THE COOK ISLANDS.

Dominion, Volume 4, Issue 1117, 3 May 1911, Page 6

THE COOK ISLANDS.

MODIFYING THE CRIMINAL LAW. In view of ...recent happenings at the Cook group, tho following notice which appeared in a supplement to the Gaze'tto yesterday is of .interest: — Whereas by Section 3 of an Act of the General Assembly of New Zealand intituled the Cook Islands Government Act, 1908, it was enacted that the laws iu force in the Cook Islands (including the local laws, customs, arid.usages ot the. native .inhabitants, in so far as the same wero hot repugnant to the general principles of humanity) should continue until other provision was made. Provided that his Excellency the Governor might by Order-in-Council direct that any of tho laws in for.'e in the said islands should be modified or repealed: And whereas in the islands a High Court has been established, and whereas by Section 2 of an Act passed by Ihe Parliament of tho islands intituled "An Act to provide for the Punishment of Offenders," it was enacted that the New Zealand Criminal Code Act, 1893, should bo adopted as the criminal law of the said. islands: And whereas it is. expedient that tho criminal law . in force in the said islands should bo niodified so as to adapt it to. the conditions and circumstances of the said islands and the' inhabitants thereof: His Excellency directs that the provisions of the cririiinal law relating to the procedure to bo followed in the trial of persons accused of any crime before the High Court, which are. contained in the. said Criminal Code Act; 1893; bo modified to the extent provided in the schedule hereto. Tho schedule reads:— 1. It shall not bo necessary . when a person is accused before, tho High Court of- a crinio alleged to have been committed in the said islands to hold any preliminary inquiry before a magistrato or justices, but he shall bo formally charged. »with .;the. said crMnc before the said Court, and remanded or held to bail to appear before that Court upon a dato and at a timo arid place to bo fixed by tho said Court.

2. It .shall not. be .necessary to take depositions, but if any inquiry has been held into, the matter under any law. in fprco in tho said islands or by any person holding an official position in the said islands, a copy, in writing of. the .statements mado by all persons giving evidence before any. such inquiry shall be given to the person so charged in amplo time to allow him to .prepare a defence.

3/ It shall not be necessary to summon a- Grand Jury for the purpose of presenting an indictment against any person so charged, but any person authorised in that behalf • either by his Excellency the Governor, or by the Resident Commissioner, of the Islands, or by tho Chief Justice .of the said. Court, may prepare and present an indictment before the said Court, charging the person so accused with tho crime in respect of which he has been, remanded to stand his trial. .

, ■!. Such indictment may bo in any form which in tho opinion of tho said Court is calculated to. givn -the person so charged fair and reasonable notice of the. crime with, which, ho is charged.-

5. Wherever a person of European oxIraction is so clnrgod with any crime, all male poisons of European extraction, and of good fame and character, between the ages of 21 and CO years, who are residing on the island where tho trial is to bo held, and who are British subjects, shall be summoned to attend the said court on tho date and at tho timo fixed for the trial of any such parson, and shall constitute tho jury panel from which a jury of six, as provided by Section 22 of the High Court. Act. 18!)8,. may be empanelled for the trial of any such person.