ORDINANCES Nos. 8 AND 9 OF 1872.
Criminal Procedure-Trial by Special Jury.
Carriage of Dangerous Goods.
$
4. Section 2 of Ordinance No. 7 of 1868 and section 22 of Ordinance No. 11 of 1864 are hereby repealed, and the words following shall be substituted for such last mentioned section, and shall henceforth be read as if the same had been originally inserted therein:-" After the jury in any case shall have been sworn, or charged with any prisoner, they shall be kept in some convenient place in Court apart by themselves, retirement of individual jurors for personal purposes only excepted, and then in charge of an officer of the Court, until the Chief Justice or other presiding Judge has summed up the evidence, and has left the case with the jury: Provided that in case and as often as the Court shall adjourn before the case shall have been so left with the jury, then such jury may as often as the Court shall direct be removed in charge of an officer of the Court to some convenient place there to take refreshment and rest until the Court shall reassemble; and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Court. If after the case shall have been so left to the jury, and such jury shall desire to withdraw for the purpose of considering their verdict, then they shall be kept by such officer of the Court in some convenient place apart by themselves, with power to retire alone only for personal purposes, until they are agreed upon their verdict, or be discharged therefrom by the Court; and the officer shall be sworn that he will suffer none to have access to them, or speak to them, and that he will not speak to them himself except to ask whether they are agreed upon their verdict or to communicate between them and the Court: Provided always that it shall be in the discretion of the Court in all cases to dispense with any of the foregoing provisions."
5. Section 3 of Ordinance No. 7 of 1868, is hereby repealed, and there shall be added to section 23 of Ordinance No. 11 of 1864, the words following, that is to say:- "Provided always that the Court may in all cases, in the event of any adjournment, in its discretion, allow the jury to separate for such time and subject to such conditions as to the Court may seem fit.
[Repealed by Ordinance No. 18 of 1887.]
1137
How Jury sworn
or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.
No. 9 of 1872.
An Ordinance for the Prevention of the Carriage of dangerous Goods on
board Foreign Ships without due notice.
W
[23rd July, 1872.]
WHEREAS it is expedient to extend the operation of section 329 of "The Merchant Shipping Act, 1854" to foreign ships when within the limits of this Colony: Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
1. The provision
of the 329th section of the "The Merchant Shipping Act, 1854" shall extend to foreign ships when within the limits of the Colony of Hongkong.
2. This Ordinance shall be construed with and as part of "The Merchant Shipping Act, 1854."
[Repealed by Ordinance No. 8 of 1879.]
Title.
Preamble.
Provisions as to-
carrying dangerous goods.
Ordinance to be read with Merchant Shipping Act, 1854,
ORDINANCES Nos. 8 AND 9 OF 1872.
Criminal Procedure-Trial by Special Jury.
Carriage of Dangerous Goods.
$
4. Section 2 of Ordinance No. 7 of 1868 and section 22 of Ordinance No. 11 of 1864 are hereby repealed, and the words following shall be substituted for such last mentioned section, and shall henceforth be read as if the same had been originally inserted therein:-" After the jury in any case shall have been sworn, or charged with any prisoner, they shall be kept in some convenient place in Court apart by them- selves, retirement of individual jurors for personal purposes only excepted, and then în charge of an officer of the Court, until the Chief Justice or other presiding Judge has summed up the evidence, and has left the case with the jury: Provided that in case and as often as the Court shall adjourn before the case shall have been so left with the jury, then such jury may as often as the Court shall direct be removed in charge of an officer of the Court to some convenient place there to take refreshment and rest until the Court shall reassemble; and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Court. If after the case shall have been so left to the jury, and such jury shall desire to withdraw for the purpose of considering their verdict, then they shall be kept by such officer of the Court in some convenient place apart by themselves, with power to retire alone only for personal purposes, until they are agreed upon their verdict, or be discharged therefrom by the Court; and the officer shall be sworn that he will suffer none to have access to them, or speak to them, and that he will not speak to them himself except to ask whether they are agreed upon their verdict or to communicate between them and the Court: Provided always that it shall be in the discretion of the Court in all cases to dispense with any of the foregoing provisions."
5. Section 3 of Ordinance No. 7 of 1868, is hereby repealed, and there shall be added to section 23 of Ordinance No. 11 of 1864, the words following, that is to say:- "Provided always that the Court may in all cases, in the event of any adjournment, in its discretion, allow the jury to separate for such time and subject to such conditions as to the Court may seem fit.
[Repealed by Ordinance No. 18 of 1887.]
1137
How Jury sworn
or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.
No. 9 of 1872.
An Ordinance for the Prevention of the Carriage of dangerous Goods on
board Foreign Ships without due notice.
W
[23rd July, 1872.]
HEREAS it is expedient to extend the operation of section 329 of "The Merchant Shipping Act, 1854" to foreign ships when within the limits of this Colony: Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
1. The provision
of the 329th section of the "The Merchant Shipping Act, 1854" shall extend to foreign ships when within the limits of the Colony of Hongkong.
2. This Ordinance shall be construed with and as part of "The Merchant Shipping Act, 1854."
[Repealed by Ordinance No. 8 of 1879.]
Title.
Preamble.
Provisions as to- carrying dangerous goods.
Ordinance to be read with Merchant Shipping Act, 1854,
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