709352-1868-GOVERNMENT-NOTIFICATION — Page 4

176

Attorney General to prosecute.

What Rules of Evidence to be observed.

False Witness to be Summarily punished.

Practice of the Court.

Rules and Orders to be made for Regu-

lating the Procedure of the Court.

Privilege of Barristers and Attornies.

Trial may take place

THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1868.

"in all the affairs which may belong to my Charge, and without Reference or Favor "either for Prosecutors or Prisoners, or any other Persons. So Help me God." XXV. For the Purpose of bringing any Offence under the cognizance of the High Court, an Information shall be signed by the Attorney General.

XXVI. The Rules of Evidence observed in the Supreme Court in its Criminal Jurisdiction shall, except as herein specially provided, and until otherwise provided by competent Authority in that behalf, be applicable to, and observed in, the Trial of all Questions of Fact in the High Court.

XXVII. Every Person who upon any Examination upon Oath or upon Affirmation or Declaration before the High Court shall in its Opinion have wilfully and corruptly given false Evidence shall be sentenced without further Trial to a Term of Imprisonment not exceeding Eighteen Months with or without Hard Labor.

XXVIII. The Practice of the High Court shall except where otherwise herein provided or by the Rules or Orders to be from Time to Time made and approved under the Provisions hereof, be, so far as the Circumstances of the Case will admit, according to the present Practice of the Supreme Court.

XXIX. And to the End and Intent that the Procedure and Practice of the High Court may be of the most Simple and Expeditious Character, it shall be lawful for the Chief Justice to make, and he is hereby required to make, and from Time to Time to amend all necessary Rules and Orders, for Regulating the Procedure and Practice of the Court, and generally for carrying the Provisions of this Ordinance into effect, but the same respectively shall not be deemed binding until the same shall be revised and approved of by the Legislative Council.

Barristers and Attornies shall respectively have and enjoy the like Privilege of practising before, and be subject to the like Authority of the Court as they have and enjoy, and are subject to in the Supreme Court.

XXX. Every Person who may be tried before the said High Court shall be com- before Supreme Court. mitted for trial and shall be used before the Supreme Court, unless the Attorney

General shall otherwise direct.

Commutation of

Capital Punishment. Power to flog.

Ordinances No. 9 of

1866 and

No. 12 of 1867

repealed.

Inconsistent Laws, &c., of no Force in Hongkong. Saving of Jurisdiction of Supreme Court.

Title.

Power given to the Governor to frame Orders.

XXXI. Whenever Sentence of Death shall have been pronounced by the said Supreme Court or by the said High Court upon any Prisoner, and such Sentence shall be commuted by the Governor, it shall be lawful for the Governor in Council to order that such Prisoner be Once, Twice or Thrice publicly or privately flogged in the manner and subject to the Conditions and Restrictions prescribed and imposed with respect to Flogging under Ordinance No. 12 of 1865.

XXXII. Ordinances No. 9 of 1866 and No. 12 of 1867, are hereby repealed.

XXXIII. All Local Laws, Statutes, Ordinances and Usages inconsistent with the Provisions of this Ordinance shall be and the same hereby are declared to be of no Force and Effect whatsoever within the Colony of Hongkong; Provided always that nothing herein contained shall be construed in any way to take away, abridge, or affect the Jurisdiction now exercised by the Supreme Court.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to enable the Governor to cooporate with the Chinese Authorities for the Suppression of Piracy.

Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:

I. It shall be lawful for the Governor in Council from time to time to frame such Orders to be enforced by such Fines and Penalties as the Governor in Council shall deem expedient, including Forfeiture of Vessel, for preventing all or any description of Fishing Vessels, and Trading Junks from carrying Arms or Munitions of War, including Stink Pots, and the Governor in Council shall also have Power from time to time to alter and amend such Orders or revoke the same or any part thereof: Provided that such personal Penalties, irrespective of Forfeiture of Vessel, shall not exceed in any One case a Fine of $500 or Imprisonment with or without Hard Labor for One Year."