna, pay into the Registry the lawful costs and charges for exccuting the same, to- gether with such further sum or sums of money as such person intends the Bailiff to give or tender to the witnesses respectively for their travelling expenses.
38.-(1.) The Bailiff shall, as soon as may be after having received any subpoena and copy, deliver to the person named in the subpoena the said copy.
(2.) In any case where such person cannot be found, the Bailift shall leave the said copy with some one of his household for him at his dwelling-house, or with some one of his elcks for him at his counting-house or place of business.
(3.) The Bailiff shall, at the time of service, show to such person, or to the person with whom the said copy is left, as the case may be, the original subpœna and explain to him the nature and exigency thereof.
39. The Bailiff shall, at or immediately after the time of service, endorse on or annex to the original subpœna a retarn in writing, sigued by him, of the time and mode of service, and shall forthwith transmit the same to the Regis-
trar.
40. Every witness who is present when the trial of a case is adjourned, or who has been duly notified of the time to which such trial or further trial is so adjourned, shail be bound to attend at such time, and, in default of so doing, may be dealt with in the same manner as if he had failed to attend before the Court in obedience to a subpœna to attend and give evidence.
41-(1.) Where the trial of any case is postponed from one session of the Court to another session, it shall be law- ful for the Court to respite the recognizance of every witness who was bound by recognizance to attend at such first-mentioned session, and every such witness shall be bound to attend and give evidence at such other session, without entering into any fresh recognizance for that pur- pose, in such and the same manner as if he were originally bound by his recognizance to attend and give evidence at such other session.
(2.) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the Court to which the case is postponed will commence.
General mode
of trial.
B. G. Ordi Dauce, 1. 85.
Trial at bar.
B. G. Ordi- Dance, . 66.
PART III.
PROCEEDINGS AT TRIAL.
Mode of Trial.
42.-(1.) Every person to be tried before the Court shall be tried on an indictment.
(2.) Subject to the provisions of the next succeeding section, such trial shall be bad by and before a Judge and a jury constituted under any statute for the time being in force relating to juries.
43. On motion made by the Attorney General, a Judge shall order that the trial of any indictment shall be had at bar, that is to say, by and before the two Judges of the Court and a jury constituted under any statute for the time being
No comments yet.
Private notes are available after approval.