CRIMINAL PROCEDURE ORDINANCE

CRIMINAL PROCEDURE ORDINANCE

ORDINANCE No. 1 of 1858.

Criminal Procedure.

No. 1 of 1858:

An Ordinance for Criminal Procedure.

E it enacted and ordained

/'B the advice of the Legislative Council thereof, as follows :-

[11th January, 1s58.]

by His Excellency the Governor of Hongkong, with

1. All statements which need not be proved shall be omitted from
informationsUnnecessary
and indictments, and the substance of every charge shall be therein
expressed without b as ne'ty fer-_
prolixity.

2, Every information or indictment shall continue to be signed as
heretofore, but Forms of inform-

ation;
shall, with such modifications as way be necessary to meet the facts of
each case, be in
the following form as near as may be:-

'Tlie Attorney General charges A.B., with the murder of C.D., [or with
having robbed, or stolen from the person of C.D., or with a burglary in
a dwelling-house, or as the. case may be] at E, on the day of
18 .'-

And if there be more than one count, then the second, and every
subsequent count,
if any, shall, with the like modifications, be in the following form as
near as may be:-

`And also with piracy in making a revolt on board of the vessel 1f, or as
the
case may be, [or setting fire to a dwelling-house, or as the case may
be,] at
E aforesaid [or as the case may bed, on the day and your last aforesaid
[or as the case may be]'.

3. It shall not be competent to any prisoner or defendant to object by
demurrer
to any information or indictment, except upon the ground that the same
doth not set
forth a sufficient charge in law; and upon the hearing of every such
demurrer, and
also upon any application to arrest judgment, the Court shall, without
regarding any
mere imperfection, omission, defect, or lack of form, determine the very
right or.
matter in law, according as the same shall appear unto the said Court,
and give
judgment accordingly.

4. Save as by this Ordinance is provided, the rules of pleading and
practice in
criminal cases shall continue to be observed as the same existed at the
time of the
passing hereof: And no Ordinance hereafter to be passed for extending to
this Colony
any Imperial Enactment relating to crimes 'or offences, shall be
interpreted to repeal
or vary any of the provisions of this Ordinance, unless the intention to
repeal or vary
the same be expressed in such future Ordinance.

[Repealed by, Qrdinanee 11'0. $ of:1865.]

and second
counts.

Demurrers or ob-
jections for lack
of form not to be
allowed.

Existing rules of
pleading and
practice.
Provision for
fUrtnercrtenston
of Criminal Sts.
tutes tot Ills
Colony.
Unnecessary statements forbidden.
Forms of information;
and second counts.
Demurrers or objections for lack of form not to be allowed.
Existing rules of pleading and practice.
Provisions for further extension of Criminal Statutes to this Colony.

Unnecessary statements forbidden.
Forms of information;
and second counts.
Demurrers or objections for lack of form not to be allowed.
Existing rules of pleading and practice.
Provisions for further extension of Criminal Statutes to this Colony.

https://oelawhk.lib.hku.hk/items/show/119

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