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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.

Provision for the prisoner being present at taking of statement. (30 and 31 V. c. 35 s. 7.)

Examination

by Magistrate, evidence at

trial (No. 18 of 1873, B. 4

Indian Crimi-

nal Code No.

10 of 1872.

*.249.)

Answers of

prisoner and accused.

(No. 18 of 1873, s. 7. Indian Criminal Code No. 10 of 1872, s. 193.)

Statement of accused, when receivable in evidence. (No. 6 of 1864 5. 5. 11 and 12 V. b. 42, N. 18.)

36. Whenever a prisoner in actual custody shall have been served with or shall have received notice of an inten- tion to take such statement as in the last section mentioned, the judge or Magistrate by whom the prisoner was com- mitted, or the visiting justices of the prison in which he is confined, may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the said notice for the purpose of being present at the taking of the statement; and such gaoler shall convey the prisoner accordingly, and the expenses (if any) of such conveyance shall be paid out of the funds applicable to the other expenses of the prison from which the prisoner shall have been conveyed.

37. All examinations in pursuance of Ordinance No. 18 of 1873 by the Committing Magistrate of any prisoner or accused who is thereafter committed for trial at the Criminal Sessions of the Supreme Court shall be laid by the judge as evidence before the jury at the trial.

38. The answers given by any prisoner or accused to any questions put to him by the judge during the trial be- fore the Supreme Court in pursuance of Ordinance No. 18 of 1873 may be put in or treated as evidence in the case in the discretion of the judge.

39. In case of proceedings with a view to committal for trial at the Supreme Court, if after the examination of all the witnesses on the part of the prosecution shall have been completed before a Magistrate or other officer of Her Majesty to whom the, eognizance of the crime or offence appertained, any voluntary statement shall have been made by the prisoner or accused before such Magistrate or officer of Her Majesty as aforesaid, it shall be lawful for any judge of the Supreme Court, and he is hereby required to allow such statement to be read and received. in evidence at such trial upon the presiding judge being satisfied that the following conditions had been in each case complied with; (1). That prior to such statement having been made

the Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, had read or caused to be read, or, where necessary, had translated, or caused to be translated to the prisoner or accused, the depositions taken against him.

(2). That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence ap- pertained, had addressed to the prisoner or accused these words, or words to the like effect: "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but what- ever you say will be taken down in writing and may be given in evidence against you upon your trial."

(3). That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence ap- pertained, had given the prisoner or accused clearly to understand that he had nothing to hope from any promise of favour, and nothing to fear from any threat which might have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then said might be given in evidence against him upon his trial notwithstanding such promise or threat. (4). That what the prisoner or accused answered thereto was taken down in writing and read over to him. (5). That the said statement had been kept with, and at the time of the application to receive the same in evidence was in the custody of the Supreme Court in the same manner as the depositions of the witnesses which had been taken in the same matter.

Provided nevertheless, that nothing herein enacted or con- tained shall prevent the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown from giving in evidence any admission or con- fession or other statement of the prisoner or accused, made at any time, which by law would be admissible as evidence against such person.