1923_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

893

Postponement of trial.

to witnesses.

41.-(1) In any case where the trial of an accused person is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of every witness who was bound by recognizance to attend and give evidence at the trial, accordingly; and in such case every such witness shall be bound to attend and give evidence at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to attend and give evidence at the time and place to which such trial has been postponed.

(2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the court to which the case is postponed will commence.

person and

*

41A. In any case where the trial of an accused person is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of the accused person and his surety or sureties, if any, accordingly; and in such case the accused person shall be bound to appear to be tried at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to appear and be tried at the time and place to which such trial has been so postponed.

PART III.

PROCEEDINGS AT TRIAL.

Mode of trial.

42.-(1) Every person to be tried before the court shall be tried on an indictment.

General mode of trial.

1887.]

*

(2) Subject to the provisions of section 43, such trial shall be had by and before a judge and a jury.

* As amended by Law Rev. Ord., 1924.

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CRIMINAL PROCEDURE. No. 9 of 1899. 893 Postponement of trial. to witnesses. 41.-(1) In any case where the trial of an accused person is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of every witness who was bound by recognizance to attend and give evidence at the trial, accordingly; and in such case every such witness shall be bound to attend and give evidence at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to attend and give evidence at the time and place to which such trial has been postponed. (2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the court to which the case is postponed will commence. person and * 41A. In any case where the trial of an accused person is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of the accused person and his surety or sureties, if any, accordingly; and in such case the accused person shall be bound to appear to be tried at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to appear and be tried at the time and place to which such trial has been so postponed. PART III. PROCEEDINGS AT TRIAL. Mode of trial. 42.-(1) Every person to be tried before the court shall be tried on an indictment. General mode of trial. 1887.] * (2) Subject to the provisions of section 43, such trial shall be had by and before a judge and a jury. * As amended by Law Rev. Ord., 1924. Page 10 Page 11
Baseline (Original)
CRIMINAL PROCEDURE. No. 9 of 1899. 893 Postponement of trial. to witnesses. 41.-(1) In any case where the trial of an accused person Procedure as is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of every witness who was bound by recognizance to attend and give evidence at the trial, accordingly; and in such case every such witness shall be bound to attend and give evidence at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same conse- quences in all respects, as if he were originally bound by his recognizance to attend and give evidence at the time and place to which such trial has been postponed. (2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the court to which the case is postponed will commence. person and * 41A. In any case where the trial of an accused person Procedure as is postponed from one session of the court to another, it to accused shall be lawful for the court to respite the recognizance of sureties. the accused person and his surety or sureties, if any, accordingly; and in such case the accused person shall be bound to appear to be tried at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to appear and be tried at the time and place to which such trial has been so postponed. PART III. PROCEEDINGS AT TRIAL. Mode of trial. 42.-(1) Every person to be tried before the court shall General be tried on an indictment. mode of trial. 1887.] * (2) Subject to the provisions of section 43, such trial shall [ef. No. 6 of be had by and before a judge and a jury. * As amended by Law Rev. Ord,, 1924. Page 10Page 11
2026-05-03 08:57:04 · Baseline
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CRIMINAL PROCEDURE.

No. 9 of 1899.

893

Postponement of trial.

to witnesses.

41.-(1) In any case where the trial of an accused person Procedure as is postponed from one session of the court to another, it shall be lawful for the court to respite the recognizance of every witness who was bound by recognizance to attend and give evidence at the trial, accordingly; and in such case every such witness shall be bound to attend and give evidence at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same conse- quences in all respects, as if he were originally bound by his recognizance to attend and give evidence at the time and place to which such trial has been postponed.

(2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the court to which the case is postponed will commence.

person and

*

41A. In any case where the trial of an accused person Procedure as is postponed from one session of the court to another, it to accused shall be lawful for the court to respite the recognizance of sureties. the accused person and his surety or sureties, if any, accordingly; and in such case the accused person shall be bound to appear to be tried at the time and place to which such trial may be postponed, without entering into any fresh recognizance for that purpose, in such and the same manner, and with the same consequences in all respects, as if he were originally bound by his recognizance to appear and be tried at the time and place to which such trial has been so postponed.

PART III.

PROCEEDINGS AT TRIAL.

Mode of trial.

42.-(1) Every person to be tried before the court shall General be tried on an indictment.

mode of trial.

1887.]

*

(2) Subject to the provisions of section 43, such trial shall [ef. No. 6 of be had by and before a judge and a jury.

* As amended by Law Rev. Ord,, 1924.

Page 10Page 11

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