THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.
in force relating to juries, and such trial shall be had accordingly.
44.-(1.) Nothing in this Ordinance shall affect the right Saving of of the Attorney General to file an information in the Court right of the against any person for misdemeanor.
(2.) Subject to the any other statute for
nance, s. 87.
Attorney General to file +his Ordinance or of information ng in force, the law, for misde- practice, and procedure in respect of any such information meanor, shall be, as nearly as may be, the same as the law, practice, B.G. Orli- and procedure for the time being in force in relation to informatious filed by the Attorney General of England in the High Court of Justice in England, so far as such law, practice, and procedure are applicable to the circumstances of this Colony.
Default of Appearance.
45.-(1.) If in any case, after notice of trial has been Proceedings given, no person appears in Court to prosecute or prefer ou non- the indictment before the close of the session of the Court appearance of
prosecutor. for which such notice was given, it shall be competent for No. 3 of 1865, the accused person to move the Court to discharge him 8.16. therefrom; and if he, or any other person ou his behalf, has been bound by recognizance for his appearance so to take his trial, then that the said recognizance may be dis- charged.
(2.) Where the prosecution is at the instance of a privato person, it shall also be competent for the accused person to move the Court that the prosecutor and his sureties, if any, shall be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(3.) On any such application the Court shall make such order as it may think just.
accused
46.-(1.) Where it appears by the return made by the Proceed ings Bailiff that the copy of the indictment and notice of trial on non- has been duly served, and the accused person, ou being appearance of thrice called on the day appointed for trial, does not appear, person. a motion may be made on behalf of the prosecution, if the No. 3 of 1865, accused person has been admitted to bail, that he and his *.15. suretics, if any, may be called upon their recognizances, and, in default of his appearance, that the same may bo estreated.
(2.) On any such application the Court shall make such order as it may think just.
47. Where any person against whom an indictment has Apprehension been duly preferred, and who is then at large, does not of accused appear to plead to such indictment, 'whether he is under person not appearing. recognizance to appear or not, the Court may issue a warrant for his apprehension.
B. G. Ordi
висе, в. 113.
48. After the commencement of this Ordinance, out- Abolition of lawry in criminal cases shall be abolished.
outlawry.
B. G. Ordi- nance, s. 116.
Bringing up
of accused
49. If the accused person is at the time confined for some other cause in any Prison, the Court or a Judge may, by order in writing, without writ of habeas corpus, direct person in
custody for the Keeper of such Prison to bring up the body of such other cause. person, as often as may be required, for the purpose of the B. G. Ordi- trial, and the Keeper shall obey such order.
Arraignment.
nance, s. 133. See 30 & 31 Fret. c. 35, .10.
50.-(1.) The accused person shall be placed at the bar Arraigument unfettered and not in prison clothes, unless the Court sees cause to direct otherwise.
of accused
person.
No. 3 of 1965,
(2.) The indictment shall then be read over to him by 82 the Registrar, and explained, if necessary, by the Registrar or the interpreter of the Court; and he shall be required to plead instantly thereto, unless he objects to the want of duc service of the indictment and notice of trial, and the Court finds that he has not been duly served therewith.
51. The accused person, upon being arraigned, by plead- Effect of ing generally the plea of "Not Guilty," shall, by such plea of "Not plea, without further form, be deemed to have put himself Guilty." upon the country for trial.
No. 3 of 1865,
3. 22.
52. If an accused person, upon being arraigned, stands Procedure mute of malice or will not answer directly to the indiet- where accused ment, the Court shall, if it thinks fit, order the Registrar person on
arraignment to enter a plea of "Not Guilty on behalf of such accused does not person; and the plea so entered shall have the same force auswer and effect as if such accused person had actually pleaded directly.
the same.
97
No. 3 of 1865,
#. 23.
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