INDICTMENTS ORDINANCE, 1919

INDICTMENTS ORDINANCE, 1919

No. 17 of 1919.

An Ordinance to amend the law relating to indictments in
criminal cases, and matters lincidental or similar
thereto.

[12th October, 1919.]

1. This Ordinance may be cited as the Indictments Ordi-
nance, 1919.

2. The rules contained in the First Schedule with respect
to indictments shall have effect as if enacted in this Ordinance,
but those rules may be added to, varied, or annulled by
further rules made by the Rule Committee under this
Ordinance.

3.-(1) There shall be established for the purposes of this
Ordinance a Rule Committee consisting of the Chief Justice,
the Attorney General, the Registrar of the Supreme Court,
the Senior Police Magistrate for the time being, and the
President of the Law Society, three of whom shall form a
quorum.

(2) The Rule Committee shall have power from time to
time to make rules varying or annulling the rules contained
in the First Schedule and to make further rules with respect
to the matters dealt with in those rules, and those rules shall
have effect subject to any modifications or additions so made.

(3) Any rules made by the Rule Committee shall be laid,
as soon as may be, before the Legislative Council, and if
that Council disapproves -of such rules or any of them the
rules so disapproved of shall thenceforth be void, but with-
out prejudice to the validity of anything done thereunder.

4.-(1) Every indictment shall contain, and shall be
sufficient if it contains, a statement of the specific offence or
offences with which the accused person is charged, together
with such particulars as may be necessary for giving reason-
able information as to the nature of the charge.

(2) Notwithstanding any rule of law or practice, an
indictment shall, subject to the provisions of this Ordinance,
not be open to objection in respect of its form or contents if
it is framed in accordance with the rules under this
Ordinance.

As amended by Law Rev. Ord., 1924.





5-(1) Subject to the provisions of the rules under this
Ordinance, charges for more than one felony or for more
than one misdemeanor, and charges for both felonies and
misdemeanors, may be joined in the same indictment, but
where a felony is tried together with any misdemeanor, the
jury shall be sworn and the person accused shall have the
same right of challenging jurors as if all the offences charged
in the indictment were felonies.

(2) If one sentence is passed upon any verdict of guilty
on an indictment containing more counts than one, the
sentence shall be good if any of the counts upon which such
verdict has been returned would have justified such sentence.

6.-(1) Where, before trial, or at any stage of a trial, it
appears to the court that the indictment is defective, the
court shall make such order for the amendment of the
indictment as the court thinks necessary to meet the
circumstances of the case, unless, having regard to the merits
of the case, the required amendments cannot be made with-
out Injustice.

(2) Where an indictment is so amended, a note of the order
for amendment shall be indorsed on the indictment.

(3) Where, before trial, or at any stage of a trial, the court
is of opinion that a person decused may be prejudiced or
embarrassed in his defence by reason of being charged with
more than one offence in the same indictment', or that for
any other reason it is desirable to direct that the person
should be tried separately for any one or more offences
charged in an indictment, the court may order a separate
trial of any count or counts of sucli indictment.

(4) Where, before trial, or at any stage of a trial, the court
is of opinion that the postponement of the trial of a person
accused is expedient as a consequence of the exercise of
any power of the court under this Ordinance to amend an
indictment or to order a separate trial of a count, the court
shall make such order as to the postponement of the trial as
appears necessary.

(5) Where an order of the court is made under this section
for a separate trial or for the postponement of a trial-

(a) if such an order is made during a trial, the court may
order that the jury are to be discharged from giving a verdict





on the count or counts the trial of which is, postponed or on
the indictment, as the case may be; and

(b) the procedure on the separate trial of a count shall be
the same in all respects as if the count had been found in a
separate indictment, and the procedure on the postponed
trial shall be the same in all respects (if the jury has been
discharged) as if the trial had not commenced; and

(c) the court may make such 6rder as to admitting the
accused person to bail, and as to the enlargement of recogni-
zances and otherwise as the court thinks fit.

(6) Any power of the court under this section shall be in
addition to and not in derogation of any other power of the
court for the same or similar purposes.

7.-(1) Nothing in this Ordinance or the rules thereunder
shall affect the law or practice relating to the jurisdiction of
a court or the place where an accused person can be tried,
nor prejudice or diminish in any respect the obligation to
establish by evidence according to law any acts, omissions,
or intentions which are legally necessary to constitute the
offence with which the person accused is charged, nor other-
wise affect the laws of evidence in criminal cases.

(2) In this Ordinance, the court means the court before
which any indictable offence is tried or prosecuted.
[ss. 8 and 9, rep. Law Revision Ordinance, 1924.]


FIRST SCHEDULE. [s. 2.]

Rules
1.-(1) A description of the offence charged in an indictment, or where
more than one offence is charged in an indictment, of each offence so
charged, shall be set out in the indictment in a separate paragraph called a
count.
(2) A count of an indictment shall commence with a statement of the
offence charged, called the statement of offence.
(3) The statement of offence shall describe the offence shortly in ordinary
language, avoiding as far as possible the use of technical terms, and without
necessarily stating all the essential elements of the offence, and if the offence
charged is one created by statute, shall contain a reference to the section of
tke statute creating the ofEence.

As amended by Law Rev. Ord., 1924.





(4) After the statement of. the offence, particulars of such offence shall be
set out in ordinary language, in which the use of technical terms shall not
be necessary .

Provided that where any rule of law or any statute limits the particulars
of an offence which are required to be given in an indictment, nothing in
this rule shall require any more particulars to be given than those so required.

(5) The forms set out in the Appendix to these rules or forms conforming
thereto as nearly as may be shall be used in cases to which they are
applicable, and in other cases forms to the like effect or conforming thereto
as nearly as may be shall be used, the statement of offence and the par-
ticulars of offence being varied according to the circumstances in each case.


(6) Where an indictment contains wore than one count, the counts shall
be numbered consecutively.

2-(1) Where an enactment constituting an offence states the offence to
be the doing or the omission to do any one of any different acts in the
alternative, or the doing or the omission to do any act in any one of any
different capacities, or with any one of any different intentions or states any
part of the offence in the alternative, the acts, omissions, capacities, or
intentions, or other matters, stated in the alternative in the enactment, may
be stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory offence,

to negative any exception or exemption from or qualification to the opera-
tion of the statute creating the offence.


3.-(1) The description of property in a count in an indictment shall be
in ordinary language and such as to indicate with reasonable clearness the
property referred to, and if the property is so described it shall not he neces-
sary (except when required for the purpose of describing an offence depend-
ing on any special ownership of property or special value of property) to
name the person to whom the property belongs or the value of the property.


(2) Where property is vested in wore than one person, and the owners of
the property are referred to in an indictment, it shall be sufficient to describe
the property as owned by one of those persons by name with others, and if
the persons owning the property are a body of persons with a collective
name, such as Inhabitants Trustees , Commissioners , or Club or
other such name, it shall be sufficient to use the collective name without
naming any individual.

4. The description or designation in an indictment of the accused person,
or of any other person to whom reference is made therein, shall be such as is
reasonably sufficient to identify him, without necessarily stating his correct
name, or his abode, style, degree, or occupation ; and if, owing to the name
of the person not being known, or for any other reason, it is impracticable
to give such a description or designation, such description or designation
shall be given as is reasonably practicable in the circumstances, or such
person may be described as a person unknown

Where it is necessary to refer to any document or instrument in an
indictment, it shall be sufficient to describe it by any name or designation by
which it is usually known, or by the purport thereof, without setting out
any copy thereof.





6. Subject to any other provisions of these rules, it Shall be sufficient to
describe any place, time, thing, matter, act, or omission whatsoever to which
it is necessary to refer in any indictment, in ordinary language in such a

manner as to indicate with reasonable clearness the place, time, thing,
matter, act or omission referred to.

7. It shall not he necessary in stating any intent to defraud, deceive or
injure to state an intent to defraud, deceive or injure any particular person,
where the statute creating the offence does not make an intent to defraud,
deceive or injure a particular person an essential ingredient of the offence.

8. The Interpretation Ordinance, 1911, applies for the interpretation of
these rules as it applies for the interpretation of an Ordinance.

9. These rules may he cited as the Indictment Rules, 1919, and these
rules, together with any rules made under section 2 of the Indictments.
Ordinance, 1911, may be cited together by such collective title as may be
prescribed by the last-mentioned rules.

APPENDIX. [Rule 1 (5).]

FORMS OF INDICTMENT.

STATEMENT OF OFFENCE.
Murder.
PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria
in this Colony, murdered J.S

2.
STATEMENT OF OFFENCE.
Accessory after the fact to murder.
PARTICULARS OF OFFENCE.
A.B., well knowing that one, H.C., did on the day of
, at Victoria in this Colony, murder C. C., did on the
day of , at Victoria in this Colony, and on other
days thereafter receive, comfort, harbour, assist, and maintain the said H.C.

3.
STATEMENT OF OFFENCE.
Manslaughter.
PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this
Colony, unlawfully killed J.S.





4.
STATEMENT OF OFFENCE.
Rape.
PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this
Colony, had carnal knowledge of E.F. without her consent.

5.

First Count.
STATEMENT OF OFFENCE.
Wounding with intent, contrary to section 17 of the Offences against the
Person Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this
Colony, wounded C.D., with intent to do him grievous bodily harm, or to
maim, disfigure, or disable him, or to resist the lawful apprehension of him
the said A. B
Second Count.
STATEMENT OF OFFENCE.
Wounding, contrary to section 19 of the Offences against the Person
Ordinance, 1865.
PARTICULARS OF OFFENCE.
A.B., on the day ofat Victoria in this
Colony, maliciously wounded C.D.
6.
STATEMENT OF OFFENCE.
Larceny, contrary to section 54 of the Larceny Ordinance, 1865,-

PARTICULARS OF OFFENCE.
A.B., on the day of 3 at Victoria in this
Colony, being clerk or servant to M.N., stole from the said M.N, ten yards
of cloth.

7.

STATEMENT OF OFFENCE.
Robbery with violence, contrary to section 31 of the.Larceny Ordinance,
1865.

PARTICULARS OF OFFENCE.

A.B., on the day of at Victoria in this
Colony, robbed C.D. of a watch, and at the time of or immediately before
or immediately after such robbery did use personal violence to the said C.D.





8.

First Count.

STATEMENT OF OFFENCE.
Larceny after a previous conviction.

PARTICULARS OF OFFENCE.
A. 8., on the day of at Victoria in this
Colony, stole a bag, the property of C.D.
A.B. has been previously convicted of burglary on the
day of , at the criminal session of the Supreme Court of
January, 19

Second Count.
STATEMENT OF OFFENCE.
Receiving stolen goods, contrary to section 79 of the Larceny Ordinance,
1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this
Colony, did receive a bag, the property of C.D., knowing the same to have
been stolen.

9.

STATEMENT OF OFFENCE.
Burglary, and larceny to the value of $25, contrary to sections 10 and 48
of the Larceny Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., in the night of the . day.of at Victoria
in this Colony, did break and enter the dwelling-house of C.D. with intent
to steal therein, and did steal therein one watch, the property of S.T. the
said watch being of the value of dollars.


10.

STATEMENT OF OFFENCE.
Sending threatening letter, contrary to section 34 of the Larceny Ordi-
nance, 1865.
PARTICULARS OF OFFENCE.
A.B., on the day of , at Victoria in this
Colony, sent, delivered or uttered to or caused to be received by C.D., a
letter accusing or threatening to accuse the said C.D. of an infamous crime
with intent to extort money from the Said C.D.

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





STATEMENT OF OFFENCE.

Obtaining goods by false pretences, contrary to section 75 of the Larceny
Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this
Colony, with intent to defraud, obtained from S.P. five yards of cloth by
falsely pretending that be, the said A.B., was a servant to J.S., and that
he, the said A.B., had then been sent by the said JS., to S.P. for the said
cloth, and that he, the said A.B., was then authorised by the said JS. to
receive the said cloth on behalf of the said J..S.

12.
STATEMENT OF OFFENCE.
Conspiracy to defraud.
PARTICULARS OF OFFFNCE.
A.B. aud C.D. on the day of and on divers
days between that day and the day of
at Victoria in this Colony, conspired together with intent to defraud by
means of an advertisement inserted by them, the said A.B. and C.D., in
the H.S. newspaper, falsely representing that A.B. and C.D. were then
carrying on a genuine business as jewellers at Victoria in this Colony, and
that they were then able to supply certain articles of jewellery to whomsoever
would remit to them the sum of dollars.

13.

First Count.

STATEMENT OF OFFENCE.

Arson, contrary to section 3 of the Malicious Damage Ordinance, 1865.

PARTICULARS OF OFFENCF.

A.B., on the day of, at Victoria in this Colony,
maliciously set fire to a dwelling-house, one F.G. being therein.

Second Count.
STATEMENT OF OFFENCE.

Arson, contrary to section 4 of the Malicious Damage Ordinance, 1865.
PARTICULARS OF OFFENCE.

A.B., on the day ofat VictoriaIn this Colony,
maliciously Set fire to a house with intent to injure or defraud.





14.

STATEMENT OF OFFENCES.

arson, contrary to section 4 of the Malicious Damage Ordinance,
1865 ;

C.D., accessory before the fact to same ofrence.

PARTICULARS OF OFFENCES.
A.B., on the day of , at Victoria in this Colony,
set fire to a house with intent to injure or defraud.

C.D., on the same day, at Victoria in this Colony, did counsel, procure,
and command the said .a.b to commit the said offence.



First Count.
STATEMENT OF OFFENCE.
Offience under section 27 (A) (1) of the Malicious Damage Ordinance,
1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this Colony,
displaced a sleeper belonging to the Kowloon Canton Railway with intent
to obstruct, upset, overthrow, iujure, or destroy any engine, tender, carriage
or truck using the said railway.

Second Count.
STATEMENT Or OFFENCE.
Obstructing railway, contrary to section 27 (A) (2) of the Malicious
Damage Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this Colony
by unlawfully displacing a sleeper belonging to the Kowloon Cauton Rail-
way did obstruct or cause to be obstructed an engine or carriage using the
said railway.

STATEMENT OF OFFENCE.
Damaging treds, contrary to section 21 of the Malicions Damage
Ordinance, 1865.

PARTICULARS OF OFFENCE.

AB on the day of at Victoria in this
Colony, maliciously damaged a fir tree there growing.

A.B., has been twice previously convicted of an offence under section 21
of the Malicious Damage Ordinance, 1865, namely, at on
the day of and at on
the day of





17.
STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 8 of the Coinage Offences
Ordinance, 1865.
PARTICULARS OF OFFENCE.
A.B., ou the day of at a shop called
, at Victoria in this Colony, uttered a
counterfeit dollar, knowing the same to be counterfeit.

18.

STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 11 of the Coinage Offiences
Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at a shop called
19
' at Victoria in this Colony, uttered a
counterfeit dollar, knowing the same to be counterfeit.
A.B., has been previously convicted of a misdemeanor under section 8 of
the Coinage Offences Ordinance, 1865, on the clay of
at

19.
STATEMENT OF OFFENCE.
Libel.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this
Colony, published a defamatory libel concerning E.F., in the form of a letter

[book, pamphlet, picture, or as the case may be].
[Innuendo should be stated whe re necessary].

20

First Count.
STATEMENT OF OFFENCE-
Publishing obscene libel.

PARTICULARS OF OFFENCE.
E.M., on the day of at Victoria in this
Colony, sold, uttered, and published and caused or procured to be sold,
uttered, and published an obscene libel the particulars of which are deposited
with this indictment.
[Particulars to specify pages and lines complained of where necessary, as
in a book].





Second Count.
STATEMENT OF offence
Procuring obscene libel [or thing] with intent to sell or publish.
PARTICULARS OF OFFENCE.
E. M., an the day of at Victoria in this
Colony, procured an obscene libel [or thing], the particulars of which are
deposited with this indictment, with intent to sell, utter or publish such
obscene libel [or thing].


21.

First Coitnt.

STATEMENT OF OFFENCE.
Falsification of accounts, contrary to section 74 of the Larceny Ordi-
nance, 1865.

PARTICULARS OF OFFENCE
A.B., on the day of 5 at Victoria in this Colony,
beino, clerk or servant to C.D., with intent to defraud, made or concurred
in making a false entry in a cash book belonging to the said C.D., his
employer, purporting to show that on the said day 100 dollars had been
paid to L.M.

Second Count.
STATEMENT OF OFFENCE.*
Same as first count.

PARTICULARS OF OFFENCE.
A.B., on the day of , at Victoria in this Colony,
beiner clerk or servant to C.D., with intent to defraud, omitted or con-
curred in omitting from or in a cash book belonging to the said C.D., his
employer, a material particular, that is to say, the recelpt on the said day
of 50 dollars from H.S.

22.

First count.

STATEMENT OF OFFENCE.
Fraudulent conversion of property, contrary to section 62 (1) (a) of the
Larceny Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of at Victoria in this Colony,
fraudulently converted to his own use and benefit certain property, that is
to say, 100 dollars entrusted to him by U.S., in order that he, the said
A.B,, might retain the same in safe custody.
Second -Count.

STATEMENT OF OFFENCE.
Fraudulent conversion of property, contrary to section 62 (1) (b) of the
Larceny Ordinance, 1865.

PARTICULARS OF OFFENCE.
A.B., on the day of , at Victoria in this Colony,
fraudulently converted to his own use and benefit certain property, that is
to say, the suin of 200 dollars received by him for and on account of L.N.

[Second Schedule, rep. Law Revision Ordinance,
1924.]
[Originally No. 17 of 1919. Law Rev. Ord., 1924.] Short title. Rules as to indictments. 5 & 6 Geo. 5, c. 90, s. 1. First Schedule. Powers of Rule Committees. 5 & 6 Geo. 5, c. 90, s. 2. General provisions as to indictments. 5 & 6 Geo. 5, c. 90, s. 3. Joinder of charges in the same indictment. 5 & 6 Geo. 5, c. 90, s. 4. Orders for amendment of indictment, separate trial, and postponement of trial. 5 & 6 Geo. 5, c. 90, s. 5. Savings and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. Mode in which offences are to be charged. [First Schedule contd.] Appendix. Provision as to statutory offences. Description of property. Description of persons. Description of document. General rule as to description. Statement of intent. Interpretation. Ordinance No. 31 of 1911. Short title. [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.]

[Originally No. 17 of 1919. Law Rev. Ord., 1924.] Short title. Rules as to indictments. 5 & 6 Geo. 5, c. 90, s. 1. First Schedule. Powers of Rule Committees. 5 & 6 Geo. 5, c. 90, s. 2. General provisions as to indictments. 5 & 6 Geo. 5, c. 90, s. 3. Joinder of charges in the same indictment. 5 & 6 Geo. 5, c. 90, s. 4. Orders for amendment of indictment, separate trial, and postponement of trial. 5 & 6 Geo. 5, c. 90, s. 5. Savings and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. Mode in which offences are to be charged. [First Schedule contd.] Appendix. Provision as to statutory offences. Description of property. Description of persons. Description of document. General rule as to description. Statement of intent. Interpretation. Ordinance No. 31 of 1911. Short title. [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.] [First Schedule, Appendix contd.]

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