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PROCLAMATION.

WITH reference to the Proclamation pub- lished under date, the 1st of June, 1843, the following Rules of Practice and Pro ceeding, in the Criminal and Admiralty Court of Hong-Kong, are promulgated for general information, and are to be con sidered in force from the date hereof, until the same shall be disallowed by command of Her Majesty, or shall be set aside, or modified, by competent authority.

The Friend of China & Hong Kong Gazette, SUPPLEMENT TO No. 66.—-—- -HONG-KONG, THURSDAY, JUNE 22nd, 1843.

relevant to the charge against him, in explanation or defence of his conduct; hut he is at the same time, to be warned not to say any thing that may criminate himself.

RULE 5th-Should it plainly appear to the Examining Authorities, that the alleged offence has not been committed by the person accused, or, that where committed, the offence is of so trivial a nature as not to require bail, the accused is to be discharged, leaving the matter to be investigated by the Chief or Assistant-Magistrate, or other inferior Court; but, where in the opinion of the Examining Authorities the offence is sufficiently established, and of a nature requiring the detention of the accused, he is to be kept in safe custody till the examination can be submitted to the Chief Superintendent, (or such Official Functionary as Dated at the Government-House, Hong-Kong, he may depute to act for him) for final diposal. this 20th day of June, 1843.

GOD SAVE THE QUEEN.

HENRY POTTINGER,

CHIEF SUPERINTENDENT.

SECTION I.

OF ARREST Rute 1st-No subject of her Majesty shall be trial within this jurisdiction, unless upon oath, by one or more credible per- ons before the Deputy Superintendent, fore the Chief Magistrate of Hong-Kong, or y two of her Majesty: Justices of the Peace with such an offence as would justify the individual, so charged, being, when apprehended, committed, or held to bail.

Rute 2nd Arrest may be made in two ways. First By Warrant under the hand and scal of the Authorities named in the preceding Rule. (See Appendix No. 1.)

Second-By verbal order of the Deputy Superintendent, or the Chief Magistrate of Hong Kong, or by any single Justice of the in the event of any subject of her Majesty committing (or being apparently about to com- my dangerous breach of the peace in their

presence.

RULE 3rd-All persons charged with the execution of Warrants of Arrest within this juris diction, to exercise like authority, to be entitled to like immunities, and to be liable for unlawful proceedings, to like liabilities, as persons executing the warrants of the courts of Oyer and Terminer in England.

SECTION IL

OF COMMITMENT. RETE 1st-When a person charged with crime or offence shall be arrested within this jurisdiction, he is to be as speedily as possible brought before the Authorities named in the war. rant, for examination.

RULE 2nd-Authorities conducting examing- tions, in the first instance of accused persons, are not subsequently to take part in any capacity whatever, in the trial before the court, of such

persons:

Rute 3rd. On the examination of accused persons, when arrested within this jurisdiction, the testimony and Information of all individuals having any knowledge of the alleged crime are to be carefully taken down in writing, and on oath, in the presence of, and subject to cross examination by the accused. (See end of the Appendix N. B,

RULE 4th The person accusod to be allowed to state any thing he likes, provided it be strictly

[See Appendix No. 2.]

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than twenty Grand Jurors shall be sworn at each Session. (See Appendix No.6, 7, and 8]

RULE 4th-The proceedings of the Grand Jury to be conducted generally according to the prin- ciples and practice of the courts in England, and in the finding of a True Bill on any Indictment, twelve of the jurors at least must concur. exempted from serving on the Grand (or Petty) RULE 5th The following persons may be Jury, without incurring penalties on proper repres sentation being made to the court, and claiming the immunity.

1st. Persons above sixty, and under twenty-

one years of age.

2nd. Sick Persons.

3rd. Surgeons and Physicians. 4th. Officers in the employ of Government, having other urgent Duties to attend

te.

SECTION V.

OF PROCESS.

shown, to be determined by the court. [See. Ap- pendix No, 12, and 13.]

RULE 3rd-The trial to proceed, and evidence both for the prosecution and defence to be received, and recorded, as far as local circumstances will permit, agreeable to the practice of the courts of Oyer and Terminer in England. (See Appendix No, 14.]

Rune 4th-Should it be found impossible to conalude any trial in one day, the court to exer- cise the power of adjourning without confining the jury; but in that case the jurors shall be sworn neither to speak themselves to any person except one of their own number, nor to allow (without representing it to the court) any person to speak to them, on any matter touching the trial."

RULE 5th-In the event of any person speaking to, or trying in any manner, to tamper with any jury-man, in contravention of the preceding Rule, the court will punish such person summarily by fine or imprisonment, (or both) at its discretion.

RULE 6th-In cases of illness or death of jurors, of the courts of Oyer and Terminer in England.

RULE 7th The verdict of the Petty Jury to be found and pronounced agreeable to the practice of the Courts of Oyer and Terminer in England: that is, by the unanimous voice of the Jury.

RULE 8th. The Court to have the power of remarking on the Verdict-should it see cause to do so and allowing the Jury after such remarks, to retire and reconsider their Verdict.

fined (in addition to the amount of his Recng- nizance being estreated) as laid down for Jurors in the preceding Rule. (See Appendix No. 15.]

RULE 3rd. In any urgent case where wit ably forced to leave China previous to the trial of nesses either for or against a prisoner are unavoid- such prisoner, they may be examined on oath, in presence of the prisoner, by such Official Authori- ties, or Magistrates as the Chief Superintendent shall nominate to discharge this duty; and such examination shall be recorded, and be held and taken, to be sufficient evidence on the trial to which it relates the prisoner always having the advantage of any doubt or omission, that may be discovered in such examination when it is produced before the court. [See Appendir No. 16]

RULE 1st.-Sessions to be proclaimed from time the court will proceed agreeable to the practice Court, for the furtherance of the ends of justice -

RULE 6th-Examining Authorities are to con duct their proceedings on oath [see Appendix No. 3., and are to have the like power

of sum- moning witnesses (being British subjects)

as is herein vested in the court [See Appendix No, 4., to time under the authority of the Chief Superin for Form of Summons,]

tendent, and all Subjects of her Majesty con- 7th-British subjects refusing to attend on cerned therein, or specially summoned to attend summons of examining Authorities, to be accordingly. (See Appendix No. 9.) liable to the Penalties herein after provided, for failure of attendance when summoned before the court.

SECTION III.

the

OF BAIL.

RULE 1st The Chief Superintendent, Deputy- Superintendent, or other official functionary to whom the case may be remitted, agreeable to Rule 5th of the preceding Section, to have the like power in respect to Bail as appertains by law and usage to the Court of Queen's Bench, in Eng land; and in the event of refusal, or of unneces sary delay, in the case of a bailable offence, to be hable to like penalties as Magistrates in England.

RULE 2nd. If the accused person cannot find Bail, he is to be committed by Warrant (as in the case of offences not bailable) to take his trial before the Court for the offence with which he stands charged [See Appendix No. 2, for Warrant of Committal.

RULE 2nd.The Court to have the like power, and to pursue the same method, as the Courts of Oyer and Terminer ir. England, to secure the at- tendance of defendants, or accused persons, who are not in actual custody.

RULE 3rd-Arraignment to be in the manner, and agreeable to the Rules of the Courts of Oyer and Terminer in England.

RULE 4th If the accused person refuses to plead, or confesses the fact the Court to proceed in either case agreeably to the practice of the Courts of Oyer and Terminer in England.

SECTION VI.

OF PLEAS, AND GENERAL ISSUE.

RULE 1st. Pleas to be allowed to persons accused before the Court, according to the prace tice of the Courts of Oyer and Terminer in Eng- land.

RULE 2nd-The accused shall be entitled to RULE 3rd, The principle and practice of the request any person, being a British subject (and Law of England to obtain, as far as possible [with having the e sanction of the Court) to support, on his reference to local circumstances] as to the period behalf, any plea or point of Law that the Court within which a prisoner should be placed on his may think proper to allow to be debated. trial, and likewise as to the period within which RULE 3rd. In any instance coming within the Prosecution for offences committed within the preceding Rule, the Court will be guided by, Court's jurisdiction should be instituted.

and decide with, special regard to the general authority and intention of the particular Law and Orders of Council, under which, and the objects for which, the Court has been erected.

SECTION VII.

SECTION IV.

OF PROSECUTION. RULE. 1st. In all cases coming within the jurisdiction of the Court, prosecution is to be by way only of a Bill of Indictment found by, and presented on oath by, a Grand Jury. (See Ap- pendix No. 5,)

RULE 2nd. It shall be the duty of an officer of the Court, Officer, to who is to be designated the Recording return on each Session, the names of twenty good and loyal subjects of her Majesty to act as Grand Jurors, and to do and execute all things on the part of our Sovereign Lady the Queen, which shall then be legally required of them.

RULE 3rd-Not less than fifteen, and not more

sentence is to be passed by the Chief Superintend RULE 9th-When the prisoner is found guilty,

ent in the manner laid down in the Order in Coun- cil; and when the prisoner is acquitted on the merits of the charge, he is to be instantly discharge ed, and is to be proclaimed to be for ever free, upon that accusation.

RULE 10th-But when the prisoner is acquitted on an obvious and admitted defect in the proceed ings, and the acquittal cannot be pleaded, the fresh Warrant of the Court, to be re-indicted in prisoner may be detained in safe custody by a such a manner as may meet the like ends of

Justice.

ing

SECTION VIII.

RULE 4th Citizens or subjects of Foreign States not resident on HongKong(after the island has been 'declared a British Colony) whose evidence may be necessary or desirable on any trial, are to be requested by the Recording Officer to attend the

but failing to do so. the Jury is to deliver its Ver- dict on the evidence that be adduced before it. Rechen all may where Citizens or Bubjects of Foreign States may be permanently resident on Hong-Kong the Island shall be course, be subject to the same laws and entitled to declared to be a British Colony] they will, of

the like protection of them, as her Majesty, sub- jects, and as such they will be held amenable to the authority of the court.

cases

SECTION IX.

OF REPRIEVE AND JUDGMENT. RULE 1st-In all cases demanding sentence.

amounting to capital punishment, the prisoner will be respited, and by order of the court, kept in close and solitary confinement, pending the receipt of her Majesty's pleasure.

exercise its own discretion as to Judgment and Reprieve; being guided by the principles and like powers that belong of right to the Judges of practice of the law of England, and having the

the Courts of Oyer and Terminer in England.

SECTION X.

RULE 2nd In all other cases the court will

OF THE ATTENDANCE OF JURORS

AND WITNESSES.

OF PERSONS AMENABLE TO THE COURT,, RULE 1st. Any Subject of her Majesty (not RULE 1st.—Regard being had to local circumi- specially excused under Rule 5th of Section IV.) stances, and especially to the object for which the who, having been duly summond by the Record Criminal and Admiralty Court in China, was first Officer (see Appendix No, 10), shall fail, with established by the Order in Council, of the 9t out sufficient and satisfactory cause (certified sick of December 1883, it is further declared, that for mess, for instance) to attend and perform his duties the present, and pending the receipt of Her Ma- as a Grand or Petty Juror, shall be liable to a fine at jesty's gracious pleasure, no individual belonging the discretion of the Court, of not less than twenty to Her Majesty's Naval and Land Forces in China, dollars for the first omission, or less than fifty for and who is consequently subject to Martial Law the second, which sum shall be further increased shall be considered amenable to the jurisdiction of at the pleasure of the Court, and be for the use of the Court, orshall be arraigned before it RULE 1st-The Recording Officer of the court Her Majesty the Queen; and the Court shall have RULE 2nd.---All Subjects of her Majesty, not will at every Session return a panel of not less than the power of enforcing all such fines, by confining included in the foregoing Rule, and likewise all twenty-four British subjects, to the end that twelve the parties who are to pay them, till that is done. thereof may sit as a Petty Jury, to hear and deter mine between our Sovereign Lady the Queen and court, for offences committed within the jurisdic any prisoner placed for trial at the Bar of the tion of the court [See Appendix No. 10 and 11,]

RULE 2nd-Regard being had to Local circum- stances, the prisoner shall have no privilege of peremptory challenge, but only for good cause

OF TRIAL

RULE 2nd-Any Subject of Her Majesty whose testimony may be considered necessary, may be mining or Committing Authorities (see section II.) bound over under sufficient surety, by the Exa-

to appear and give evidence at the trial, of which due notice will be communicated to such wit- nesses by the Recording Officer of the Court; and in the event of his failing to attend, he shall be

Citizens and Subjects of Foreign States perma nently residing within the Colony of Hong-Kong [so soon as it shall be declared a Possession of the

the Jurisdiction of the Court. British Crown] shall be considered amenable to

GOD SAVE THE QUEEN.

HENRY POTTINGER,

CHIEF SUPERINTENDENT.

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