1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 221]

Criminal Procedure.

[s. 40 cont.] 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.

Procedure

aa to accused person and sureties.

(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. [41

41. 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.

[41A

General mode of trial.

Trial at bar.

Saving of right of Attorney General

to file

information for misdemeanor.

PART III.

PROCEEDINGS AT TRIAL.

Mode of trial.

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

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

43. On motion made by the Attorney General, a judge shall order that the trial of any indictment shall be had at bar, that is to say, by and before two judges and a jury, and such trial shall be had accordingly.

44. (1) Nothing in this Ordinance shall affect the right of the Attorney General to file any information in the court against any person for misdemeanor.

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CAP. 221] Criminal Procedure. [s. 40 cont.] 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. Procedure aa to accused person and sureties. (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. [41 41. 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. [41A General mode of trial. Trial at bar. Saving of right of Attorney General to file information for misdemeanor. PART III. PROCEEDINGS AT TRIAL. Mode of trial. 42. (1) Every person to be tried before the court shall be tried on an indictment. (2) Subject to the provisions of section 43 such trial shall be had by and before a judge and a jury. 43. On motion made by the Attorney General, a judge shall order that the trial of any indictment shall be had at bar, that is to say, by and before two judges and a jury, and such trial shall be had accordingly. 44. (1) Nothing in this Ordinance shall affect the right of the Attorney General to file any information in the court against any person for misdemeanor. 152

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CAP. 221] Criminal Procedure. [s. 40 cont.] 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. Procedure aa to accused person and sureties. (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. [41 41. 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 man- ner, 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. [41A General mode of trial. Trial at bar. Saving of right of Attorney General to file information for mis- demeanor. PART III. PROCEEDINGS AT TRIAL. Mode of trial. 42. (1) Every person to be tried before the court shall be tried on an indictment. (2) Subject to the provisions of section 43 such trial shall be had by and before a judge and a jury. 43. On motion made by the Attorney General, a judge. shall order that the trial of any indictment shall be had at bar, that is to say, by and before two judges and a jury, and such trial shall be had accordingly. 44. (1) Nothing in this Ordinance shall affect the right of the Attorney General to file any information in the court against any person for misdemeanor. 152

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CAP. 221]

Criminal Procedure.

Procedure

aa to accused person and sureties.

41. 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 man- ner, 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.

[41A

General mode of trial.

Trial at bar.

Saving of right of Attorney General

to file

information for mis- demeanor.

PART III.

PROCEEDINGS AT TRIAL.

Mode of trial.

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

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

43. On motion made by the Attorney General, a judge. shall order that the trial of any indictment shall be had at bar, that is to say, by and before two judges and a jury, and such trial shall be had accordingly.

44. (1) Nothing in this Ordinance shall affect the right of the Attorney General to file any information in the court against any person for misdemeanor.

1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 18

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