THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
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.
(2.) Where, however, the bail of the person in prison is taken by the Magistrate's clerk or a Justice of the Peace, in pursuance of sub-section 5 of section 95, a written Cer- tificate signed by such Magistrate's clerk, or Justice that bail has been duly given, shall be a good authority to the Superintendent to discharge the person so bailed, from custody, forthwith, unless he is also in custody for some
other cause.
Re-hearing.
97. (1.) It shall be lawful for a Magistrate, upon such grounds as he shall, in his discretion deem sufficient, to review his decision or adjudication within seven clear days from the date thereof, (unless in the meantime an applica- tion has been made to state and sign a case under section 99 hereof and such application is not withdrawn) and, upon such review, to re-open and re-hear the case wholly or in part, and to take fresh evidence and to reverse, vary or confirm the previous decision or adjudication.
(2) 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. Notwithstanding anything in this Ordinance, it shall be lawful for a Magistrate, in any case in which he may deem it expedient so to do, to examine an accused person as in this section provided.
(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 be 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. (LXXI.)
(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 transmitted 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.
(6.) No oath shall be administered to the defendant or
accused.
Revlowof decision by Magistrate
Re-hearing
he forn a Maglairsto (No. 5 of 1850, 6. 11.)
(No. 2 of 1959, 8. 2)
Examinatina
of accused by Magistrate.
(No. 18 of 1873,
6. 2.)
Indian Coda
Act. X., 1879,
. 193.)
Rocord of much examination. (No. 18 of 1873, s. 3. Indian Code, Act X. s. 346.)
Refusal to
Answer not puishable. (No. 18 of 1973. s. 4. Indian 5,
}
Act
Answerst o
laid before jury (No. 18 of
173, s. 7. Indian Code, Act X. 5. 193.)
No influence to be used. (No. 18 of 1873,
S. B.
Indian Code,
Act X. s. 344.)
No oath to be administered. (No. 18 of 1873 6. 9. In lian Cole, Act X. . 35)
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