714
Review of decision and re-hearing by Magistrate.
See Ordinance No. 9 of 1899 s. 12-4.
14. 2.3
Power to
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(5.) of the last preceding section, a written certificate, signed by such Magistrate's Clerk or Justice, that bail has been duly given shall be a good authority to the Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.
may,
Re-hearing.
96.--(1.) It shall be lawful for a Magistrate, on such grounds as he in his discretion deems sufficient, to review his decision or adjudication within seven clear days from the date thereof, (unless in the meantime an application has been made to state and sign a case under section 98 and such application is not withdrawn) and, on such review, to re-open and re-hear the case wholly or in part, and to take fresh evidence and to reverse, vary, or confirm the previous decision or adjudication.
(2.) Whenever any accused person has been committed for trial and the Attorney General has, in pursuance of any Ordinance for the time being in force, remitted the case for further investigation or to be dealt with summarily, the committing Magistrate shall re-open the case and deal with it in all respects as if the accused had not been committed for trial, and if the case is such that it may be dealt with summarily by such Magistrate, he shall so deal with it.
Examination of Accused by Magistrate.
97.---(1.) Notwithstanding anything in this Ordinance, it shall be lawful for a Magistrate, in any case in which he may deem it expedient to do so, to examine an accused person as in this section provided.
examine accused, and procedure thereon. First Schedule: Form No. 81.
2.3 of V/73
(2.) On the investigation or hearing by a Magistrate of any case in which a person is accused of the commission of a criminal offence, the Magistrate may, if he thinks fit, from time to time at any stage of the inquiry, and without previously warning the defendant or accused, examine him, and put such questions to him as he thinks necessary.
(3.) Whenever any defendant or accused is so examined as aforesaid, the whole of such examination, including every question put to him and every answer given by him, shall, where such defendant or accused is committed or is about to be committed for trial before the Court, be recorded in full and shall be shown or read to him, and he shall be at liberty to explain or add to his answer. When the whole is made conformable to what the defendant or accused declares is the truth, the record of the examination shall be attested by the signature of the Magistrate, who shall certify under his hand that it was taken in his presence and in his hearing and contains accurately the whole of the statement made by the defendant or accused. The defendant or accused shall sign or attest by his mark such record, or, if he refuses to do so, the Magistrate shall certify the fact of such refusal in writing; and the...
93. 11
...
714
Review of decision and re-hearing by Magistrate.
See Ordinance No, 9 of 1899 88. 12-4.
14. 2.3
Power to
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(5.) of the last preceding section, a written certificate, signed by such Magistrate's Clerk or Justice, that bail has been duly given shall be a good authority to the Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.
may,
Re-hearing.
96.--(1.) It shall be lawful for a Magistrate, on such grounds as he in his discretion, deem sufficient, to review his decision or adjudica- tion within seven clear days from the date thereof, (unless in the mean- time an application has been made to state and sign a case under section 98 and such application is not withdrawn) and, on such review, to re- open and re-hear the case wholly or in part, and to take fresh evidence and to reverse, vary, or confirm the previous decision or adjudication.
(2.) Whenever any
has been committed for trial and accused person the Attorney General has, in pursuance of any Ordinance for the time being in force, remitted the case for further investigation or to be dealt with summarily, the committing Magistrate shall re-open the case and deal with it in all respects as if the accused had not been committed for trial, and if the case is such that it may be dealt with summarily by such Magistrate, he shall so deal with it.
Examination of Accused by Magistrate.
97.---(1.) Notwithstanding anything in this Ordinance, it shall be Magistrate to lawful for a Magistrate, in any case in which he may deem it expedient
to do so, to examine an accused person as in this section provided.
examinc
accused, and procedure thereon.
First Sche- dule: Form No. 81.
2.3 of v/73
(2.) On the investigation or hearing by a Magistrate of any case in which a person is accused of the commission of a criminal offence, the Magistrate may, if he thinks fit, from time to time at any stage of the inquiry, and without previously warning the defendant or accused, examine him, and put such questions to him as he thinks necessary.
(3.) Whenever any defendant or accused is so examined as aforesaid, the whole of such examination, including every question put to him and every answer given by him, shall, where such defendant or accused is committed or is about to be committed for trial before the Court, be recorded in full and shall be shown or read to him, and he shall be at When the whole is made con- liberty to explain or add to his answer. formable to what the defendant or accused declares is the truth, the record of the examination shall be attested by the signature of the Magistrate, who shall certify under his hand that it was taken in his presence and in his hearing and contains accurately the whole of the statement made by the defendant or accused. The defendant or accused shall sign or attest by his mark such record, or, if he refuses to do so, the Magistrate shall certify the fact of such refusal in writing; and the
93. 11
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