654835-1890-Bill-The-Magistrates-Ordinance — Page 26

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

trate shall accordingly admit him to bail in manner afore- taid; and in all cases where the defendant or accused.in custody shall be admitted to bail by a Magistrate other shan the committing Magistrate or by a Justice of the Peace as aforesaid, such Magistrate or Justice of the Peace so admitting him to bail shall forthwith transmit the re- cognisance of bail to the committing Magistrate, to be by him transmitted, with the depositions to the Registrar: Provided nevertheless, that no Magistrate or Justice of the Peace shall admit any person to bail for treason, nor shall such person be admitted to bail, except by order of the Governor or of a Judge of the Supreme Court: Pro- vided also, that when two Magistrates sit together either one of them may exercise the powers herein before men- tioned.

96. In all cases where a Magistrate shall admit to bail any person who shall then be in prison charged with the offence for which he shall be so admitted to bail such Magistrate shall send to or cause to be lodged with the Superintendent of such prison a warrant of deliverance (LXXXII.) under his hand and seal requiring the said Superintendent to discharge the person so admitted to bail, if he be detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such Superintendent he shall forthwith obey the same.

Re-hearing.

97. Whenever any accused has been committed for trial and the Attorney General has in pursuance of the 9th section of Ordinance No. 2 of 1869 or any other Ordinance in that behalf hereafter in force in the Colony remitted the case for further investigation or to be dealt with sum- marily, the committing Magistrate or Magistrates shall re- open the case and deal with it in all respects as if the ac- cused had not been committed for trial and if the case be such that it may be dealt with summarily by such Magis- trate or Magistrates, he or they shall so deal with it.

Examination of accused by Magistrate.

98. (1.) Upon the investigation or hearing by a Magis- trate or Magistrates of any case in which any person is accused of the commission of any criminal offence, the Magistrate or Magistrates may, if he or they shall think fit, from time to time at any stage of the inquiry, and without previously warning the defendant or accused, examine him, and put such questions to him as he or they think necessary. (LXXXI.)

(2.) Whenever any defendant or accused is so examined as aforesaid, the whole of such examination including every question put to him and every answer given by him shall, where such defendant or accused shall or is about to be committed for trial before the Court, be recorded in full and shall be shown or read to him, and he shall be at liberty to explain or add to his answer. When the whole is made conformable to what the defendant or accused declares is the truth, the record of the examination shall be attested by the signature of the Magistrate or Magistrates who shall certify under his or their hand that it was taken in his or their presence and in his or their hearing and contains ac- curately the whole of the statement made by the defendant or accused. The defendant or accused shall sign or attest by his mark such record, or if he refuse the Magistrate or Magistrates shall certify the fact of such refusal in writing; and the record of such examination shall be transínitted to the Registrar together with the depositions in the case and any certificate in reference thereto.

(3.) The defendant or accused shall not be liable to any punishment for refusing to answer or for answering falsely any questions asked under this section, but the Magistrate or Magistrates shall draw such inference as seems just from such refusal.

(4.) The answers given by any defendant or accused as aforesaid may be laid before the jury on the trial of such defendant or accused.

(5.) No influence by means of any promise or threat, or otherwise shall be used to the defendant or accused to induce him to disclose or withhold any matter within his knowledge.

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(6.) No oath shall be administered to the defendant or accused.

Warrant of deliverance where accused in prison when bail granted. (11 & 12 V. c. 42, s. 24.)

Re-hearing before a Magistrate. (No. 5 of 1850, 8. 11.)

(No. 2 of 1869, 8. 2.)

Examination

of accused by Magistrate.

(No. 18 of 1873,

B. 2.)

Indian Code

Act X., 1872, 6. 193.)

Record of such examination. (No. 18 of 1873, 8. 3.

Indian Code, Act X., 346.)

Refusal to answer not punishable. (No. 18 of 1873. 6. 6. Indian Code, Aet X. 8.343.)

Answers to be laid before jury. (No. 18 of 1873, s. 7. Indian Code, Act X. s. 193.) No influence to be used. (No. 18 of 1873,

s. 8.

Indian Code. Act X. 8. 344.)

No oath to be Administered. (No. 18 of 1973, 4.9.

Indian Code, Act. X. e. 345.)

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