662221-1888-Fire-Enquiry-Bill — Page 1

868

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, -1888.

GOVERNMENT NOTIFICATION.—No. 386.

The following Bill, which was read a first time at a Meeting of the Legislative Council held yesterday, is published for general information.

ÁRATHOON SETH, Clerk of Councils.

Council Chamber, Hongkong, 29th August, 1888.

In cases of

Fire Captain Superintend ent of Police to report to the Magis- trate.

Investigation to be made by The Magis- irate.

Examination of witnesses

by interested parties,

Dismissal of the informa- tion.

Order of prosecution.

Previous ex- quiry not to be evidence.

Judicial investigations and order of prosomation shall not calles of ch: 1lenge.

A BILL

ENTITLED

An Ordinance to authorize in certain cases judicial investigations into the causes of fire.

B

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof; as follows:--

1. Whenever a fire shall have taken place or shall have been attempted the Captain Superintendent of Police shall as soon as possible take possession of the premises where the fire has taken place or has been attempted, to the ex- clusion, if he shall deem it necessary, of the owners and all others; and shall make or cause to be made personally or by some officer of not lower grade than Chief Inspector of Police a full and detailed inspection of the said premises with the aid where he considers it necessary of a com- petent surveyor, and shall forthwith report to the Magis- trate the state of the said premises and of the contents, if any, thereof.

2. Upon the reccipt of such Report the Magistrate, unless upon a consideration of the facts stated therein he is clearly of opinion that the fire was caused by accident, shall pro- ceed to investigate the causes of the fire and shall, within the shortest possible delay, take the depositions upon oath of all persons likely to know the facts and circumstances and of all other persons who in his opinion may furnish information in respect thereof.

3. It shall be lawful for any Inspector of Police, or for any interested person present at such investigation, with the leave of the Magistrate, to examine the witnesses, and to cause such persons to be examined as may give due and proper information touching such case of fire.

4. 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 reasonable cause for giving the order in the next Section mentioned the Magistrate shall dismiss the information, and order the release of the pre- mises.

Provided that such dismissal shall be no bar to a subse- quent information of a like nature, or to au information against any person or persons for an offence against the

law.

5. If in the judgment of the Magistrate 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 instituted before a Magistrate against such person or persons for such erime.

6. The evidence taken on an enquiry by the Magistrate under the provisions of Scetion 2 of this Ordinance shall not in any way be used against the person or persons against whom any criminal information shall be filed, but the said Magistrate shall investigate the charge and carry ou a new enquiry according to law, as if no previous in- quiry had been held.

7. No Magistrate shall be prohibited from investigating #! ete within his jurisdiction by the fact that he shall have made a judicial investigation and given an order in the maiter under Sections 1 or 5 of this Ordinance.

8. For the purposes of this O: linance and in relation to ail lav-Stigations held thereunder and for the summoning of itress,s and for all proceeding in connection therewith the Magistrate shall have all the powers possessed by a Mahtrite in relation to the holding of preliminary en- quities in cases of indictable offences.