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THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.

To

3.

a Constable of Hongkong,

and to the Superintendent of the Victoria Gaol. Whereas A. B. being a Person subject by the Provisions of "The Habitual Criminals Ordinance, 1872," to the Supervision of the Police, has been taken into Custody by C. D., a Constable, and brought this Day before us the under- signed, the Stipendiary Magistrates for the Colony of Hongkong, and charged before us upon the Oath of the said C. D., taken before us in the Presence and Hearing of the said A. B., with being suspected by the said C. D. of getting his Livelihood by dishonest Means, or with being found by the said C. D. in under such Circumstances as to give Rise to Suspicion that the said A. B. was about to commit or aid in the Commission of a Crime punishable on Summary Conviction or Indictment, (that is to say,)

*

or waiting for an Opportunity to commit or aid in the Commission of a Crime punishable on Summary Conviction or Indictment, (that is to say,)

or with being found by

in or upon a Dwelling House or Building, or Yard, or Premises, being parcel of or attached to a Dwelling House, or in or upon a Shop, Ware-house, Counting-house, or other Place of Business, or in any Garden, Pleasure Ground, the said A. B. not being able satisfactorily to account for his being found on the said

We, the said Magistrates, do in pursuance of the above recited Ordinance con- vict the said A. B. of the said Offence, and adjudge that the said A. B. for the said Offence shall be imprisoned in the Gaol at Victoria, and there kept to Hard Labor for the Space of

These are therefore to command you, the said Constable, to take the said A. B. and him safely to convey to the Gaol aforesaid, and there to deliver him to the keeper thereof, together with this Precept; and we do hereby command you, the said Superintendent of the Gaol, to receive the said A. B. into your Custody in the said Gaol, there to imprison him and keep him to Hard Labor for the Space of

Given under our Hands at

Day of

Eight hundred and

in Hongkong, this in the Year of Our Lord One thousand

Title

Preamble.

may interro-

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Oral Examination of Prisoners.

1872.]

W

[

HEREAS it is expedient to further amend the Law of 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:-

Presiding

I. It shall be lawful for any Judge of the Supreme Court pre- Judge at Cri- siding at any Criminal Sessions to be hereafter holden in this minal Sessions Colony and before whom any Prisoner is tried for the Commission and Magistrate of any Crime or Offence whatsoever and for any Magistrate by and gate Prisoners before whom any Trial or Investigation is conducted of or into any Charge brought against any Prisoner for the Commission of any Crime or Offence whatsoever at any Time during the Progress of such Trial or Investigation to orally examine and interrogate such Prisoner upon such Matters, Points or Circumstances as to the said Judge or Magistrate may seem likely to conduce to or assist in the Elucidation of the Truth concerning the Issue or Matter then under Trial or Investigation.

Effect of not answering Questions.

Answers to be

treated as Evi- dence, when given at Cri-

II. Before entering upon any such Examination or Interroga- tion it shall be the Duty of such Presiding Judge or Magistrate to inform any Prisoner about to be examined or interrogated that he cannot be compelled to answer any Questions that may be put to him; but that in the Event of his refusing or failing to answer such Questions or any of them, such Failure or Refusal may be considered and dealt with as having the Force and Effect of Replies having the most unfavorable Bearing upon the Case of the Prisoner so refusing or failing to answer.

III. Where during the Trial of any Prisoner at any Criminal Sessions such Prisoner has given Answers to the Questions or any of them put to him by the Presiding Judge it shall be the Duty of minal Sessions, such Judge to treat the said Answers as Evidence given in the Course of the Trial and to lay the same before the Jury together with such Comments and Explanation as he may deem requisite

Answers before

be treated as Evidence.

and proper.

IV. Where on the Trial or Investigation of or into any Magistrate to Criminal Charge before a Magistrate the Prisoner has given Answers to the Questions or any of them put to him by the said Magistrate, it shall be the Duty of such Magistrate to deal with the said Answers as Evidence given in the Course of the said Trial or Investigation.

Suspending Clause.

V. This Ordinance shall not come into Operation until Her Majesty's Confirmation thereof shall have been proclaimed in the Colony by the Governor.