JUDICIAL PROCEEDINGS (ADJOURNMENT
DURING GALE WARNINGS)
(2) Notwithstanding the provisions of subsection (1) any judicial proceedings may be continued during a gale warning and if so continued shall have full effect in law.
Resumption of adjourned judicial proceedings. 4. Any judicial proceedings adjourned by virtue of section 3 shall be resumed on the next day, which is not a public holiday, after the day on which the gale warning ceases at the time and place specified for such proceedings on the date of such adjournment under section 3.
Duration of gale warning. 5. (1) For the purposes of this Ordinance a gale warning shall—
- (a) be deemed to have commenced at the time when the Director hoists at the Royal Observatory any of the local visual storm warning signals commonly referred to as No. 5, 6, 7, 8, 9 or 10; and
- (b) be deemed to have ceased at the time when such local storm warning signals are lowered.
(2) As soon as practicable after a gale warning ceases the Director shall by notice in the Gazette declare the times at which and the days on which the gale warning commenced and ceased.
Chief Justice may adjourn judicial proceedings. 6. (1) Notwithstanding sections 3 and 4, the Chief Justice may by order provide for the adjournment and resumption of any judicial proceedings if, in his opinion, it is expedient to do so by reason of a tropical cyclone or of any circumstances arising therefrom.
(2) Any order made under subsection (1) shall be published in the Gazette as soon as practicable after the making thereof.
Attendance at adjourned hearing. 7. (1) Any person who—
- (a) being a prosecutor or witness, is bound over, by recognizance or otherwise, to appear in, or attend at, any judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment;
- (b) being a defendant or an accused, is admitted to bail or is otherwise required to appear in, or attend at, any judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment,
shall attend the adjourned hearing.
(2) Any person who is remanded in custody and is required to be produced before a court for purposes of any judicial proceedings on a day and at a time which falls within a period of adjournment shall be produced before the court at the adjourned hearing.
