THE HONGKONG GOVERNMENT GAZETTE, 27TH OCTOBER, 1888.
No. 23 OF 1888.
An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, to authorize in certain cases judicial investigations into the causes of fire.
LS
G. WILLIAM DES Vœux.
[27th October, 1888.]
it enacted by the Governor of Hongkong, with the
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 is supposed to have originated or have been attempted, to the exclusion, 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 an Inspector of Police, a full and minute inspection of the said premises, and shall forthwith make a written report in detail to a Magistrate of the state of the said premises and of the contents, if any, thereof, furnishing also all such information touching the origin and circum- stances of the fire as he may be able to obtain.
2. Upon the receipt 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 opinion 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 an information against any person or persons for an offence against the
law.
5. If in the opinion 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 another Magistrate against such person or persons for such crime.
6. The evidence taken on an enquiry by the Magistrate under the provisions of Section 2 of this Ordinance shall not in any way be used against the person or persons against whom any subsequent criminal proceedings may be taken.
7. No Magistrate who has made a judicial investigation and given an order in any matter under Section 5 of this Ordinance shall conduct the preliminary inquiry upon any such charge of crime, but the same shall be conducted by another Magistrate.
8. For the purposes of this Ordinance, and in relation to all investigations held thereunder, and for the summoning of witnesses and for all proceedings in connection with such investigations, the Magistrate shall have all the powers possessed by a Magistrate in relation to the holding of preliminary enquiries in cases of indictable offences, and the Captain Superintendent of Police shall render to him all proper and necessary assistance,
In cases of Fire Captain Superintend- ent of Police to report to the Magis- trate.
Investigation to be made by the Magis- trate.
Examination
of witnesses by interested parties.
Dismissal of the inforum-
tion.
Order of prosecution.
Previous en- quiry not to be evidence.
Judicial investigation and order of Prosecution. shall not be causes of challenge.
Power to
SUMMON witnesses, t
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