654835-1890-Bill-The-Magistrates-Ordinance — Page 21

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THE HONGKONG GOVERNMENT GAZETTE, 15ти FEBRUARY, 1890.

Place where examination takou not an open Court. () & 12 V. 0.42, B. 19.)

The hearing, (1 & 12 V. c. 42, n. 17.)

Depositions to

be read over and ne used

to be cau-

tioned.

(31 & 12 Y.

c. 42, s. 18. No. 6 of 1864, s. 5.)

Witnesses for the accused.

(30 & 31 V.. c. 35, s. 3.)

tioned for his appearance at the time and place appointed for the continuance of such examination; and if the accused shall not afterwards appear at the time and place mentioned in such recognisance, the Magistrate then present may upon certifying the non-appearance of the accused on the said recognisance declare the same forfeited and proceed to enforce the same in the manner hereinbefore provided for enforcing recognisances in the cases of offences punish- able on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.

71. The room or building in which a Magistrate shall hear an information or charge for an indictable offence shall not be deemed an open Court for that purpose: and it shall be lawful for the Magistrate hearing the case in his discretion to order that no person shall have access to or be or remain in such room or building without the con- sent or permission of such Magistrate if it appear to him that the ends of justice will be best answered by so doing.

72. Upon the hearing of an information, or charge for an indictable offence where the accused shall be present at the hearing, the Magistrate shall before committing the acensed to prison for trial or before admitting him to bail, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner (XIII.) as hereinbefore provided for the taking of the evidence of the complainant, informant or prosecutor and his witnesses on complaints, or on information for offences punishable on summary conviction, and the accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the deposi- tions or evidence of the prosecutor and his witnesses shall be read over to and signed respectively by the witnesses, who shall have been so examined and shall also be signed by the Magistrate taking the same.

"

73. After the examination of all the witnesses on the part of the prosecution shall have been completed the Magistrate by or before whom such examination shall have been so completed as aforesaid, shall without re- quiring the attendance of the witnesses, read or cause to be read to the accused or when necessary cause to be interpreted the depositions taken against him and shall say to him these words or words to the like effect or cause the same to be interpreted to him: "Having heard "the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything "unless you desire to do so, but whatever you say will "be taken down in writing and may be given in "evidence against you upon your trial," and whatever the accused shall then say in answer thereto shall be taken down in writing, and read over to him, and shall be signed by the said Magistrate and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned (LXX.); Provided always, that the Magistrate before the accused shall make any statement, shall state or cause to be interpreted to him and give him or cause him clearly to understand that he has nothing to hope from any promise of favor and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that what- ever he shall then say may be given in evidence against him on his trial, notwithstanding such promise or threat; Pro- vided nevertheless, that nothing herein contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the accused made at any time which by law would be admis- sible as evidence against him.

74. If the accused shall make any such statement or shall be unwilling so to do the Magistrate hearing the case shall then demand and require of the accused or his counsel whether he desires to call any witness or evidence and if he so call or desire to call any witness or witnesses or evidence such Magistrate shall in the presence of the accused take such evidence on oath both examination and cross-examination of the witnesses who shall be called by the accused or his counsel and who shall know anything relating to the facts or circumstances of the case or any- thing tending to prove the innocence of the accused and shall put the same into writing and such depositions of such witnesses shall be read over and signed respectively by the witnesses so examined and also by the Magistrate taking the same.