654835-1890-Bill-The-Magistrates-Ordinance — Page 22

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

75. Upon the hearing of an indictable offence as afore- said it shall be lawful for the Magistrate to bind by recog- uisance (LXXII.) the prosecutor and his witnesses or any of them to appear at the next Criminal Sessions of the Court at which the accused is to be tried then and there to prose- cute, or to prosecute and give evidence, or give evidence alone as the case may be against the accused which said recognisance shall particularly specify the profession art or trade of every such person entering into or ac- knowledging the same together with his Christian or other name and surname and such witnesses for the accused as may be called and examined as aforesaid not being witnesses as to the character of the accused merely who shall in the opinion of the Magistrate give evidence in any way material to the case or tending to prove the innocence of the accused shall be bound by recognisance to appear and give evidence at the trial at the next Crimi- nal Sessions of the Court at which the accused is to be tried in the same manner as the prosecutor and his witnesses, and the said recognisance being duly acknowledged by the person entering into the same shall be subscribed by the Magistrate before whom the same shall be acknowledged and a notice thereof signed by the said Magistrate shall at the same time be given to the person bound thereby (LXXIII.) 'Provided always, that if any such witness for the prose- cution or defence shall refuse to enter into or acknowledge such recognisance as aforesaid it shall be lawful for such Magistrate by his warrant, (LXXIV.) to commit him to prison there to be safely kept until after the trial of the accused unless in the meantime such witness shall duly enter into such recognisance as aforesaid before a Magistrate: Provided nevertheless, that if afterwards, from want of sufficient evidence in that behalf or other cause, the Magis- trate before whom the accused shall have been brought shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for either Ma- gistrate by his order in that behalf (LXXV.), to order and direct the Superintendent of the prison where such witness shall be so in custody to discharge him from the same, and such Superintendent shall thereupon forthwith discharge him accordingly: Provided further, that all such recog- nisances so taken together with the written information (if any) or summons, the depositions on either side and the statement of the accused (if any) shall be kept together until the close of the case before the Magistrate and if the accused be then committed for trial shall forthwith be transmitted by the said Magistrate or he shall cause the same to be transmitted to the Registrar.

76. When all the evidence offered upon the part of the prosecution against the accused shall have been heard, if the Magistrate shall be of opinion that it is not sufficient to put the accused upon his trial for any indictable offence, such Magistrate shall forthwith order the accused, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Magistrate such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of the accused, then such Magistrate shall, by his warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law, or admit him to bail as hereinbefore mentioned.

7. If the Magistrate commit the accused for trial, he shall inform or cause the accused to be informed thereof in the words or to the effect following:

"A. B. you stand committed to Victoria Gaol until the next Criminal Sessions of the Supreme Court when an in- formation will be filed against you for the offence with which you stand charged.'

78. At any time after all the examinations herein before mentioned in this part of the Ordinance shall have been completed and before the first day of the next Criminal Sessions of the Court at which any accused so committed to prison or admitted to bail as aforesaid is to be tried, the accused or his counsel may require and shall be entitled to have of and from the officer or person having the custody of the same copies of the depositions together with copies of any such statement as aforesaid or of any questions and answers put and taken in pursuance of section 98 of this Ordinance, on which he shall have been committed or bailed, on payment of fifteen cents for each folio of 72 words.

Binding over prosecutor and witnesses, (1 and 12 V,

c. 42, x, 20, 30 & 31 V.

c. 35, s. 3.)

Magistrate's decision, dis- charge or committal. (11 & 12 V. c. 42, s. 25.)

Informing accused of counraittal.

(English practice.)

Accused entitled to copy of depositions, &c.

(11 & 12 V.

c. 42, 8. 27.)

127.