CRIMINAL PROCEDURE ORDINANCE, 1899

CRIMINAL PROCEDURE ORDINANCE, 1899

no. 9 of 1899

an ordinance to consolidate and amend the laws relating
to criminal procedure in the supreme court.

[7th July, 1899]

1. this ordinance may be cited as the criminial procedure
ordinance, 1899.

2. in this ordinance,
(a) the bailiff means the bailiff of the court and includes
any deputy of the bailiff.

(b) the court means the supreme court acting in the
exercise of its criminal jurisdiction.

(c) indictment includes any criminal information triable
by a jury.

(d) property includes goods, chattels, money, valuable
securities, and every other matter or thing, whether real or
personal, upon or with reference to which any offence may
be committed.

(e) the registrar means the registrar of the court.

[s. 3, rep no. of 1912]

* As amended by Law Rev. Ord., 1924.





PART 1.
Business of THE COURT.
4. The Registrar shall ex officio be Master of the Crown
Office.

5. (1) The ordinary session for the despatch of the
business of the court shall commence on the 18th day of
every month or, if that day is a dies non, then on the lawful
day next following:

provided always that the chief justice may, at any time,
on due notice thereof being given, change the day so
appointed:

provided further that the chief justice may, at any time.,
on due notice thereof being given, order that no session shall
be held in such month or months as he shall specify in such
order.

6. the superintendent of prisons shall, by himself or his
deputy, be in attendance at each session of the court, and
shall bring each prisoner awaiting trial before the court when
his case is called for trial, and during the continuance of the
trial shall have him under his charge and custody, and
remand him to prison, by permission or order of the court,
during the progress of the trial or on any adjournment
thereof.

7.(1) the superintendent of prisons shall, by himself
or his deputy, on the firsy day of every session of the court,
deliver in open court to the presiding judge a correct list of
all persons in his custody upon any charges of indictable
offences who have not been then tried, or upon whom
sentence has not been then passed, or who have been
committed in default of sureties to keep the peace or other-
wise, distinguishing, as accurately as may be, their names,
ages, and sexes, with dates of their respective commit-
ments and the authority under which they were respectively
committed,

(2) he shall also, by himself or his deputy, bring and
produce in open court, on such days and times of such
session as the court may direct, all such persons in his
custody as aforsaid as the court may direct him so to bring
and produce.
As amended hy No. 27 of 1913 and Law Rev. Ord., 1924,
As amended bY Law Rev. Ord., 1924.


8. the police shall afford such assistance as may be
necessary to enable the superintendent of prisons to comply
with the requirements of sections 6 and 7.

9. at the conclusion of every session of the court, the
court shall discharge all prisoners not under sentence
\ remaining in any prison who, by the law of this colony and,
in default of such provisions and so far as the same may not
extend, by the law of england, would be then entitled to
their discharge upon gaol delivery, and also all other
accused persons committed for trial at such session
and remaining untried who, by the said law, would be
entitled to such discharge; and the court may slao discharge
all prisoners remaining in any prison in default of sureties
to keep teh peace, who, in the opinion of the court, ought to
be so discharged.

10. subject to the provisions of this ordinance and of
any other enactment applicable thereto, the practice and
procedure of the court shall be, as nearly as possible, the
same as the practice and procedure in criminal causes and
matters in the high court of justice and the courts of
assize in england.

part II

proceedings preliminary to trial.

11.(1) the following documents, together with a certified
copy thereof, shall, as soon as may be after the committal of
the accused person, be transmitted by the magistrate to
the crown solicitor for the use of the attorney general, that
is to say, the information, if any, the warrant of apprehension,
if any, the depositions of the witnesses, the documentary
exhibits thereto, the statement of the accused person, and
the reocrd of his evidence, if any, and the recognizances
entered into.

(2) a certified copy of all such documents shall, either at
the same time or as soon as possible therafter, be trans-
mitted by the magistrate to the registrar fot he use of the
court.

(3) all exhibits, other than documentary exhibits, shall,
unless the magistrate otherwise directs, be taken charge of
by the police, and shall be produced by them at the trial.

as amended by law rev. ord., 1924.






Referring back of case.
12. If, after the receipt of the documents relating to the
case, the Attorney General is of opinion that the accused
person should not have been committed for trial but that the
case should have been dealt with summarily, the Attorney
General may, ,it any time after such receipt, refer back such
documents to the magistrate with directions to deal with the
case -accordingly, and with such other directions as he may
think proper.

13.-(1) At any time after the receipt of the documents
relating to the case and before the trial of the accused
person, the Attorney General may refer back such documents
to the magistrate with directions to re-open the inquiry
for the purpose of taking evidence or further evidence on a
certain point, or points to be specified, and with such other
directions as he may think proper.
(2) Subject to any express directions which inay be given
by the Attorney General, the effect of any such reference
back to the magistrate shall be that the inquiry shall be
re-opened and dealt with in all respects as if the accused
person had. not been committed for trial.

14.-(1) Any direction given by the Attorney General
under section 12 or section 13 shall be in writing, signed by
him, and shall be complied with by the magistrate.
(2) The Attorney General may at any time add to, alter,
or revoke any such direction.
(3) A copy of any such direction shall be forthwith trans-
mitted by the Attorney General to the Registrar, and shall
be filed by the Registrar with the copy of the documents in
the ease, if any, transmitted to him by the magistrate.
(4) When the Attorney General directs that a case shall
be dealt with summarily under section 12 or that an inquiry
shall be re-opened under section 13, the following provisions
shall have effect:-
(a) where the acetised person is in custody, the magistrate
may, by an order in writing under his hand, direct the
Superintendent of Prison to convey him or cause him to be
conveyed to the place where such proceedings are to be.
held, for the. purpose of being dealt with as the magistrate
may direct;
As amended by Law Rev. Ord., 1924.





(b) where the accused person is on ball, the magistrate

shall issue a summons for his attendance at the time and
place when and where such proceedings are to be held ; and
(c) thereafter the, proceedings shall be continued mider
the provision's of part III or of part IV of the magistrates
Ordinance, .1890, as the case may be.

Bail.
15. The court or a judge may at any time, on the applica-
tion of any accused person, order such person, whether he
has been committed of trial or not, to be admitted to ball,
and the recognizance of bail may, if the order so directs, be
taken bofore any magistrate or justice of the peace.

Institution of proceedings.

16. On receipt of the documents relating to the case, the
Attorne general if he sees fit to institute criminal proceed-
ings, shall institute such proceedings in the court against

the. accused person as to him may seem legal and proper.

17.----(1) The Attorney General shall not be bound to
prosecute an accused person in any ease in which he, may be
of opinion that the interests of public justice do not require
his interference.
(2) Whenever the Attorney General declines to file an
indictment against any person committed to prison for trial
for any indictable offence he may issue a warrant if form
no. 1 in the schedule to the registrar, who shall there-
upon bgy order under his hand and the seal of the court, in
form no. 2 in the schedule, direct the person in whose
custody the prisoner may be immediately to discharge him
without any fee from imprisonment in respect of the offence
mentioned in such order.

indictment

18.(1) every indictment shall be signed by the attorney
general, and shall bear date on the day when it is signed.

(2) every indictment may be in form no. 3 in the

Schedule with such additions and modifications as Illay be
necessary to adapt it to the circumstances of the particular
case.
[s. 19, rep. No. 17 of 1919.]





20. in any indictment for an offence committed on the
high seas or in foreign parts, all allegation that the person
injured was, at the time of the offence charged, in the peace,
of the King. shall be a sufficient allegation of the jurisdiction
of the court to hear and determine the case.

21. in any indictment in which it is necessary to make an
averment, as to any money or any note of the Bank of EngLand
or of any other bank, it shall be suflicient to describe such
money or bank note simply as money without specifying any
particidar coin or bank note and such allegation, so far as
regards the description of the property, shall be sustained by
proof of any amount of coin or of any bank note, although
the particular species of coin of which such amount was
composed, or the particular nature of the bank note is not
proved, and, in eases of embezzling or obtaining money or
bank notes by false pretences, by proof that the accused
person embezzled or obtained any piece of coin or any bank
note or any portion of the vahie thereof, although such piece
of coin or bank note may have been delivered to him in
order that some part of the value thereof should be returned
to the person delivering the same, or to any other person,
and such part, has been returned accordingly.
[S. 22, rep. No. 17 of 1919.]

[ss. 2.3 and 24, rep. No. 21 of 1922.]

25. In any count charging the accused person with having
been proviously convicted, It Shall be sufficient to state that
theperson was, at a certain time and place, convicted
of. an offence punishable on summary conviction or of a
felony or misdemeanor, as the case may be, without further
describing the offence.

26. No Indictment shall be held insufficient for want of
the averment of any matter unnecessary to be proved, or for It
that any person mentioned in the indictment is designated
by a name of office or other descriptive appellation instead of
his proper name, or for omitting to stale the time at which
the offence was committed in any case where timee is not of
the essence of the offence, or for stating the time imperfectly,
or for stating the offence. to have been committed on a day
subsequent to that of the indictment, or on an impossible day,
or on a day that never happened, or for want of any state-
ment of the value or price of any matter or thing, or the





amount of damage, injury, or spoil, in any case where the
value or price, or the amount of danlage, injury, Or spoil, is
not of the essence of the offence.

27. It shall be lawful for the judge to order further
particulars of any charge to be dolivered, in any Case in
which he deems it expedient to do so.

Filing and service of indictment.

28. Every indictment, when so signed as aforesaid, shall
be brought to the Registrar's office and shall be filed by him
in the court.

29.-(1) The Registrar shall indorse on or annex to every
indictment and every copy thereof delivered for service a
notice of trial, and such notice shall specify the particular
session at which the accused person will be brought to trial
on the indictment and the date of the commencement there-
of.

(2) The notice may be in Form No. 4 in the Schedule or
as near thereto as circumstances will admit.

30. The Registrar shall deliver or cause to be delivered
to the bailiff a copy of the indictment, with the notice of trial
indorsed, on the same or annexed thereto; and, if there are
more accused persons than one, then as many copies as there
are persons.

31.-(1) The bailiff shall, as soon as may be after having
received any copy of the indictment and notice of trial,
deliver to the accused person the said copy and notice.

(2) In any case where the accused person cannot be found,
the bailiff shall leave the said copy and notice with some one
of his household for him at his dwelling-house, or with some
one of his clerks for him at his counting-house or place of
business, and, if none such can be found, shall affix the said
copy and notice to the outer or principal door of his dwelling-
house.

(3) The balliff shall, at the time of service, explain to the
accused person, or to the person, if any, with whom the said
copy and notice are left, the nature and exigency thereof.





32. the abiliff shall forthewith transmit to the registrar a
return in writing, signed by him, of the time and mode of
service of the said copy and notice.

plea

33. in any plea of autrefois convict or autrefois acquit it
' shall be sufficinet for the accused person to state that he has
been lawfully convicted or acquitted, as teh case may be, of
the offence charged in the indictment,

inspection of property, etc.

34. either party shall be at liberty to apply to the court
or a judge for a rule or order for the inspection, by himself
or by his witnesses, of any real or personal property, the
inspection of which may be material to the proper determina-
tion of the issue; and it shall be lawful for the court or
judge, if it or he thinks fit, to make such rule or order , on
such terms as to costs and otherwise as the court or judge
may direct.

35. it shall be lawful for the court or a judge to make
such rules or orders as may be necessary to procure the
attendance of a special or common jury for the trial of any
case depending in the court, at such time and place and in
such manner as the court or judge may think fit.

withnesses.

36.(1) the subpoena, or process of the court for procur-
ing the attendance of any person to give evidence in any
case who has not been bound by recognizance to appear
before the court to give evidence in such case, or, where the
production of documents is required, the subpoena duces tecum,
shall be sued out of the registrar's office by the crown
solicitor, or, where the prosecution is at the instance of a
private person, by the prosecutor or his solicitor, or by the
accused person or his solicitor, as the case may be,

(2) every such subpoena shall be issued in the name of
the king and shall be tested in the name of the chief
justice.

(3) the naems of four witnesses may be inserted in one
subpoena, and they shall be descirbed therein with such
certainty that the bailiff amy be able readily to find them;






and the form of the subpoena shall, as near as may be, be
according to the kike dorm used in the supreme court in
civil cases.

(4) the party obtaining the subpoena shall at the same
time make out and give to the registrar as many copies as
there ate persons to be served therewith, and the registrar
shall deliver the original, together with the copies, to the
bailiff for service.

37. when the prosecution is at the instance of a private
person, such person or some one on his behalf shall, at the
time of obtaining the subpoena, pay into the registry the
lawful costs and charges for executing the same, together
with such further sum or sums of money as such person
intends the bailiff to give or tender to the withnesses re-
spectively for their travelling expenses.

38.(1) the abiliff shall, as soon as may be after having
received any subpoena and copy, deliver to the person named
in the subpoena the said copy.

(2) in any case where such person cannot be found, the
bailiff shall leave the said copy with some one of his house-
hold for him at his dwelling-house or with some one of his
clersk for thim at his counting-house or place of business.

(3) the bailiff shall, at the time of service, show to such
person or to the person with whom the said copy is left, as
the case may be, the original subpoena and explain to him
the nature and exigency thereof.

39. the bailiff shall, at or immediately after the time of
service, indorse on or annex tot he original subpoena a return
in writing, signed by him, of the itme and mode of service,
and shalll forthewith transmit the same to teh registrar.

40. every witness who is present when the trial of a case
is adjourned, or who has been duly notified of the time to
which such trial or further trial is so adjourned, shall be
bound to attend at such time, and, in default of so doing,
may be dealt with in the same manner as if he had failed to
attend before the court in obedience to s subpoena to attend
and give evidence.





postpenement of trial

41.(1) 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 every
withness who was bound by recognizance to attend and give
evidence at the trial, accordingly; and in such case every
such witness shall be bound to attend and give 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 conse-
guences 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.

(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.

41A. 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 insuch case the accused person shall be
bound to appear to be tried at the time and place to which
such trial may be post poned, 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
orginally bound by his recognizance to appear and be tried
at the time and place to which such trial has been so
postponed.


part III
proceedings at trial
made 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.


as amended by law rev. ord., 1924.



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
fot he attorney general to file any information in the court
against any person for misdemeanor.

(2) subject to the provisions of this ordinance or of any
other enactment, the law, practice, and procedure in respect
of any such information shall be, as nearly as may be, the
same as the law, practice, and procedure for the time being
in force in relation to informations filed by the attorney
general of england in the high court of justice, so far as
such law, parctice, and procedure are applicable to the
circumstances of this colony.

default of appearance.

45.(1) if in any case, after notice of trial has been given,
no person appears in court to prosecute or prefer the
indictment before the close of the session of the court for
which such notice was given, it shall be competent for the
accused person to move the court to discharge him therefrom,
and if he, or any other person on his behalf, has been bound
by recognizance for his appearance so to take his trial, then
that the said recognizance may be discharged,

(@) where the prosecution is at the instance of a private
person, it shall also be competent for the accused person to
move the court that the prosecutor and his sureties, if any,
shall be called on their recognizances, and, in default of his
appearance, that the same may be estreated.

(3) on any such application the court shall make such
order as it may think just.

46.(1) where it appears by the return made by the bailiff
that the copy of the indictment and notice of trial has been
duly served, and the accused person, on being thrice called
on the day appointed for trial, does not appear, a motion may
be made on behalf of the prosecution, if the accused person
has been admitted to bail, that he and his sureties, if any,
may be called on their recognizances, and, in default of his
appearance, that the same may be estreated,

(2) on any such application the court shall make such
order as it may think just.







47. where any person against whom an indictment has
been duly preferred, and who is then at large, does not
appear to plead to such indictment, whether he is under
recognizance to apper or not, the court may issue a warrant
for his apprehension.

48. outlawry in criminal cases shall be abolished.

49. if the accused person is at the time confined for some
other cause in any prison, the court or a judge may, by order
in writing, without writ of habeas corpus, direct the
superintendent of prisons to bring up the body of such
person, as often as may be required, for the purpose of the
trial, and the superintendent of prisons shall obey such order.

arraignment

50.(1) the accused person shall be placed at the bar
unfettered and not in prison clothes, unless the court sees
cause to direct otherwise.

(2) the indictment shall then be read over to him by the
registrar, and explained, if necessary, by the registrar or
the interpreter of the court; and he shall be required to plead
instantly thereto, unless he objects to the want of due service
of the indictment and notice of trial, and the court finds that
he ahs not been duly served therewith.

51. the accused person, on being arraigned, by pleading
generally the plea of not guilty, shall, by such plea, without
further form, be deemed to have put himself upon the
country for trial.

52. if an accused person, on being arraigned, stands
mute of malice or will not answer directly to the indictment,
the court shall, if it thinks fit, order the registrar to enter
a plea of not guilty on behalf of such accused person; and
the plea so entered shall have the samw force and effect as if
such accused person had actually pleaded the same.

53. where an indictment contains a count charging the
accused person with having been proviously convicted, he
shall not, at the time of his arraignment, be required to
plead to it unless he pleads guilty to the rest of the indict-


see also no. 4 of 1901

as amended by law rev. ord., 1924..






ment, nor shall such count be mentioned to the jury when
he is given in charge to them or when they are sworn, nor
shall he be tried upon it if he is acquitted on the other
counts; but, if he is convicted on any other part of the
indictment, he shall be asked whethere he has been previously
convicted as alleged or not; and if he says that he has not,
or does not say that he has been so convicted, the jucy shall
be charged to inquire into the matter as in order cases.

54. (1) no objection to an indictment shall be taken by
way of demurrer, but if an indictment does not state in
substance an indictable offence or states an offence not
triable by the court, the accused person may move the court
to quash it or in arrest of judgment.

(2) if such motion is made before the accused person
pleads, the court shall either quash the indictment or amend
it.

(3) if the defect in the indictment appears to the court
during the trial, and the court does not think fit to amend
the indictment, it may either quash the indictment or leave
the objection to be taken in arrest of judgement.

($) if the indictment is quashed, the court may direct the
accused person to be detained in custody until the termina-
tion of the session or to be released on bail, and may order
him to plead to another indictment when called on at the
same session of the court.

[ss. 55 and 56, rep. no. 17 of 1919.]

conviction for offence other than that charged.

57. if, on any trial for any felony, except murder or
manslaugther, where the indictment alleges that the accused
person did cut, stab, or wound any person, the jury are
satisfied that the accused person is guilty of the cutting,
stabbing, or wounding charged in the indictment, but are
not satisfied that he is guilty of the felony charged in the
indictment, or wounding charged int eh indictment, but are
the accused person of such felony and find him guilty of
unlawful cutting, stabbing, or wounding, and thereupon the
accused person shall be liable to be punished in the same
manner as if he had been convicted upon an indictment for
the misdemeanor of cutting, stabbing, or wounding.




58. if, on any trial for robbery, the jury are satisfied that
the accused person is guilty of an assault with intent to rob,
but are not satisfied that he is guilty of the robbery charged
in the indictment, then and in every such case the jury may
acquit the accused person of such robbery and find him
guilty of an assault with intent ot rob, and thereupon the
\ accused person shall be liable to be punished in the same
manner as if he had been convicted upon an indictment for
feloniously assaulting with intent to rob,

59. if, on any trial for burglary, stealing in a dwelling-
house, or breaking nad entering and stealing in a shop,
warehouse, or counting-house or in a builinging within the
curtilage of a dwelling-house the jury are satisfied that the
accused person is guilty of some one of the said offences, but
are not satisfied that he is guilty of the offence charged in
the indictment, then and in every such case the jury may
acquit the accused person of the offence charged in the
indictment and find him guilty of the said other offence, and
thereupon the accused person shall be liable to be punished
in the same manner as if he had convicted upon an
indictment charging him with such other offence.

60. if, on any trial any offence, the jury are satisfied
that the accused person is guilty of an attempt to commut the
offence charged in the indictment, but are not satisfied that
he is guilty of the full offence so charged, then and in every
such case the jury may acquit the accused person of such
offence and find him guilty of an attempt to commit the same,
and thereupon the accused person shall be liable to be
punished in the same manner as if he ahd been convicted
upon an indictment for attempting to commit such offence.

61. if, on any trial ofr misdemenaor, the facts given in
evidence amount to a felony, the accused person shall not be
therefore acquitted of such misdmeanor; and no person
tried for such misdemeanor shall be liable afterwards to be
prosecuted for felonayon the same facts, unless the court
thinks fit to discharge the jury from giving any veridct on
such trial and to direct the accused person may be dealt
with as if he had not been previously put on his trial for
misdemeanor.





proof of certain matters.

62. where an indictment contains a count charging the
accused person with having been proviously convicted, and
it beocmes necessary on the trial to prove such previous
conviction, a copy of the conviction for the offence punishable
on summary conviction or a certificate containing the
substance and effect only (omitting the formal part) of the
indictment and conviction for the indictable offence, as the
case may be, purporting to be signed by the officer having
the custody of the records of the court where the offender
was convicted, shall, on proof of the identity of the person,
be sufficient evidence of the said conviction, without proof of
the signature or official character of the person appearing to
have signed the same.

63. a certificate containing the substance and effect only
(omitting the formal part) of the indictment and trial for any
indictable offence, purporting to be signed by the registrar,
shall, on the trial of any indictment for perjury or subornation
of perjury, be sufficient evidence of the trial of the said
indictment, without proof of the signature or official character
of the person appearing th have signed the same.

64.(1) on the trial of any person for having received
property knowing it to be stolen or for having in his possession
stolen property, evidence may be given that there was found in
the possession of the accused person other property stolen
within the preceding period of twelve months, and such
evidence may be taken into consideration for the purpose of
proving that the accused person knew the property in respect
of which he is then being tried to be stolen.

(2) where, on the trial of any person for having received
property knowing it to be stolen or for having in his posses-
tion stolen property, evidence has been given that the stolen
property was found in his possession, then, if the accused
person has, within five years immediately preceding, been
convicted of any offence involing fraund or dishonesty,
evidence of such previous conviction may be given, and may
be taken into consideration for the purpose of proving that
the accused person knew the property which was found in
his possession to have been stolen: provided that not less
than seven days notice in writing has been given to the
accused person theat proof is intended to be given of such







previous conviction; and it shall not be necessary for the
purposes of this section to charge in the indictment the
previous conviction of the accused person.

65. on the trial of an issue on a plea of autrefois convict
or autrefois acquit, the depositions transmitted to the regis-
trar or attorney general on the former trial, together with
the judge's notes, if available, and the depositions transmitted
tot he attorney general on the subsequent charge, shall be
admissible in evidence to prove or disprove the identity of
the charges.

case punishable on summary conviction.

66.(1) if, either before or during the trial of an accused
person, it appears to the court that such person has been
guilty of an offence punishable only on summary conviction,
the court may either order that the case shall be remitted to
a magistrate with usch directions as it may think proper or
allow the case to proceed, and, in case of conviction, impose
such punishment upon the person so convicted as might have
been imposed by a magistrate and as the court may deem
propert.

(2) is shall be the duty of the magistrate to whom any
such directions are addressed to obey the same.

verdict and jdegemnt.

67.(1) no verdict of any jury against any person, and
no sentence of the court on any person, who is found guilty
of larceny, embezzlement, fraudulent applicaton or disposi-
tion of anything, or obtaining anything by false pretences
shall be set aside or reversed, if on the trial there was
evidence to prove that such person committed any one of
such offences.

(2) the punishment awarded against such person shall
no sentence of the court on any person, who is found guilty
of larceny, embezzlement, fraudulent application or disposi-
tion of anythin, or obtaining anything by false pertences
evidence to prove that such person committed any one of
such offences.

(2) the punishment awarded against such person shall
not exceed the punishment which could have been awarded
for the offence actually committed, according to the proper
legal designeation thereof, and no person so convicted shall
be liable to be afterwards prosecuted for any such offence on
the same facts.


* As amended by Law Rev, Ord., 1924.





68. no judgment shall be stayed or reversed

(1) on the ground of any defect which, if pointed out before
the jury were empanelled or during the progress of the trial,
might have been amended by the court; or

(2) because of any error committed in summoning or
swearing the jury or any of them; or

(3) because any person who has served on the jury has
not been returned by the registrar; or

(4) because of any objection which might have been stated
as a ground of challenge of any of the jurors; or

(5) because of any informality in swearing the witnesses
or any of them.

69. where the court sentences any person to undergo a
term of imprisonment for an offence, and such person is
already undergoing, or has been at the same session of the
court sentenced to undergo, imprisonment for another offence,
it shall be lawful for the court to direct that such imprison-
ment shall commence at the expiration of the term of
imprisonment which such person is then undergoing or has
been so previously sentenced to undergo, as aforesaid.

70. no confession, verdict, inquest, ocnviction, or judgment
of or for any treason or felony or felo de se shall cause any
attaineder or corruption of blood or any forfeiture or escheat.

71. it shall not be necessary in any case whatsoever when
a verdict of juilty has been returned by the jury to ask the
accused whether he has anything to say why judgment
should not be given against him, but upon a verdict of guilty
being reutrned by the jury in any case it shall be lawful for
the judge, failing any motion in arrest of judgment, forth-
with to pass sentence upon the accused.

costs and compensation.

72.(1) it shall be lawful for the court, on teh conviction
of any preson for an indictable offence, in addition to such
sentence as may otherwise by law be passed, to condemn
such person to the payment of the whole or any part of the
costs or expenses incurred in and about the prosecution and
conviction for the offence of which he is convicted.

As amended by Law Rev. Ord., 1924.
as amended by no. 10 of 1921 and law rev. ord., 1924, (the original s. 71
having been renumbered s. 41A).




(2) the payment of such costs and expenses or any part
thereof may be ordered by the court ot be made out of any
moneys taken from such person on his apprehension, or may
be enforced at the instance of any person liable to pay or
who may have paid the same in such and the same manner
as the payment of any costs ordered to be paid by judgment
or order of the supreme court in any civil action or proceed-
ing may be enforced: provided that in the meantime and
until the recovery of such costs and expenses from the person
so convicted as aforeasid or from his estate, the same shall
be paid and proveded for in the same manner as if this
ordinance had not been passed; and any money which may
be recovered in respect thereof from the person so convicted,
or from his estate, shall be applicable to the reimbursement
of any person or fund by whom or out of which such costs
and expenses may have been paid or defrayed.

73.(1) it shall be lawful for the court, on the application
of any person aggreieved and immediately after the conviction
of any person for an indictable offence, to award any sum of
money, not exceeding five hundred dollars, by way of
satisfacton or compensation for any loss of property suffered
by the applicant through or by means of the said offence.

(2) the amount awarded for such satisfaction or compen-
sation shall be deemed a judgemnt debt due to the person
entitled to receive teh same from the person so convicted,
and the order for payment of such amount may be enforced
in such and the same manner as in the case of any costs or
expenses ordered bny the court to be paid under section 72.

arraignment and trial of insane person.

74.(1) if an accused person appears, either before or on
arraignment , to be insane, the court may order a jury to be
empanelled to try the sanity of such person, and the jury
shall thereupon, after hearing evidence for the purpose, find
whether such person is or is not insane and unfit to take his
trial.

(2) if, during the trial of an accused person, such person
appeares, after the hearing of evidence to that effect or other-
wise, to the jury charged with the indictment to be insane,
the court shall in such case direct the jury to abstain from
finding a verdict upon the indictment and, in lien thereof, to
return a verdict that such person is insane; provided that

as amended by law rev. ord., 1924.







a verdict under this section shall not affect the trial of any
person so found to be insane for the offence for which he was
indicted in case he subsequently becomes of sound mind.

75. where in an indictment any act or omission is charged
against any person as an offence, and it is given in evidence
on teh trial of such person for that offence that he was insane,
so as not to be responsible, according to law, for his actions
at the time when the act was done or the omission made,
then, if it appears to the jury before whom such person is
tried that he did the act or made the omission charged, but
was insane as aforesaid at the time when he did or made the
same, the jury shall return a special verdict to the effect
that the accused person was guilty of the act or omission
charged against him, but was insane as aforesaid at the time
when he did or made the same.

76.(!) when any person is found to be insane under
the provisions of section 74, or has a special verdict found
against him under the provisions of section 75, the court shall
direct two or more medical parctitioners to be sworn to
examine the woman in some private place, either together
or successively, and to inquire whether she is iwth child of
a quick child or not, if, on the report of any of them, it
appears to the court that she is so with child, execution shall
be arrested until she is delivered of a child, or until it is no
longer possible in the course of nature that she should be so
delivered.

(2) no jury de ventre inspiciendo shall be empanelled or
sworn in any such case.

as amended by law rev. ord., 1924






part iv

proceedings subsequent to trial
reservation of question of law.

78.(1) the judge may reserve for the consideration of
the full court any question of law which may arise on the
trial of any indictment, and, in case the accused person is
convicted, may postpone judgment until such question has
been considered and decided, and in the meanwhile may
commit the person convicted to prison or take a recognizance
of bail, with or without one or more sufficient sureties, and
insuch sum as he may think fit, conditioned to appear at
such time or times as the court may direct and receive
judgment.

(2) upon the consideration of the question so reserved it
shall be lawful for the full court to affirm or to quash the
conviction or to direct a new trial, and to make such other
orders as may be necessary to give effect to its decision:
provided that the full court may, notwithstanding that it is
of opinion that the question so reserved might be decided in
favour of the convicted person, affirm the conviction if it
considers that no substantial miscarriage of justice has
actually occurred.

restitution of property

79.(1) subject as hereinafter provided, where any
person is convicted of an indictable offence, any property
found in his possession, or in the possession of any other
person for him, may be ordered by the court to be delivered
to the person who appears to the court to be entitled thereto.

(2) where any person is convicted before the court of
having stolen or dishonestly obtained any property and
it appears to the court that the same has been pawned to a
pawnbroker or other person, the court may order the delivery
thereof to the person who appears to the court ot be the
owner, either on payment or without payment to the pawn-
broker or other person of the amount of the loan or any part
thereof, as the court, according to the conduct of the
owner and the pawnbroker or other person and the other
circumstances of the case, may seem just. If the person in
whose favour any such order is made pays the money to the

as amended by no. 10 of 1921.

as amended by law rev. ord., 1924.







pawnbroker or other person under such order, and obtains
the property, he shall not afterwards question the validity of
the pawn; nut, save to that extent, no order made under
this section shall have any further effect than to charge the
possession, and no such order shall prejudice any right of
property or right of action in respect to property existing or
acquired in the goods either before or after the offence was
committed.

(3) nothting in this section shall prevent any magistrate
or the court form ordering the return to any person charged
iwth an indictable offence, or to any person named by the
magistrate or the court, of any property found in the
possession of the person so charged or in the possession
of any other person for him, or of any portion thereof, if the
magistrate or the court is of opinion that such property or
portion thereof can be returned consistently with the interests
of justice and with the safe custody or otherwise of the
person so charged.

80. where any person is convicted of larceny or of any
other offence which includes the stealing of any property,
and it appears tot he court that the convicted person has sold
the stolen property to any person and that the purchaser
had no knowledge that the same was stolen, and any money
has been taken from the convicted person on his apprehen-
sion, it shall be lawful for the court, on the application of
the purchaser and on the restitution of the stolen property
to the person injured, to order that, out of such money, a
sum not exceeding the proceeds of the sale be delivered to
the purchaser.

calendar of sentences.

81.(1) as soon as ocnveniently may be after the con-
clusion of each session, a copy of the calendar of sentences,
under the hand of a judge and the seal of the court, shall be
transmitted by the registrar to the colonial secretary.

(2) a similar copy shall also be transmitted by the
regisrtar to the superintendent of prisons, who shall record
the same, and such calendar shall be asufficient warrant for
receiving and detaining all prisoners named therein, and
for carrying into effect all sentences set forth therein, other
than sentences of death.

as amended by law rev. ord., 1924






(3) in the event of the copy of a calendar kept by the
superintendent of prisons being lost or destroyed, a fresh
copy, signed and sealed as above mentioned, shall be delivered
by the registrar to the superintendent of prisons and shall
have the same effect as the copy first given to that officer.

82.(1) at the end of each day's sitting of the court in
every session, the registrar shall deliver to the superintendent
of prisons or his deputy a certificate, in form no. 5 in the
schedule, of all sentences passed by the court during that day.

(2) such certificate shall be a sufficient warrant to the
superintendent of prisons for receiving into his custody all
prisoners named therein, and for carrying into effect all
sentences described therein, other than sentences of death,
until the calendar of sentences for that session is received by
him.

undergoing serntence, etc,

83. where any person convicted of any felony not
punishable with death has endured or shall endure the
punishment to which he ahs been or may be sentenced for
the same, the punishment so endured has nad shall have the
seal as to the felony whereof the offender was or may be so
convicted: provided that nothing herein contained, nor the
enduring of such punishment, shall prevent or mitigate any
punishment to which the offender might otherwise be lawfully
sentenced on a subsequent conviction for any other felony.

84. when any case has been finally disposed of, the crown
solicitor shall deliver to the registrar all the original
documents in the case which have been transmitted to him
by the magistrate, and documents shall be filed in the
registrar's office or otherwise dealt with as teh court may
direct.


part V

miscellaneous

ownership of property

85.(1) where, in any document in any proceeding
under this ordinance, it is necessary to state the ownership
of any property which belongs to or is in the possession of
more than one person, it shall be sufficient to name one of

as amended by law rev. ord., 1924.






such persons and to state such property to belong to the
person so named and another or others-, as the case may be.

(2) wehrer, in any such document, it is necessary to
mention, for any purpose whatsoever, any partners or other
joint owners or possessors, it shall be sufficient to describe
them iun manner aforesaid.

(3) the provisions of this section shall be construed
to extend to all joint-stock companies and associations,
societies, and trustees.

86. wherem in any such doucment, it is necessary to state
the ownership of any church, chapel, or building set apart
for religious worship, or of anything belonging to or being
in the same,it shall be sufficient to state that such church,
chapell, or building, or such thing is the property of the
clergyman, or of the officiating minister, or of the church
body or of the churchwardens of such church, chapel, or
building, without its being necessary to name him or them.

87. where, in any such doucment, it is necessary to state
the ownership of any work or building made, erected, or
maintained, either in whole or in part, at the expense of the
government, or of any city, town, or village, or of anything
belonging to or being in or used in relation to the same, or
of anything provided for the use of the poor or of any public
institution or estatblishment, or of any materials or tools
provided or used for making, altering, or repairing any such
work or building or any public road or highway, or of any
other property whatsoever of the government it shall be
sufficient to state that such property is the property of the
government, or of the city, town, or village, as the case may
be, without naming any of the inhabitants thereof.

88.(1) every married woman shall have in her own
name against all persons whomsoever, including her husband
(subject as regards her husband to the proviso hereinafter
contained) teh same remedies and redress, by way of criminal
proceedings, for the protection and security of her own
seoarate property as if such property belonged to her as an
unmarried woman.






(2) in any indictment or other proceeding under this
section, it shall be sufficient to allege the property to which
teh indictment or other proceeding relates to be teh property
oft he married woman, and in any proceeding under this
section a husband or wife shall be competent to give evidence
against each other, any statute or rule or law to the contrary
notwithstanding: prodided that no proceeding shall be taken
by any wife against her husband by virute of this section, while
they are livingtogether, as to or concerning any property
claimed by her, or , while they are living apart, as to or con-
cerning any act done by the husband, while they were living
togther, concerning property claimed by the wife, unless
such property has been wrongfully taken by the husband
when leaving or deserting, or about to leave or desert, his
wife.

89. a wife who does any act with respect to any property
of her husband, which, if done by the husband with respect
to property of the wife, would make the husband liable to
criminal pproceedings by the wife under section 88, shall in
like manner be liable to criminal proceedings by her husband,

apprehension of offenders.

90.(1) any person who is found committing an indict-
able offence may be apprehended by any person whomsoever,
without warratn.

(2) any person whosoever may, without warrant, arrest
any person on a charge of having committed an indictable
offence, if such an offence has actually been committed or if
the person arrested is being pursued by hue and cry, but
not otherwise.

(3) any person to whom any property is offered to be sold,
pawned, or delivered, and who has reasonable ground to
suspect that any indictable offence has been or is about to
be committed on or with respect to such property, may, and,
if he can, shall, without warrant, apprehend the person offer-
ingthe same and take possession of the property so offered.

(4) every person who finds any person in possession of
any property which he, on reasonable grounds, suspects to
have been obtained by means of an indictable offence may
arrest such last-mentioned person without warrant and take
possession of the property.

as amended by law rev. ord., 1924.





(5) every person who arrests any person under any of the
provisions herein contained shall (if the person making the
arrest is not himself a police officer) deliver the person so
arrested, and the property, if any, taken possession of by
him, to some police officer in order that he may be conveyed
as soon as reasobably may be before a magistrate, to be by
him dealt with according to law, or himself convey him
before a magistrare, as soon as reasonably may be, for that
purpose.

(6) nothing in this section shall affect the powers of
apprehension conferred upon constables or other persons by
any other enactment.

seizure of property,

91. any magistrate or the court may order the seizure of
any property which there is reason to believe has been
obtained by, or is the proceeds of, any indictable offence, or
into which teh proceeds of any indictable offence have been
converted, and may direct that the same shall be kept or
sold, and that the same, or the proceeds thereof, if sold,
shall be held as he or it directs, until some person establishes,
to his or its satisfaction, a right thereto., if no person
establishes such a ritht within twelve months from the
seizure, such property, or the proceeds thereof, shall become
vested int eh treasurer, and shall be disposed of accordingly.

92. any magistrate or the court may order the seizure of
any instruments, materials, or things which there is reason
to believe are provided or prepared, or being prepard, with
a view to the commission of any indictable offence, and may
direct the same to be held and dealt with in the same
manner as property seized under section 91.

93. an order mad eunder section 91 or sectio 92 may be
enforced by a search warrant.

94. if, on the aprehension of any person charged with
an indictable offence, any property is taken from him, a
report shall be made by the police to the magistrate or the
court of the fact of such property having been taken from
suc person and of the particulars of such property.

as amended by law rev. ord., 1924..







95. if, on the apprehension of any person charged with
an indictable offence, any money is taken from him, the
court may, in its discretion, in case of the conviction of such
person, order such money or any part thereof to be applied
to the payment of any costs, or costs and compensation,
directed to eb paid by such person.

probation of first offenders.

96.(1) where any person is convicted of larceny, or of
embezzlement, or of obtaining anything by false pretences,
or of any other indictable offence punishable with not more
that two years imprisonment and no previous conviction is
proved against him, if it appears to the court that, regard
being had to the youth, character, or antecedents of the
offender, tot eh trivial nature of the offence, or to any
extenuating circumstances under which the offence was
committed, it is expedient that the offender be released on
his entering into a recognizance, with or without a surety
or sureties and during such period as the court may direct,
to appear for sentence when called upon, and in the meantime
to keep the peace and be of good bahaviour.

(2) in any such case the court may, if it thinks fit, order
the offender to pay such compensation, not exceeding fifty
dollras, and such costs of the proceedings, or either of them,
as the court may think reasonable and such compensation
shall be payable to such person as the court may direct.

97. (1) if, in any such case, a magistrate or the court is
satisfied by an information in writing and upon oath, that
the offender has failed to observe any of the conditions of his
recognizance, such magistrate or the court may issue a
warrant for his apprehension.

(2) an offender, when apprehended on any such warrant,
shall, if not brought forthwith before the court, be brought
before a magistrate and the court or magistrate may either
remand him, by warrant, until the time at which he was
required by his recognizance to appear for sentence or until
the next session of the court, or may direct him to be released
on his entering into a recogizance, with or without a surety
or sureties, conditioned for his appearance to receive sentence,




(3) an offender, when remanded on any such warrant,
may be committed to prison, and the warrant of remand shall
order that he be brought before the court to be dealt with
according to law.

98. the court, before directing the release of an offender
under section 96, shall be satisfied that the sureties, if any,
have fixed places of abode or regular occupation in the
colony.

enforcing recognizance.

99.(1) the registrar shall, before teh close of the last
day's sitting of the court at each session, make out a list of
all persons bound by recognizance to appear or to do any
other thing, or who have been bound for the appearance of
any other person or for his doing any other thing, at the said
session and who have made default, or whose principal, or
other person for whom they are so bound, has made default,
to appear or to do such other thing at the said session; and
the registrar shall, if he is able to do so, state the cause why
such default has been made.

(2) the list so made out shall be examined, and, if neces-
ary, corrected and signed by the judge, and shall be delivered
byt he registrar to the bailiff.

100. a writ of execution shall beissued form the regis-
tar's pffoce against every such person who is liable on a
recognizance in respect of any such default, and shall be
delivered to the bailiff; and such writ shall be the authority
of the bailiff for levying and recovering such forfeited
recognizance on the real and personal porperty of such person
and for taking into custody the body of such person, in case
sufficient real or personal property is not found whereon levy
may be made.

101. every person who is arrested under the provisions
of section 100 shall be committed to prison and be there
kept until the next session of the court, there to abide
the decision of the court, unless in the meantime the forfeited
recognizance, or a sum of money in lieu or satisfaction thereof,
is paid, together with all costs and expenses in consequence
of his arrest and detention: provided that if any person so

as amended by law rev. ord., 1924.






arrested and imprisoned gives to the bailiff good and sufficient
bail for his appearance at the next session of the court, to
abide the decision of the court, and for the payment of the
forfeited recognizance or a sum of money in lieu or satisfac-
tion thereof, together with such costs as may be awarded by
the court, then it shall be lawful for the bailiff , and he is
hereby required, forthwith to cause such person to be dis-
charged out of custody.

102. if such person fails to appear at the next session of
the court in pursuance of his undertaking in that behalf, the
court may order that a writ of execution be issued from the
registrar's office against the surety or sureties of the person
so bound as aforesaid, and such writ shall be delivered to
the bailiff, who shall proceed as therein directed: provided
that the court may, in its discretion, order the discharge of
the whole or any part of the forfeited recognizance or of the
sum of money paid or to be paid in lieu or satisfaction thereof.

finces, forfeithures, and contempts.

103.(1) the bailiff shall, without further warrant or
authority, arrest any person upon whom any fine has been
imposed by the court, or by whom any forfeiture has been
incurred and who is adjudged to pay the same by the court,
and he shall thereuon be detained in custody in a prison
until the fine or forfeiture imposed on or incurred by him is
paid and satisfied, together with all costs and expenses in
consequence of such arrest and detention : provided that no
such imprisonment (which shall be without hard labour)
shall exceed twelve months in duration: provided also that
a judge may at any time order the discharge of any such
prisoner.

(2) the return of the bailiff, or of the superintendent of
prisons, to any writ of habeas corpus of an arrest or detainer
under any judgment or order of the court for non-payment
of any fine or forfeiture imposed or incurred as afroesaid
shall be deemed sufficient in law, provided there appears in
or is attached to such return a certificat by the registrar,
setting forth the judgemnt or order by virute of which such
arrest or detainer was made.

* As amended by Law Rev. Ord., 1924.





(3) The court of a judge shall have power to reduce or
remit any fine or forfeiture imposed by the court, or incurred
by any person in respect of the court, at any time within
three months, after such fine or forfeiture has been imposed
or incurred, provided such fine or forfeifure has not, been
already paid or satisfied.

pardon.

104. A magistrate or the court may, with the consent in
wrking of the Attorney general, order that a pardon be
granted to any person accused or suspected of, or committed
for trial for, any indictable offence, on conditionn of his giving
full and true evidence on any preliminary Inquiry or any
trial; and such order shall have effect as a pardon by the,
Governol but may be withdrawn by the magistrate or, the
court on proof that such person has withheld evidence or
given false evidence.

105. in every case where either a free or conditional
pardon is granted to any person, the discharge of the offender
in the case of a free pardon, and the performance of the
condition, in the case of a conditional pardon, shall have the
same effect as a pardon has in the like cases under the
public seal.

106.(1) whenever the governor, in the name and on
behalf of his majesty, is pleased to grant to any offender a
pardon under the public seal or to issue any warrant for the
commutation of any sentence of death, the registrar shall be
bound, on the direction of the governor to record such
pardon or warrant in the book to be kept by him for that
purpose, and to indorse such pardon or warrant with the
word recorded and with his signature.

(2) every such pardon and warrant shall be valid and
effectual for all purposes whatsoever, and it shall be the duty
of all courts, judges, magistrates, officers, and others, on
production thereof, to take notice of and to give effecgt to the
same.

107. subject as hereinbefore provided, nothing in this
ordinance shall affect his majesty's prerogative or mercy or
any prerogative of mercy vested in the governor.






Error, etc.
108. No proceeding in error shall be taken upon any trial
under the provisons of this Ordinance.
109. The practice and procedure in respect, of any charge
of or trial for treason or misprision of treason shall be, as
nearly as possible, but subject to the provisions of any enact-
ment relating to juries, the same as the practice and
porcedure in respect of a charge of or trial for a like offence
in england.

110. where, in any ordinance, or in any rules, regulation,
by-law, or order, or in any other document of whatever kind,
reference is made to an information in the court in respect of
an indictable offence, such reference shall, unless the context
otherwise requires, be taken as applying to an indictment in
the court.

111. all rules and orders of the court which are incon-
sistent with the provisions of this ordinance shall and the
same are hereby declared to be of no force or effect what-
soever.

schedule

hongkong form no. 1 [s. 17(2)]

be it remembered that his majesty's attorney general declines to
file any indictment against
upon a charge of
given under my hand this day of 19
attorney general
to the registrar of the supreme court.

form no. 2 [s. 17(2)]
[l.s.] in the supreme court of hongkong
to
whereas is detained in your custody under the
warratn of upon a charge of and whereas the
attorney general declines to file any indictment against the said
you are therefore hereby authorised and required forth-
with to discharge the said from yhour custody without
fee or reward.

given under my hand and the seal of the court the day of
19 registrar.







form no. 3
indictment
in the supreme court of hongkong
the day of at the ordinary criminal session of the supreme court
19 holden at victoria for the month of 19
[or, in case of special session, at the special cirminal
session of the supreme court holden at victoria on
the day of 19 ] the
court is informed by the attorney general, on behalf of
our lord the king, that A.B. is charged with the
following offence:

statement of offence
(as the case may be)
particulars of offence
(as the case may be)
(signed)
attorney general

and if there are more counts than one, then the various counts shall
be set out as follows;
(begin as above), that A.B. is charged with the following offences:

first count
statement of offence
(as the case may be)
particulars of offence
(as the case may be)

second count
statement of offence
(as the case may be)
particulars of offence
(as the case may be)
etc., etc
(signed) attorney general

form no. 4
notice of trial of indictment
in the supreme court of hongkong
ato A.B.

take motice that you will be tried on this indictment [or on the
indictment whereof this is a true copy] at the criminal session of the
supreme court, to be holden at victoris, in and for the colony of
hongkong, on the day of 19
(signed) attorney general



-As amended by Law Rev, Ord,, 1924.See Appendix to rules, No, 17 of 1919.

form no. 5 [s. 82.]
certificate of sentences.
in the supreme court of hongkong

to the
this is to certify that the undermentioned persons were sentenced
this day to undergo the undermentioned punishments, namely,

A.B. six months imprisonments with hard labour.
C.D. two yeras inprisonment with hard labour.

dated this day of 19 (signed) registrar

[Originally No. 13 of 1899. No. 27 of 1913. No. 17 of 1919. No. 10 of 1921. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Master of Crown Office. Ordinary and special sessions of the court. Bringing of prisoners before the court for trial. Bringing of certain classes of prisoners before the court for delivery. Assistance to be given by police. Prisoners entitled to be discharged. Procedure of the court in matters not provided for. Transmission of documents relating to case. Power to Attorney General to refer back case to be dealt with summarily. Power to refer back case for further inquiry. Further provisions as to referring back of case. Ordinance No. 3 of 1890. Power to the court or judge to bail accused person. Institution of proceedings by Attorney General. Right of Attorney General not to prosecute. Procedure in case Attorney General declines to file an indictment. Schedule. Forms Nos. 1, 2. Signing and form of indictment. Schedule. Form No. 3. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. Change of previous conviction. General provision as to matters not necessary to be alledged, etc. Power to order further particulars. Filing of indictment. Indorsement of notice of trial. Schedule. Form No. 4. Delivery of copy of indictment for service. Service of copy. Return of service. Form of plea of autrefois convict or acquit. Inspection of property by party or witnesses. Rule or order for attendance of jury. Suing out of subpoena for witness. Payments to be made by private prosecutor for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure as to witnesses. Procedure as to accused person and sureties. General mode of trial. [cf. No. 6 of 1887.] Trial at bar. Saving of right of Attorney General to file information for misdemeanor. Proceedings on non-appearance of prosecutor. Proceedings on non-appearance of accused person. Apprehension of accused person not appearing. Abolition of outlawry. Bringing up of accused person in custody for other cause. 30 & 31 Vict, c. 35, s. 10. Arraignment of accused person. Effect of plea of not guilty. Procedure where accused person on arraignment does not answer directly. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Conviction for wounding on indictment for felonious wounding. 14 & 15 Vict, c. 19, s. 5. Conviction for assault with intent to rob on indictment for robbery. Conviction for burglary on indictment for stealing in dwelling-house, etc. Conviction for attempt on indictment for full offence. 14 & 15 Vict, c. 100, s. 9. Conviction for misdemeanor although facts in evidence amount to felony. 14 & 15 Vict, c. 100, s. 12. Proof of previous conviction. 7 & 8 Geo. 4, c. 28, s. 11. Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen. Proof on trial of plea of autrefois convict or acquit. Procedure where person is committed for trial through error. Special provision for saving validity of verdict in cases of larceny, etc. Prohibition of staying or reversal of judgment on specified grounds. Cumulative sentences. 7 & 8 Geo. 4, c. 28, s. 10. Abolition of attainder. 33 & 34 Vict, c. 23, s. 1. Calling upon the accused after verdict declared unnecessary. Court may award costs against person convicted of indictable offence. 33 & 34 Vict, c. 23, s. 3. Court may award compensation to person defrauded or injured by commission of indictable offence. 33 & 34 Vict, c. 23, s. 4. Procedure where accused person appears, on arraignment or during trial to be insane. Special verdict where accused person found guilty, but insane at time of offence. 46 & 47 Vict, c. 38, s. 2(1). Provision for custody of accused person found insane. 46 & 47 Vict, c. 38, s. 2(2). Motion in arrest of execution by pregnant woman sentenced to death. Power to reserve question of law for consideration of the Full Corut. Restitution of properyt in case of conviction. Restitution of stolen property by purchaser thereof. 30 & 31 Vict, c. 35, s. 9. Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day's sitting. Schedule. Form No. 5. Effect of undergoing sentence for felony not punishable with death. 9 Geo, 4. C. 32, s. 3. Filing of original documents. Mode of stating ownership of property of partners, etc. 7 Geo. 4, c. 64, s. 14. Mode of stating ownership of church, etc. Mode of stating ownership of public property. 7 Geo. 4, c. 64, ss. 15, 16. Criminal remedies of married woman against her husband and others in respect of property. 45 & 46 Vict, c. 75, s. 12. Criminal liability of wife to husband. 45 & 46 Vict, c. 75, s. 16. Summary apprehension of offender in certain cases. Seizure of property the proceeds of indictable offence. Seizure of things intended to be used in commission of indictable offence. Enforcement of order of seizure. Report of property found upon person apprehended. Application of money found upon person apprehended. Court may release first offender on probation. 50 & 51 Vict, c. 25, s. 1. Procedure in case of offender failing to conditions of his recognizance. 50 & 51 Vict, c. 25, s. 2. Conditions as to abode of sureties. 50 & 51 Vict, c. 25, s. 3. Preparation of list of persons making default on recognizance. 7 geo. 4, c. 64, s. 31. Issue of writ of execution. Apprehension and detention of person making default where recognizance is unsatisfied. Failure of such person when released to appear at next session. Proceedings against person fined by the court. Power to the court to grant conditional pardon. Effect of pardon. 7 & 8 Geo. 4, c. 28, s. 13. Recording of pardon. Saving of prerogative of mercy. Prohibition of proceeding in error. Procedure on trial for treason. [cf. Ordinance No. 6 of 1887.] Interpretation of reference to information. Repeal of rules and orders.

[Originally No. 13 of 1899. No. 27 of 1913. No. 17 of 1919. No. 10 of 1921. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Master of Crown Office. Ordinary and special sessions of the court. Bringing of prisoners before the court for trial. Bringing of certain classes of prisoners before the court for delivery. Assistance to be given by police. Prisoners entitled to be discharged. Procedure of the court in matters not provided for. Transmission of documents relating to case. Power to Attorney General to refer back case to be dealt with summarily. Power to refer back case for further inquiry. Further provisions as to referring back of case. Ordinance No. 3 of 1890. Power to the court or judge to bail accused person. Institution of proceedings by Attorney General. Right of Attorney General not to prosecute. Procedure in case Attorney General declines to file an indictment. Schedule. Forms Nos. 1, 2. Signing and form of indictment. Schedule. Form No. 3. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. Change of previous conviction. General provision as to matters not necessary to be alledged, etc. Power to order further particulars. Filing of indictment. Indorsement of notice of trial. Schedule. Form No. 4. Delivery of copy of indictment for service. Service of copy. Return of service. Form of plea of autrefois convict or acquit. Inspection of property by party or witnesses. Rule or order for attendance of jury. Suing out of subpoena for witness. Payments to be made by private prosecutor for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure as to witnesses. Procedure as to accused person and sureties. General mode of trial. [cf. No. 6 of 1887.] Trial at bar. Saving of right of Attorney General to file information for misdemeanor. Proceedings on non-appearance of prosecutor. Proceedings on non-appearance of accused person. Apprehension of accused person not appearing. Abolition of outlawry. Bringing up of accused person in custody for other cause. 30 & 31 Vict, c. 35, s. 10. Arraignment of accused person. Effect of plea of not guilty. Procedure where accused person on arraignment does not answer directly. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Conviction for wounding on indictment for felonious wounding. 14 & 15 Vict, c. 19, s. 5. Conviction for assault with intent to rob on indictment for robbery. Conviction for burglary on indictment for stealing in dwelling-house, etc. Conviction for attempt on indictment for full offence. 14 & 15 Vict, c. 100, s. 9. Conviction for misdemeanor although facts in evidence amount to felony. 14 & 15 Vict, c. 100, s. 12. Proof of previous conviction. 7 & 8 Geo. 4, c. 28, s. 11. Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen. Proof on trial of plea of autrefois convict or acquit. Procedure where person is committed for trial through error. Special provision for saving validity of verdict in cases of larceny, etc. Prohibition of staying or reversal of judgment on specified grounds. Cumulative sentences. 7 & 8 Geo. 4, c. 28, s. 10. Abolition of attainder. 33 & 34 Vict, c. 23, s. 1. Calling upon the accused after verdict declared unnecessary. Court may award costs against person convicted of indictable offence. 33 & 34 Vict, c. 23, s. 3. Court may award compensation to person defrauded or injured by commission of indictable offence. 33 & 34 Vict, c. 23, s. 4. Procedure where accused person appears, on arraignment or during trial to be insane. Special verdict where accused person found guilty, but insane at time of offence. 46 & 47 Vict, c. 38, s. 2(1). Provision for custody of accused person found insane. 46 & 47 Vict, c. 38, s. 2(2). Motion in arrest of execution by pregnant woman sentenced to death. Power to reserve question of law for consideration of the Full Corut. Restitution of properyt in case of conviction. Restitution of stolen property by purchaser thereof. 30 & 31 Vict, c. 35, s. 9. Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day's sitting. Schedule. Form No. 5. Effect of undergoing sentence for felony not punishable with death. 9 Geo, 4. C. 32, s. 3. Filing of original documents. Mode of stating ownership of property of partners, etc. 7 Geo. 4, c. 64, s. 14. Mode of stating ownership of church, etc. Mode of stating ownership of public property. 7 Geo. 4, c. 64, ss. 15, 16. Criminal remedies of married woman against her husband and others in respect of property. 45 & 46 Vict, c. 75, s. 12. Criminal liability of wife to husband. 45 & 46 Vict, c. 75, s. 16. Summary apprehension of offender in certain cases. Seizure of property the proceeds of indictable offence. Seizure of things intended to be used in commission of indictable offence. Enforcement of order of seizure. Report of property found upon person apprehended. Application of money found upon person apprehended. Court may release first offender on probation. 50 & 51 Vict, c. 25, s. 1. Procedure in case of offender failing to conditions of his recognizance. 50 & 51 Vict, c. 25, s. 2. Conditions as to abode of sureties. 50 & 51 Vict, c. 25, s. 3. Preparation of list of persons making default on recognizance. 7 geo. 4, c. 64, s. 31. Issue of writ of execution. Apprehension and detention of person making default where recognizance is unsatisfied. Failure of such person when released to appear at next session. Proceedings against person fined by the court. Power to the court to grant conditional pardon. Effect of pardon. 7 & 8 Geo. 4, c. 28, s. 13. Recording of pardon. Saving of prerogative of mercy. Prohibition of proceeding in error. Procedure on trial for treason. [cf. Ordinance No. 6 of 1887.] Interpretation of reference to information. Repeal of rules and orders.

https://oelawhk.lib.hku.hk/items/show/1182

1923

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No. 9 of 1899

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