1964_MAGISTRATES_ORDINANCE — Page 57

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CAP. 227]

Magistrates

[1988 Ed.

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(2) Where the magistrate has given the warning required by subsection (1)(d) the clerk of the court shall give the accused written notice of the provisions of section 65D of the Criminal Procedure Ordinance (Cap. 221).

(Added, 48 of 1983, s. 3)

Depositions and exhibits after committal

86. (1) There shall be transmitted to the Registrar as soon as may be after the committal of the accused--

(a) the written charge;

(b) in the event of a committal under section 80C(4) or 81B(2), the documents handed in by the prosecutor under section 80C(1);

(c) in the event of a committal under section 81B(2), a certificate signed by the magistrate that he has observed the requirements of that section;

(d) in the event of a committal under section 85(2), the depositions of the prosecutor and the witnesses, including witnesses (if any) called by the accused, the statements (if any) admitted, or deemed to be admitted, in evidence on behalf of the prosecution, the statement of the accused and his evidence (if any), certificates signed by the magistrate stating that he has observed the requirements of sections 82, 83 and 85(2), a statement as to the witness orders or conditional witness orders made under section 84 and the recognizances of the bail, if any, any documents which have been produced in evidence, and a list, signed by the magistrate, of all exhibits produced in evidence;

(e) a certificate signed by the magistrate stating that he has observed the requirements of section 85A; and

(f) where the magistrate has made an order under section 87A(2), a statement to that effect,

together with as many copies thereof, certified by the magistrate, as the Registrar may require; and a copy similarly certified shall at the same time be transmitted to the Attorney General:

Provided that the Attorney General may waive his right to receive any document or class of documents served under section 80B(1). (Replaced, 48 of 1983, s. 3)

(2) An accused committed for trial shall, on application by himself or by his solicitor made on his behalf, be furnished free of charge before his trial with one copy of such depositions, documents and list relating to his case as are referred to in subsection (1): (Amended, 48 of 1983, s. 3)

Provided that nothing in this subsection shall entitle an accused to receive a copy of any document which has been served on him under section 80B(1). (Added, 48 of 1983, s. 3)

(3) If the accused or his solicitor notify the magistrates' clerk in writing of such requirement, further copies of all or any of the documents referred to in subsection (1) shall be supplied on payment of 15 cents for each folio of 72 words.

(4) All exhibits other than documentary exhibits shall, unless the magistrate otherwise directs, be taken charge of by the Commissioner of Police and

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