THE HONGKONG GOVERNMENT GAZETTE, 13т DECEMBER, 1873.
Recovery of Penalties.
XV. All Penalties incurred under this Ordinance may be Recovery of recovered by and under the Provisions of Ordinance No. 10 of Penalties. 1844.
Regulations.
XVI. It shall be lawful for the Governor in Council to make Governor may and publish Regulations, and from Time to Time to vary the same make Regula- for the better and more effectual carrying into effect the Provisions tions.
of this Ordinance.
XVII. Section XIX of Ordinance No. 1 of 1862 is hereby Repeal of Sec. repealed.
19 of No. 1 of 1862.
XVIII. This Ordinance shall commence and take Effect on such Suspending Day as shall be fixed by Proclamation under the Hand of the Clause. Governor.
Passed the Legislative Council of Hongkong, this 9th Day of December, 1873.
L. D'ALMADA e Castro,
Clerk of Councils,
HONGKONG.
ANNO TRICESIMO SEPTIMO
VICTORIA Regina.
SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B., Governor and Commander-in-Chief.
No. 18 OF 1873.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Oral Examination of Prisoners.
[9th December, 1873.]
WH
Title.
HEREAS it is expedient to further amend the Law of Preamble.
Evidence, and to provide for the Oral Examination of
Prisoners: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Ordinance No. 3 of 1872, is hereby repealed.
Repealing Clause.
Magistrate.
II. Upon the Investigation or Hearing by any Stipendiary Examination of Magistrate of any Case in which any Person is accused of the accused Commission of any Criminal Offence, the Magistrate may, if he Persons by shall think fit, from Time to Time at any Stage of the Inquiry, See Indian and without previously warning the accused Person, examine him, Criminal Pro- and put such Questions to him as he thinks necessary.
cedure Code, (Act X, 1872), Sec. 193.
Crim. Proc.
III. Whenever any accused Person is examined by a Stipen- Examination diary Magistrate, the whole of such Examination including every of Accused how Question put to him and every Answer given by him shall, where recorded. such accused Person shall or is about to be committed for Trial at Sec. 346, Ind. the Criminal Sessions, be recorded in full and shall be shown or read Code. to him, and he shall be at liberty to explain or add to his Answer. When the whole is made conformable to what he declares is the Truth, the Examination shall be attested by the Signature of the Magistrate, who shall certify under his IIand that it was taken in his Presence and in his Hearing and contains accurately the whole of the Statement made by the accused Person. The accused Person shall sign or attest by his Mark such Record.
IV. In the Event of any accused Person being committed for Examination of Trial at the Criminal Sessions, his Examination before the Com- Accused before mitting Magistrate shall be laid by the Judge as Evidence before Magistrate to the Jury at the Trial.
be Evidence. See Criminal Procedure Code, Sec. 249.
V. The Judge presiding at any Criminal Sessions may, if he Examination of shall think fit, from Time to Time at any Stage of the Trial, accused Person examine the accused Person, and may in like Manner question by Judge. him generally on the Case after the Witnesses for the Prosecu- Procedure tion have been examined and before he enters upon his Defence. Code, Sec.
See Criminal
250.
VI. The accused Person shall not be liable to any Punishment Accused not for refusing to answer or for answering falsely any Questions punishable for asked under Sections II and V, but the Magistrate or Court of Refusal to Criminal Sessions shall draw such Inference as seems just from Ind. Crim. such Refusal.
answer.
Proe. Code, Sec. 343.
603
No comments yet.
Private notes are available after approval.