1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

919

or the lue or of the

ars of

ms it

Il be

the

lict-

rial,

the

the

eto

be

Plea.

33. In any plea of autrefois convict or autrefois acquit it shall be Form of plea of autrefois sufficient for the accused person to state that he has been lawfully convict or convicted or acquitted, as the case may be, of the offence charged in acquit. the indictment.

Inspection of Property, etc.

property by

34. Either party shall be at liberty to apply to the Court or a Inspection of Judge for a rule or order for the inspection, by himself or by his party or witnesses, of any real or personal property, the inspection of which witnesses. may be material to the proper determination of the issue; and it shall be lawful for the Court or Judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the Court or Judge may direct.

for attend-

35. It shall be lawful for the Court or a Judge to make such rules Rule or order or orders as may be necessary to procure the attendance of a special ance of jury. or common jury for the trial of any case depending in the Court, at such time and place and in such manner as the Court or Judge may think fit.

as

3

Witnesses.

subpana for

*

36.-(1) The subpæna, or process of the Court for procuring the Suing out of attendance of any person to give evidence in any case who has not witness. been bound by recognizance to appear before the Court to give evidence in such case, or, where the production of documents is required, the subpæna duces tecum, shall be sued out of the Registrar's office by the Crown Solicitor, or, where the prosecution is at the instance of a private person, by the prosecutor or his solicitor, or by the accused person or his solicitor, as the case may be.

(2) Every such subpana shall be issued in the name of the King and shall be tested in the name of the Chief Justice.

(3) The names of four witnesses may be inserted in one subpœna, and they shall be described therein with such certainty that the bailiff may be able readily to find them; and the form of the subpana shall, as near as may be, be according to the like form used in the Supreme Court in civil cases.

(4) The party obtaining the subpœna shall at the same time make out and give to the Registrar as many copies as there are persons to

* As amended by No. 51 of 1911.

Page 10

Page 11

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CRIMINAL PROCEDURE. No. 9 of 1899. 919 or the lue or of the ars of ms it Il be the lict- rial, the the eto be Plea. 33. In any plea of autrefois convict or autrefois acquit it shall be Form of plea of autrefois sufficient for the accused person to state that he has been lawfully convict or convicted or acquitted, as the case may be, of the offence charged in acquit. the indictment. Inspection of Property, etc. property by 34. Either party shall be at liberty to apply to the Court or a Inspection of Judge for a rule or order for the inspection, by himself or by his party or witnesses, of any real or personal property, the inspection of which witnesses. may be material to the proper determination of the issue; and it shall be lawful for the Court or Judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the Court or Judge may direct. for attend- 35. It shall be lawful for the Court or a Judge to make such rules Rule or order or orders as may be necessary to procure the attendance of a special ance of jury. or common jury for the trial of any case depending in the Court, at such time and place and in such manner as the Court or Judge may think fit. as 3 Witnesses. subpana for * 36.-(1) The subpæna, or process of the Court for procuring the Suing out of attendance of any person to give evidence in any case who has not witness. been bound by recognizance to appear before the Court to give evidence in such case, or, where the production of documents is required, the subpæna duces tecum, shall be sued out of the Registrar's office by the Crown Solicitor, or, where the prosecution is at the instance of a private person, by the prosecutor or his solicitor, or by the accused person or his solicitor, as the case may be. (2) Every such subpana shall be issued in the name of the King and shall be tested in the name of the Chief Justice. (3) The names of four witnesses may be inserted in one subpœna, and they shall be described therein with such certainty that the bailiff may be able readily to find them; and the form of the subpana shall, as near as may be, be according to the like form used in the Supreme Court in civil cases. (4) The party obtaining the subpœna shall at the same time make out and give to the Registrar as many copies as there are persons to * As amended by No. 51 of 1911. Page 10 Page 11
Baseline (Original)
CRIMINAL PROCEDURE. No. 9 of 1899. 919 or the lue or of the ars of ms it Il be the lict- rial, the the eto be Plea. 33. In any plea of autrefois convict or autrefois acquit it shall be Form of plea of autrefois sufficient for the accused person to state that he has been lawfully convict or convicted or acquitted, as the case may be, of the offence charged in acquit. the indictment. Inspection of Property, etc. property by 34. Either party shall be at liberty to apply to the Court or a Inspection of Judge for a rule or order for the inspection, by himself or by his party or witnesses, of any real or personal property, the inspection of which witnesses. may be material to the proper determination of the issue; and it shall be lawful for the Court or Judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the Court or Judge may direct. for attend- 35. It shall be lawful for the Court or a Judge to make such rules Rule or order or orders as may be necessary to procure the attendance of a special ance of jury. or common jury for the trial of any case depending in the Court, at such time and place and in such manner as the Court or Judge may think fit. as 3 Witnesses. subpana for * 36.-(1) The subpæna, or process of the Court for procuring the Suing out of attendance of any person to give evidence in any case who has not witness. been bound by recognizance to appear before the Court to give evidence in such case, or, where the production of documents is required, the subpæna duces tecum, shall be sued out of the Registrar's office by the Crown Solicitor, or, where the prosecution is at the instance of a private person, by the prosecutor or his solici- tor, or by the accused person or his solicitor, as the case may be. (2) Every such subpana shall be issued in the name of the King and shall be tested in the name of the Chief Justice. (3) The names of four witnesses may be inserted in one subpœna, and they shall be described therein with such certainty that the bailiff may be able readily to find them; and the form of the subpana shall, as near as may be, be according to the like form used in the Supreme Court in civil cases. (4) The party obtaining the subpwna shall at the same time make out and give to the Registrar as many copies as there are persons te * As amended by No. 51 of 1911. Page 10Page 11
2026-05-03 02:17:53 · Baseline
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CRIMINAL PROCEDURE.

No. 9 of 1899.

919

or the lue or of the

ars of

ms it

Il be

the

lict-

rial,

the

the

eto

be

Plea.

33. In any plea of autrefois convict or autrefois acquit it shall be Form of plea

of autrefois sufficient for the accused person to state that he has been lawfully convict or convicted or acquitted, as the case may be, of the offence charged in acquit. the indictment.

Inspection of Property, etc.

property by

34. Either party shall be at liberty to apply to the Court or a Inspection of Judge for a rule or order for the inspection, by himself or by his party or witnesses, of any real or personal property, the inspection of which witnesses. may be material to the proper determination of the issue; and it shall be lawful for the Court or Judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the Court or Judge may direct.

for attend-

35. It shall be lawful for the Court or a Judge to make such rules Rule or order or orders as may be necessary to procure the attendance of a special ance of jury. or common jury for the trial of any case depending in the Court, at such time and place and in such manner as the Court or Judge may think fit.

as

3

Witnesses.

subpana for

*

36.-(1) The subpæna, or process of the Court for procuring the Suing out of attendance of any person to give evidence in any case who has not witness. been bound by recognizance to appear before the Court to give evidence in such case, or, where the production of documents is required, the subpæna duces tecum, shall be sued out of the Registrar's office by the Crown Solicitor, or, where the prosecution is at the instance of a private person, by the prosecutor or his solici- tor, or by the accused person or his solicitor, as the case may be.

(2) Every such subpana shall be issued in the name of the King and shall be tested in the name of the Chief Justice.

(3) The names of four witnesses may be inserted in one subpœna, and they shall be described therein with such certainty that the bailiff may be able readily to find them; and the form of the subpana shall, as near as may be, be according to the like form used in the Supreme Court in civil cases.

(4) The party obtaining the subpwna shall at the same time make out and give to the Registrar as many copies as there are persons te

* As amended by No. 51 of 1911.

Page 10Page 11

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