1901_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1899.1

CRIMINAL PROCEDURE.

PROCEDURE.

[No. 9.

421

PART II

PROCEEDINGS PRELIMINARY TO TRIAL.

Transmission of documents relating to case.

(1) The following documents, together with a certified copy thereof, shall, as soon as may be after the committal of the accused person, be transmitted by the Magistrate to the Crown Solicitor for the use of the Attorney General, that is to say, the information, if any, the warrant of apprehension, if any, the depositions of the witnesses, the documentary exhibits thereto, the statement of the accused person, and the record of examination, if any, and the recognizances entered into.

(2) A certified copy of all such documents shall, either at the same time or as soon as possible thereafter, be transmitted by the Magistrate to the Registrar for the use of the Court.

(3) All exhibits, other than documentary exhibits, shall, unless the Magistrate otherwise directs, be taken charge of by the Police, and shall be produced by them at the trial.

(4) The transmission of documents provided for by this section shall be in substitution for the transmission thereof to the Registrar as at present provided by law.

Power to Attorney General to refer back case to be dealt with summarily.

12. If, after the receipt of the documents relating to the case, the Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the Attorney General may, if he thinks fit, at any time after such receipt, refer back such documents to the Magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper.

Power to Attorney General to refer back case for further inquiry.

13. (1) At any time after the receipt of the documents relating to the case and before the trial of the accused person, the Attorney General may, if he thinks fit, refer back such documents to the Magistrate with directions to re-open the inquiry for the purpose of taking further evidence or further evidence on a certain point or points to be specified, and with such other directions as he may think proper.

(2) Subject to any express directions which may be given by the Attorney General, the effect of any such reference back to the Magistrate shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial.

14. (1) Any direction given by the Attorney General under either of the last two preceding sections shall be in writing, signed by him, and shall be complied with by the Magistrate.

Further provisions as to referring back of case

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1899.1 CRIMINAL PROCEDURE. PROCEDURE. [No. 9. 421 PART II PROCEEDINGS PRELIMINARY TO TRIAL. Transmission of documents relating to case. (1) The following documents, together with a certified copy thereof, shall, as soon as may be after the committal of the accused person, be transmitted by the Magistrate to the Crown Solicitor for the use of the Attorney General, that is to say, the information, if any, the warrant of apprehension, if any, the depositions of the witnesses, the documentary exhibits thereto, the statement of the accused person, and the record of examination, if any, and the recognizances entered into. (2) A certified copy of all such documents shall, either at the same time or as soon as possible thereafter, be transmitted by the Magistrate to the Registrar for the use of the Court. (3) All exhibits, other than documentary exhibits, shall, unless the Magistrate otherwise directs, be taken charge of by the Police, and shall be produced by them at the trial. (4) The transmission of documents provided for by this section shall be in substitution for the transmission thereof to the Registrar as at present provided by law. Power to Attorney General to refer back case to be dealt with summarily. 12. If, after the receipt of the documents relating to the case, the Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the Attorney General may, if he thinks fit, at any time after such receipt, refer back such documents to the Magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper. Power to Attorney General to refer back case for further inquiry. 13. (1) At any time after the receipt of the documents relating to the case and before the trial of the accused person, the Attorney General may, if he thinks fit, refer back such documents to the Magistrate with directions to re-open the inquiry for the purpose of taking further evidence or further evidence on a certain point or points to be specified, and with such other directions as he may think proper. (2) Subject to any express directions which may be given by the Attorney General, the effect of any such reference back to the Magistrate shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial. 14. (1) Any direction given by the Attorney General under either of the last two preceding sections shall be in writing, signed by him, and shall be complied with by the Magistrate. Further provisions as to referring back of case
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1899.1 CRIMINAL PROCEDURE. EDURE. [No. 9. 421 PART II PROCEEDINGS PRELIMINARY TO TRIAL. of documents (1) The following documents, together with a certified copy Transmission sof, shall, as soon as may be after the committal of the accused person, relating to ransmitted by the Magistrate to the Crown Solicitor for the use of case. Attorney General, that is to say, the information, if any, the warrant pprehension, if any, the depositions of the witnesses, the documentary hibits thereto, the statement of the accused person, and the record of examination, if any, and the recognizances entered into. (2) A certified copy of all such documents shall, either at the same me or as soon as possible thereafter, be transmitted by the Magistrate to the Registrar for the use of the Court. All exhibits, other than documentary exhibits, shall, unless the Magistrate otherwise directs, be taken charge of by the Police, and shall roduced by them at the trial. (4) The transmission of documents provided for by this section shall in substitution for the transmission thereof to the Registrar as at present provided by law, Referring back of Case, Attorney General to refer back case to be- dealt with 12. If, after the receipt of the documents relating to the case, the Power to Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with ummarily, the Attorney General may, if he thinks fit, at any time after such receipt, refer back such documents to the Magistrate with directions summarily. deal with the case accordingly, and with such other directions as he may think proper. . : case for 13. (1.) At any time after the receipt of the documents relating to Power to the case and before the trial of the accused person, the Attorney General to Attorney General may, if he thinks fit, refer back such documents to the refer back Magistrate with directions to re-open the inquiry for the purpose of further king evidence or further evidence on a certain point or points to be inquiry. specified, and with such other directions as he may think proper. (2) Subject to any express directions which may be given by the torney General, the effect of any such reference back to the. gistrate shall be that the inquiry shall be re-opened and dealt with in respects as if the accused person had not been committed for trial. 14(1) Any direction given by the Attorney General under either the last two preceding sections shall be in writing, signed by him, nd shall be complied with by the Magistrate. Further provisions as to referring back of case
2026-05-02 20:49:58 · Baseline
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1899.1

CRIMINAL PROCEDURE.

EDURE.

[No. 9.

421

PART II

PROCEEDINGS PRELIMINARY TO TRIAL.

of documents

(1) The following documents, together with a certified copy Transmission sof, shall, as soon as may be after the committal of the accused person, relating to ransmitted by the Magistrate to the Crown Solicitor for the use of case. Attorney General, that is to say, the information, if any, the warrant pprehension, if

any, the depositions of the witnesses, the documentary hibits thereto, the statement of the accused person, and the record of

examination, if any, and the recognizances entered into.

(2) A certified copy of all such documents shall, either at the same me or as soon as possible thereafter, be transmitted by the Magistrate to the Registrar for the use of the Court.

All exhibits, other than documentary exhibits, shall, unless the Magistrate otherwise directs, be taken charge of by the Police, and shall

roduced by them at the trial.

(4) The transmission of documents provided for by this section shall in substitution for the transmission thereof to the Registrar as at present provided by law,

Referring back of Case,

Attorney General to refer back case to be- dealt with

12. If, after the receipt of the documents relating to the case, the Power to Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with ummarily, the Attorney General may, if he thinks fit, at

any time after such receipt, refer back such documents to the Magistrate with directions summarily.

deal with the case accordingly, and with such other directions as he may think proper.

.

: case for

13. (1.) At any time after the receipt of the documents relating to Power to the case and before the trial of the accused person, the Attorney General to

Attorney General may, if he thinks fit, refer back such documents to the refer back Magistrate with directions to re-open the inquiry for the purpose of further king evidence or further evidence on a certain point or points to be inquiry. specified, and with such other directions as he may think proper.

(2) Subject to any express directions which may be given by the torney General, the effect of any such reference back to the. gistrate shall be that the inquiry shall be re-opened and dealt with in respects as if the accused person had not been committed for trial.

14(1) Any direction given by the Attorney General under either the last two preceding sections shall be in writing, signed by him, nd shall be complied with by the Magistrate.

Further provisions as to referring back of case

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