ACCESSORIES AND ABETTORS ORDINANCE, 1865

ACCESSORIES AND ABETTORS ORDINANCE, 1865

No. 3 of 1865.

An Ordinance to consolidate and amend the laws relating
to accessoreis to and abettors of indictable offences.

[14th June, 1865.]

1. This Ordinance may be cited as the Accesories and
Abettors Ordinance, 1865.

Accessoreis before the fact.

2. Every person who becomes an accessory before the facts
to any felony, whether the same is a felony at common law
or by virtue of any Ordinance, may be indicted, tried, con-
victed, and punished in all respects as if he were a principal
felon.

3. Every person who counsels, procures, or commands any
other person to commit any felony, whether the same is a
felony at common law or by virute of any Ordinance, shall
be guilty of felony, and may be indicted and convicted
either as an accessory before the fact to the principal felony,
together with the principal felon, or after the convictio of
the principal felon, or may be indicted and conivicete of a
substantive felony, whether the principal felon has or has
not been previously convicted or is or is not amenable to
justice, and may therupon be punished in the same manner
as any accessory before the fact to the same felony, if con-
victed as an accesory, may be punished.

Accessories after the fact.

4. Every person who becomes an accessory after the fact
to any felony, whether the same is a felony at common law
or by virtue of any Ordinance, may be indicted and convicted
either as an accesory after the fact to the princial felony,
together with the principal felon, or after the conviction of
the principal felon, or may be indicted and convicted of a
substantive felony, whether the principal felon has or has
not been previously convicted or is or is not amenable to
justice, and may thereupon be punished in like manner as
any accessory after the after to the same felony, if convicted
as an accessory, amy be punished.

* As amended by Law Rev. Ord., 1923.





5. Every accessory after the fact to any felony (except
where it is otherwise specially enacted), whether the same
is a felony at common law or by virtue of any Ordinance,
shall be liable to imprisonment for any term not exceeding
two years, and it shal be lawful for the court to require the
offender to ente into his own recognizances and to find
sureties, both or either, for keeping the peace, in addition to
such punishment: Provided that no person shall be impris-
oned under this section for not finding sureties for any
period exceeding one year.

Accessories generally.

6. If any principal offender is in anywise convicted of any
felony, it shall be lawful to proceed against any accessory,
either before or after the fact, in the same manner as if such
principal felon had been attainted thereof, notwithstanding
such principal felon may die, or be pardoned, or otherwise
deliveed before attainder; and wvery such accessory shall, on
conviction, suffer the same punishmnt as he would have
suffered if the principal had been attainted.

7. Any number of accessories at differenc times to any
felony, and any number of receivers at different times of
property stolen at one time, may be charged with substan-
tive flonies in the same indictment and may be tried together,
notwithstanding the principal felon is not included in the
same indictment or is not in custody or amenable to justice.

8. Every person who aids, abets, counsels, or procures the
commisision of any misdemeanor, whether the same is a mis-
demeanor at common law or byu virtue of any Ordinance,
shall be liable to be indicted, tried and punished as a
principal offender.
[Originally No. 5 of 1865. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 94. Accessory before the fact may be indicted, etc., as principal. 24 & 25 Vict.c. 94, s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon. 24 & 25 Vict.c. 94, s.2. Accessory after the fact may be indicted, etc., as such or as substantive felon. 24 & 25 Vict.c. 94, s. 3. Punishment of accessory after the fact. 24 & 25 Vict.c. 94, s. 4. Prosecution of accessory after conviction of principal offender. 24 & 25 Vict.c. 94, s. 5. Several accessories may be included in same indictment. 24 & 25 Vict.c. 94, s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. 24 & 25 Vict.c. 94, s. 8.

[Originally No. 5 of 1865. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 94. Accessory before the fact may be indicted, etc., as principal. 24 & 25 Vict.c. 94, s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon. 24 & 25 Vict.c. 94, s.2. Accessory after the fact may be indicted, etc., as such or as substantive felon. 24 & 25 Vict.c. 94, s. 3. Punishment of accessory after the fact. 24 & 25 Vict.c. 94, s. 4. Prosecution of accessory after conviction of principal offender. 24 & 25 Vict.c. 94, s. 5. Several accessories may be included in same indictment. 24 & 25 Vict.c. 94, s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. 24 & 25 Vict.c. 94, s. 8.

https://oelawhk.lib.hku.hk/items/show/1071

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