566
THE HONGKONG GOVERNMENT GAZETTE, 9TH JUNE, 1888.
Dismissal of the informa- tion
Order of prosecution.
Previous en- quiry not to be evidence.
Costs to be borne by ap- plicants in case of dis- missal,
Costs in cortain cases
to be borne by the Crown.
Judicial investigation and order of prosecution shall not be causes of
challenge.
carries on his investigation; the fees of such person shall be paid by the said interested party, and shall not exceed
per diem.
9. If in the judgment of the Magistrate the investiga- tion does not disclose any offence or although it disclose an offence does not show any reasonablo cause for giving the order in the next section mentioned, the Magistrate shall dismiss the information.
Provided that such dismissal shall be no bar to a subse- quent information of a like nature, or to an information against any person or persons for an offence against the
law.
10. If in the judgment of the Magistrato the fire shall have been the result of a crime, and there is reasonable cause to suspect, and he shall suspect any person or persons of such crime, he shall order a prosecution to be eutered against such person or persons for such crime.
11. No previous enquiry taken by the Magistrate under the provisions of Sections 5, 6 and 7 of this Ordinance shall, in any way, be evidence against the person or persons against whom any criminal prosecution shall be commenced, but the said Magistrate shall investigate the charge and carry on a new enquiry according to law.
12. The costs of the information and order provided by Sections 3 and 4 of this Ordinance, and of the judicial in- vestigation provided by Sections 5, 6, 7, 9 and 10 of this Ordinance, and compensation to the witnesses, shall be borne by the private applicant out of the sums deposited by him, or if they be insufficient, in addition thereto.
Such costs shall be taxed according to the tariff of fees in force in the Police Court, or according to any tariff which hercafter may be established by the Governor in Council.
Provided nevertheless that if an order be pronounced as in Section 10 of this Ordinance enacted, and it be approved by the Attorney General, all such costs shall be borne by the Crown, and the deposit of the applicant shall be refunded to him upon the order of the Magistrate.
13. No Magistrate shall be prohibited from trying a case within his jurisdiction by the fact that he shall have made a judicial investigation and given an order in the matter under Sections 4, 5 and following of this Ordinance.
SCHEDULE OF FORMS.
(A.)
HONGKONG
of
TO WIT.
Be it remembered that
in the
maketh oath and saith, as follows:-
That on the
the locality of
day of
of
a
in the year
house (or as the case may be) situated in by fire and that
was
he represents have thereby suffered prejudice; and that he hath reasonable cause to suspect and doth suspect that the said fire is the result of a crime; wherefore he prays that a judicial investigation be made into the cause of such fire, and is will ing and ready to deposit the sum of
to
cover the expense of such investigation according to law.
Exhibited and sworn on the
at
year
(Signed), day of
in the
Before me
HONGKONG
Magistrate in and for the Colony of Hongkong.
(B.)
of
TO WIT.
To
Whereas information upon oath has this day been made before me
Magistrate in and for the that a
situated in the
has been
whom he represents,
by locality of
in the by fire to the prejudice of and that there is reasonable cause to suspect that such fire is the result of a crime.
These are therefore in Her Majesty's name to require you to make or cause to be made an inspection of the premises where the fire has taken place, or has been attempted, and also an enquiry into the causes of such fire, and a search for the perpetrators, if any,
of any crime which may have been the cause of such fire, and further to report to me on the matters aforesaid with as duc diligence as possible.
Given under my hand at
in the
of on the
in the year.
day of
Magistrate in and for the
Colony of Hongkong.
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