655972-1890-Ordinance-10-of-1890-assented-to — Page 20

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

for the examination of the witnesses against the accused the Magistrate may enforce the attendance of such witness in the manner hereinbefore provided in Part III. of this Ordinance for the enforcing the attendance of a witness under the summary jurisdiction of such Magistrate; if on the appearance of such witness he shall refuse to be examined upon oath concerning the matter of the said information or complaint or shall refuse to take such oath or having taken such oath shall refuse to answer such questions concerning the premises as shall then be put to him, a Magistrate then present may by warrant (x1.) under his hand and seal commit such person to prison there to remain and be imprisoned for any time not exceeding two months unless he shall in the meantime consent to be examined and to answer concerning the premises.

70. If upon the hearing of an information or charge for an indictable offence from the absence of witnesses or from any other reasonable cause it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time it shall be lawful to and for the Magistrate before whom the accused shall appear or be brought up by his warrant (XII., LXXVI.) from time to time to remand the accused for such time as by such Magistrate in his discretion shall be deemed reasonable not exceeding eight clear days to prison or some place of secu- rity; or if the remand be for a time not exceeding three clear days it shall be lawful for such Magistrate verbally to order the constable, peace officer or other person in whose custody the accused may then be or any other con- stable or person to be named by the said Magistrate in that behalf to continue and keep the accused in his custody and to bring him before the same Magistrate at the time appointed for continuing such examination: Provided always, that such Magistrate may order the accused to be brought before himself or another Magistrate at any time be- fore the expiration of the time for which the accused shall be so remanded, and the gaoler or officer in whose custody be shall then be shall duly obey such order: Provided also, that, instead of detaining the accused in custody during the period for which he shall be so remanded, a Magis- trate before whom the accused shall so appear or be brought as aforesaid may discharge him, upon his entering into a recognisance with or without a surety or sureties (LXXVII., LXXVIII) at the discretion of such Magistrate condi- 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 recognisauce, 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 accused to prison for trial or before admitting him to bail, to take his trial 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 pro- vided 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 cou- viction, and the accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall be read over to and signed respect- ively by the witnesses, who shall have been so examined and shall also be signed by the Magistrate taking the same.

3. 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 if desired by the accused without requiring the attendance of the witnesses, read or

T

Power to remand the accused. (11 & 12 V. c. 42, s. 21.)

Place where

examination

taken net an open Court. (1 & 1 V. c. 42, s. 19.)

The hearing. (1 & 12 V. c. 49, .17.)

Depositions to

he read over and accused to be cau- Lionel.

(11 & 12 V. c. 42, s. 18. No 6 of 1861, s. 5.

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