655972-1890-Ordinance-10-of-1890-assented-to — Page 22

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

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 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.

77. If the Magistrate commit the accused to prison 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 Gaol until the next Criminal Sessions of the Supreme Court there to take your trial.

78. When the depositions in any case sent for trial to the Supreme Court have been completed a copy thereof includ- ing all exhibits and any statements shall as soon as practi- cable be forwarded from the Magistrates office to the Crown Solicitor for the use of the Attorney General and at any time before the first day of the next Criminal Sessions of the Court at which any accused committed to prison or admitted to bail 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 depositions copies thereof 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 the accused shall have been committed or bailed, on payment of fifteen cents for each folio of 72 words.

PART V.

Indictable Offences triable Summarily.

79. Nothing in this part of this Ordinance shall affect the powers conferred upon Magistrates by The Protection of Women and Giris Ordinance, 1889, or any later Ordi- nance substituted therefor.

80. Whenever any person is accused before a Magistrate of any indictable offence except the offences specified in the 4th Schedule hereto, such Magistrate instead of committing the accused for trial before the Court, may deal with the case and convict the accused summarily (LXXXIII.) and upon conviction may sentence the accused to be imprisoned for any term not exceeding twelve months with or without hard labour or to pay a fine not exceeding two hundred dollars.

Such Magistrate may also direct that the accused be kept in solitary confinement for any portion of his term of imprisonment not exceeding fourteen days at any one time and not exceeding one month in the whole.

Such Magistrate may nevertheless if he think fit commit any such accused for trial before the Court.

Provided always, that nothing in this section contained shall affect the provisions of section 83.

81. Where an indictable offence is triable summarily: (1.) The procedure shall, until the Magistrate or Ma- gistrates assume the power to deal with such offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the Magistrate or Magistrates assume the power to deal with such offence summarily, the pro- cedure shall be the same from and after that period as if the offence were an offence punish- able on summary conviction and not on informa- tion, and the provisions of this Ordinance re- lating to offences punishable on summary con- viction shall apply accordingly; and

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

Informing accused of committal. (English practice.)

Accused entitled to copy of depositions, &c. (11 & 12 V. c. 49, s. 27.)

Part V. not to affect Ordi- nance No. 19 of 1889.

Indictable oferees when to be dealt with summarily. (No. 16 of 1875, 8. 5.)

Procedure as

to indictable offences triable summarily. (42 & 43 V. c. 49, s. 27.)

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