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THE HONGKONG GOVERNMENT GAZETTE, 6TH APRIL, 1872.

HONGKONG.

ANNO TRICESIMO QUINTO VICTORIA REGINE.

SIR RICHARD GRAVES MACDONNELL, K.C.M.G., &C.B., Governor and Commander-in-Chief.

No. 3 of 1872.

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

[5th April, 1872.]

Title.

WHEREAS 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. It shall be lawful for any Judge of the Supreme Court pre- Presiding siding at any Criminal Sessions to be hereafter holden in this Judge at Cri- Colony and before whom any Prisoner is tried for the Commission minal Sessions of any Crime or Offence whatsoever and for any Magistrate by and

and Magistrate before whom any Trial or Investigation is conducted of or into any gate Prisoners.

may interro- 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.

II. Before entering upon any such Examination or Interroga- Effect of not tion it shall be the Duty of such Presiding Judge or Magistrate to answering inform any Prisoner about to be examined or interrogated that he Questions. cannot be compelled to answer any Questions that may be put to

him.

III. Where during the Trial of any Prisoner at any Criminal Answers to be Sessions such Prisoner has given Answers to the Questions or any treated as Evi- of them put to him by the Presiding Judge it shall be the Duty of dence, when such Judge to treat the said Answers as Evidence given in the minal Sessions.

given at Cri- Course of the Trial and to lay the same before the Jury together with such Comments and Explanation as he may deem requisite

and proper.

Evidence.

IV. Where on the Trial or Investigation of or into any Answers before Criminal Charge before a Magistrate the Prisoner has given Magistrate to Answers to the Questions or any of them put to him by the said he treated as 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.

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

Passed the Legislative Council of Hongkong, this 5th Day of April, 1872.

L. D'ALMADA e Castro,

195

Clerk of Councils.

HONGKONG.

ANNO TRICESIMO QUINTO VICTORIA REGINE.

SIR RICHARD GRAVES MACDONNELL, K.C.M.G., & C.B., Governor and Commander-in-Chief.

No. 4 OF 1872.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make Provision for the Branding and Punish- ment of Criminals in certain Cases.

Title.

[5th April, 1872.] HEREAS Crime has greatly increased since the Branding Preamble,

W of Criminals on accepting Conditional Pardons, and since the

Punishment of Flogging for returning to the Colony in violation of the Conditions of such Pardons, have been discontinued: Be it therefore enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-