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THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.
Other crimes and offences above the degree of misdemeanor, tried before the Judge, Assistant Judge, or Law Secretu of the Supreme Court, and not heard and determined in a summary way, shall be tried with a jury.
Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, may be tried with a jury where the Judge, Assistant Judge, or Law Secretary so directs.
Subject to the foregoing provisions, such classes of criminal cases tried before the Judge, Assistant Judge, or Law Secretary of Supreme Court, as the Judge, having regard to the law and practice existing in England, from time to tine directs, shall be heard and determined in a summary way.
60. Where any person is sentenced to suffer the punishment of death, the Judge of the Supreme Court shall forthwith send a report of the sentence, with a copy of the minutes of proceedings and notes of evidence in the case, and with as: observations the Judge thinks fit, to Her Majesty's Minister in China or in Japan, according as the crime is committed i China or in Japan,
The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his hand.
In any such case,
if Her Majesty's Minister in China or in Japan (as the case may be) does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person convicted, and the person convicted shall be liable to be so punished accordingly.
70. Where the crime or offence with which any person is charged before a Provincial Court is any crime or offence other than assault endangering life, cutting, maiming, arson, or house-breaking, and appears to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for a term not exceeding three months, or by a fine not exceeding 200 dollars, the Court shall hear and determine the case in a summary way and without Assessors.
In other cases the Court shall hear and determine the case on indictment and with Assessors (subject to the provisions of this Order respecting inability to obtain an Assessor).
71. A Provincial Court may impose the punishment of imprisonment for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 1,000 dollars, or the punishment of a fine not exceeding 1,000 dollars, without imprisonment.
72. Where the crime or offence with which any person is charged before a Provincial Court appears to the Court to be such that, if proved, it would not be adequately punished by such punishment as the Court has power to impose, and the accused is not to be sent for trial to Her Majesty's dominions, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.
The Provincial Court shall take the depositions, and forthwith send them, with a minute of other evidence, if any, and a report on the case, to the Supreme Court.
The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly,
73. Every Court and authority in imposing and inflicting punishments, and Her Majesty's Ministers in China and Japan in directing what punishment is to be inflicted in lieu of the punishment of death, shall have regard, as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of England in like cases, and to the mode in which the same are inflicted in England.
74. Any Court (but, in the case of a Provincial Court, subject to the approval of the Supreme Court), may order any person convicted before it of any crime or offence to pay all or any part of the expenses of or preliminary to his trial and of his imprisonment or other punishment.
75. Where it appears to any Court that any charge made before it is malicious, or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge.
70. In either of the two last-mentioned cases, the amount ordered to be paid shall be deemed a debt due to the Crown, and may, by virtue of the order, without further proceedings, be levied on the property of the person convicted or making the charge, as the case may be.
77. Where any punishment has been awarded by the Supreme or any other Court, then, if the circumstances of the case make it just or expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secretaries of State, or to Her Majesty's Minister in China or in Japan (according as the crime or offenes was committed in China or Japan), recommending a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made.
But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recommendation of that Court, or on the dissent of an Assessor (if any) from the conviction or from the amount of punishment awarded.
78. The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause any offender convicted before any Court and sentenced to imprisonment to be taken to and imprisoni at any place in China or in Japan from time to time approved by one of Her Majesty's Principal Secretaries of State as a plece of imprisonment for offenders.
A warrant of the Supreme Court shall be sufficient authority to the governor or keeper of such place of imprisonment e other person to whom it is directed to receive and detain there the person therein named, according to the warrant.
79. Where any offender convicted before a Court in China or in Japan is sentenced to suffer imprisonment in respert the crime or offence of which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty dominions, the offender may (under The Foreign Jurisdiction Act, section 5,) be sent for imprisonment to Hongkong.
The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and seal and the seal of t Supreme Court, causo the offender to be taken to Hongkong in order that the sentence passed on him may be there cars. into effect accordingly.
80. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, se the Secretary of State a report of the sentence passed by the Judge, Assistant Judge, or Law Secretary of the Court in ease not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and Judge may send with such report any observations he thinks it.
Every Provincial Court shall forthwith send to the Judge of the Supreme Court a report of the sentence passed by it every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evi and with any observations the Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Ma Principal Secretaries of State, transmit the same to the Secretary of State, and may send therewith any observations lie thi
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