1901_MAGISTRATES_ORDINANCE__1890 — Page 33

Repealed

Le

703

Discharge or committal of accused.

c. 42 s. 25.

No. 3.1 THE ORDINANCES OF HONGKONG: [A.D. 1890.

78. When all the evidence offered on the part of the prosecution against the accused has been heard, if the Magistrate is of opinion that it is not sufficient to put the accused upon his trial for any indictable offence, the Magistrate shall forthwith order the accused, if in custody, to be discharged as to the information then under inquiry; but if, in the opinion of the Magistrate, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the Magistrate shall, by his warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinbefore mentioned.

Informing accused of committal.

R1910.

Right of accused to copy of depositions, etc.

b. s. 27. See Ordinance No. 9 of 1899 s. 11.

77 should be renumbered as it is likely a mistake and the correct number is not available in the context, however, based on the original text, it is actually "78." which is correct. The next section is indeed "78." which is also correct, so we keep "77." as is, assuming it is a correct number in the original context, though it seems out of sequence.

77. If the Magistrate commits the accused to prison for trial, he shall inform or cause the accused to be informed thereof in the words or to the effect following:-

“A. B., you stand committed to gaol until the next Criminal Session of the Supreme Court there to take your trial."

78. When the depositions in any case sent for trial to the Court have been completed, a copy thereof, including all exhibits and any statement, shall, as soon as practicable, be forwarded from the Magistrate's Office to the Registrar for the use of the Court; and at any time before the first day of the next Criminal Session of the Court at which any accused committed to prison or admitted to bail is to be tried, the accused or his counsel may require and shall be entitled to have of and from the officer or person having the custody of the depositions copies thereof, together with copies of any such statement as aforesaid or of any questions and answers put and taken in pursuance of section 97, on which the accused has been committed or bailed, on payment of fifteen cents for each folio of seventy-two words.

Saving as to Ordinances relating to women and girls.

See Ordinance No. 4 of 1897.

PART IV.

SUMMARY TRIAL OF INDICTABLE OFFENCES.

79. Nothing in this Part shall affect the powers conferred upon Magistrates by any Ordinance for the time being in force relating to the protection of women and girls.

80.—(1.) Whenever any person is accused before a Magistrate of any indictable offence, except an offence specified in the Third Schedule to this Ordinance, the Magistrate, instead of committing the accused for trial before the Court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to be imprisoned for any term not exceeding six months, with or without hard labour, or

Third Schedule.

First Schedule: Form No. 83.

A. P. M.

Person may deal summarily with the accused under §82.