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ORDINANCES Nos. 2 AND 3 OF 1872.

Nuisances.

Oral Examination of Prisoners.

Appeal in certain cases.

Incorporation of Ordinance with No. 14 of 1845.

shall be deemed to be guilty of a nuisance and shall upon the complaint to any Police Magistrate of the person so injured or annoyed, or of the owner or occupier of the buildings so endangered or of any Police constable, be liable to a fine not exceeding fifty dollars.

6. In any case when a fine shall be imposed by the Police Magistrate under the impression that the case is one contemplated by the last preceding section, it shall be lawful for the person upon whom the fine has been inflicted to appeal to the Supreme Court and if such Court shall be of opinion that the case is one which could not be made the subject of an action at law at the suit of the person injured or annoyed, or of an injunction in equity to restrain the carrying on such trade or business, such fine shall be remitted with or without costs, as the said Court may think fit.

7. This Ordinance shall be read as though incorporated with and forming part of Ordinance No. 14 of 1845.

[Repealed by Ordinance No. 10 of 1872.]

NOTE. For regulations under section 2 of the 13th April, 1872, see Gazette of same date.

For regulations under section 1, sub-section (c) of the 3rd May, 1872, see Gazette 4th of same month.

For regulations under section 4 of the 4th June, 1872, see Gazette 8th of same month.

No. 3 of 1872.

Title.

Preamble.

Presiding Judge at criminal sessions and Magistrate may interrogate prisoners.

An Ordinance to provide for the Oral Examination of Prisoners.

[5th April, 1872.]

WHEREAS it is expedient to further amend the law of 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:-

1. It shall be lawful for any Judge of the Supreme Court presiding at any criminal sessions hereafter holden in this Colony and before whom any prisoner is tried for the commission of any crime or offence whatsoever and for any Magistrate by and before whom any trial or investigation is conducted of or into any 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 and 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.