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 Criminal 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 criminafinformation 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. 1 Of 1912.]

PART I.

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 ~f every mont~ 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.

(2) The Chief justice may direct a special session of the
court to be held, in addition to the ordinary sessions, whenever
it may appear to him necessary or expedient to do so.

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

As amended by No, 17 of 1930 117.10.301.





is ca lied 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 first day of every session of the court, deliver
in open court to the presiding judge a correct list of all persons
in his ~ustody 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 otherwise, distinguishing, as accurately as
may be, their names, ages, and sexes, with the dates of their
respective commitments 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 afore-
said as the court may direct him so to bring and-produce.

8. The police shall afford. such assistance as may be neces-
sa.ry 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, andalso 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 also
discharge all prisoners remaining in any prison in default of
sureties to keep the peace, who~ in the opinion of the court,
ought to be so discharged.

W- The Chief justice may make rules and orders
regulating the practice and procedure under this Ordinance:

Provided that no such rules and orders shall be binding until
the same have been approved by the Legislative Council and
have been published in the Gazette.

+ As amended, by No. 5 of 1933 124.3.33].





(2) Such rules and orders may provide for. regulating. and
prescribing forms to be used, the times for or within which
documents must be filed or notices given, the duties of the
various officers of the court, the manner in which cases and
arguments are to be presented, the assigning of solicitors and
counsel as legal aids in or incidentalto capital cases, or appeals
or cases reserved, the fees and costs to be allowed therefor, and
gene-rally for the better carrying out of the provisions of this
Ordinance.

(3) Subject to the provisions of this Ordinance and to such
rules and orders and any.other enactment (including any enact-
ment relating to juries) applicable thereto, the practice and
procedure in all criminal causes and matters (including, trials for
treason or misprision of treason) shall be, as nearly as possible,
the same as the practice and procedure from time to time and
for the time being in force for similar cases 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 record 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 thereafter, be transmitted
by the magistrate to the Registrar for the 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.

Referring back 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, at any time after such receipt, refer, back such documents
to the magistrate with - directions to deal with the case accord-
ingly, 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 may 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 respect's 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
case, if any, transmitted to him by the magistrate. A copy of
any such direction shall also be transmitted by the Attorney
General to the Superintendent of Prisons.

(4) When the Attorney General directs that a case shall be
dealt with summarily u ' nder section 12 or that an inquiry shall
be re-opened under section 13, the following provisions shall
have effect:-

(a)' wher - e the accused person is in custody, the magistrate
may, by an order in writing under his hand, direct the Super-
intendent of Prisons to convey him or cause him to be conveyed
to the place where such p~eedings are to -be held, for the
purpose of being dealt with as the magistrate may direct;

(b) where the accused'person is on bail,,the magistrate shall

As a~ded by No. 17 of 1950 [17.10.30].





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 contioued under the
provisions of Part III or of Part IV of the. Magistrates Ordin-
ance, 1932., 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 for trial or not, to be admitted-to bail, and the
recognizance of bail may, if the order so directs, be taken before
any 'Magistrate or justice of the peace.

Institittion of proceedings.

16. On receipt of the documents relating to the case, the
Attorney General, if lie sees fit to institute criminal proceedings,
shall institute such proceedings in the court against the accused
person as to h-im may seem legal and proper.

17.-(1) The.Attorney General shall not be bou nd to pro-
secute an accused person in any ease. in which he way be of
opinion that the interests of public justice do not require his
interference.

(2) Whenever the Attorney General declines to file In
indictment against any person committed to prison for trial for
any indictable offence he may issue a warrant in Form No. 1
in the Schedule to the Registrar, who shall thereupon, unless
the person in question has been admitted to bail, by 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 imprison-
ment in respect of the olfence mentioned in such order.

Indictment.

18.-(1) Every indictment shall he signed by the Attorney
General, and shall bear date on the day when it is signed.

(2) Every indictment may he in Form No. 3 in the Schedule
with such additions and modifications as may be necessary to
adapt it to the circumstances of the particular case.

* As amended by No. 17 of 1930 [17.10.30].





[s. 19, rep. No. 17 of 1919.],

20. In any indictment for an offence committed on the high
seas,or in foreign parts, an 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 any money or any note of the Bank of England
or of any other bank, it shall be sufficient to describe such
money or bank note simply as money -without specifying any
particular 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 cases 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 value 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. 23 and 24, rep. No. 21 Of 1922.]

25. In any count charging the accused person with having
been previously convicted, it shall be sufficient to state that the'
accused person 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 that
any person mentioned in the indictment is designated by a name
qf office or other descriptive appellation instead of his proper
name, or for omitting to state the time at which the offence was
committed in any case where time 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 statement of t6e 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 damage,
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 he delivered, 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 indict-.
ment and the date of the commencement thereof.

(2) the 'notice may be in Form- No. 4 in the Schedule or
as near' thereto as, circumstances will admiti

30. The Registrar shall deliver or cause to be delivered to
the bailiff, for service on the accused person, 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. The Registrar
-shall also deliver or cause to be delivered to the bailiff. another
copy for the information of the Superintendent of Prisons.

31.-(~) The bailiff shall, as soon as may be after having.
received the same, deliver to a gaoler the copy and notice for
the information of the Superintendent of Prisons and to the
accused himself the copy and notice for service on the accused.

(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

A3 amended by No. 17 of J930 [17.10.30].





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 bailiff shall,- at the tim~ 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 bailiff shall forthwith 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 autref ois acquit it
shall be sufficient for the accused person to state that he has
been lawfully convicted or acquitted, as the case may be, of.the
offence charged in the indictment.

Inspection of PropeTty, 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 determination 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.

Witnesses.

36.-(1) The subpoena, or process of the court for procuring
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 subpcena duces iecum, 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 ac~used 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 names oi four witnesses may be inserted in one
subpcena, and they shall be described therein with such certainty
that the bailiff may be able readily to find them; and the form
of the subpoena shall, as near as may be, be according to the
like form used in the Supreme Court in civil cases. 1

(4) The party obtaining the subpwna shall at the same time
make out and give to the Registrar as many copies as there are
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 th * e 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 witnesses respectively for their travelling
expenses.

38.-(1) The bailiff 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 household
for him at bis dwelling-house or with some one of.his clerks.for
him 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 to the original subpoena a return
in writing, signed by him, of the time and mode of service, and
shall forthwith transmit the same to the Registrar.

46. Every witness who is present when the trial of a case
is adjour*ned, 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 a subpcena to attend and give
evidence.

Postponement of trial.

41.-(1) In any ease where. the trial of an accused'person
is postponed froni one session of the court to another, it shall
be lawful for the court to respite the recognizance of every
witness 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 fiesh recognizance for that purpose, in such and the
same manner, and with the same consequences 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 in
such case the accused person shall be, bound to appear to be
tried 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 consequences
in A! respects, as if he were originally 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.

Mode 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.

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._(i) Nothing in this Ordinance shail affect the right of
the 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, asnearly 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,
practice, 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.

(2) 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 (if the prosecutionj 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, do~s not appear
to plead to such indictment, whether he is under recognizance
to appear 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 Super-
intendent 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 Prisors 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
has not been duly served therewith.

51. . The accused person, on being arraigned, by pleadi'ng
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 bei ng arraigned, stands mute
of malice or pleads guilty to a charge of murder or other capital

Set also. No. 4 of 1901 [Outlavory AboLtion].





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 same 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 previously 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 indictment, 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 whether
he ha~ 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 jury shall be charged to inquire into the matter
as in other cases.

. 541.-(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 cciurt 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 he taken in arrest of judgment.

(4) If the indictment is quashed; the court may direct the
accused person to be detained in custody until the terminAtion
of the session or to be released on hail, 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.]

* As amended by No. 17 of 1930 [17.10.30].





Conviction for offence other than that charged.

57. If, on any trial for any felony, except murder or manslaughter, 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, then and in every such
case the jury may acquit 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 robberyP 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 to 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 dwellinghouse, or breaking
and entering and stealing in a shop, warehouse, or counting-house or in a
building 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 ho, 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 lie had been convicted upon an indictment charging him with
such other offence.

60. If on any trial for any offence, the jury are satisfied that the accused
person is guilty of an attempt to commit the offence charged in the
indictment, but are not satisfied that he ii, 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 had been convicted upon an indictment for attempting to
commit such offence.

61. If, on any trial for misdemeanor, the facts given in
evidence amount to a felony, the accused person shall not be,
therefore acquitted of such misdemeanor; and no person. tried
for such misdemeanor shall be liable afterwards to be prosecuted
for felony on the same facts, unless the court thinks fit to
discharge the jury from giving any. verdict on such trial and
to direct the accused person to be prosecuted for felony, in which
case 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 previously convicted, and it becomes 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.

[ss. 63 and 64, rep. Law Revision Ordinance, 1937.]

65. On the trial of an issue on a plea of autrefois convict or autrefois
acquit, the depositions transmitted to the Registrar or Attorney General on
the former trial, together with the judge's notes, if available, and the .
depositions transmitted to the 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 he remitted to a





magistrate with such 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 proper.

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

Verdict and judgment.

.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 application or disposition 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 not
exceed the punishment which could have been awarded for
the offence actually committed, according to the proper legal
designation thereof, and no person so convicted shall be liable
to be afterwards prosecuted for any such offence on the'same
facts.

[s. 68, rep. No. 5 Of 1933.]

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 imprisonment 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, conviction, or judgment
of or for any treason or felony or felo de se shall cause any
attainder or corruption of blood or any forfeiture or escheat.

71. It shall not be necessary in any case whatsoever when
a verdict of guilty 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
returned by the jury in any case it shall be lawful for the judge,





failing any motion in arrest of judgment, forthwith to' pass sentence upon
the accused.

Costs and compensation.

72.-(1) It shall be lawful for the court, on the conviction of any person
for an indictable offence, in addition to such sentence as may otherwise by
law be passed, to condemn such person to 1 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.

(2) The payment of such costs and expenses or any part thereof may be
ordered by the court to 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 proceeding may' be enforced: Provided that in the
meantime and until the' recovery of such costs and expenses from the person
so convicted as aforesaid or from his estate, the same shall be paid and.'
provided 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
aggrieved 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 satisfaction 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 compensation shall be
deemed a judgment debt due to the person entitled to receive the 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 by 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 that purpose, find whether
such person is or is not insane and unfit to take his. trial.

(2) If, dwing the trial of an accused person, such person
appears, after the.hearing of evidence to that effect.or otherwise,
to the jury charged. with the indictment' to be insane, the court
shall in ~tich case direct the jury to abstain, from finding a
verdict upon the indictment and, in lieu thereof, to return a
verdict that such person is insane: Provided that a verdict
under this section sh ill 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 the 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.-(1) 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 75i the court shall direct
the finding of the jury to be recorded, and thereupon the court
inay order such person to be detained in safe custody, in such
place and inanner as the court thinks fit, until His Majesty's
pleasure shall be known.
(2) The judge shall immediately report the finding of the
jury and the detention of such person to the Governor, who
shall order such person to be dealt with as a lunatic under the
laws for the care and custody of lunatics, or otherwise as lie
may think proper.





Pregnancy: and Infanticide.

77.-(I) Where a woman convicted of an offence punishable with, death
is found in accordance with the provisions of this section to be pregnant,
the sentence to be passed on her shall be sentence of imprisonment for life
instead of. sentence of death.

(2) Where any. such woman alleges that she is pregnant, or where the
court :before whom she is. convicted thinks fit so to direct,. before.
..sentence. is passed two or m . ore medical. practitioners shall be
sworn and shall examine the woman in some private place, either
together or successively, and shall inquire whether she is pregnant, or
not.

If on, the report' of any of such medical practitioners it appears to the-
court that the woman. is pregnant sentence Of death shall not be passed
upon her.

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

(4) Where on proceedings under sub-section (2) the court finds that the
woman in question is not pregnant, and passes sentence of death, the
woman may appeal to the Full Court under section 78A, and that court, if
satisfied for any reason that the finding should be set. aside, shall quash the
1 sentence passed on such woman and shall pass instead sentence of
imprisonment for life.

(5) The rights conferred by this section on a, woman convicted of an
offence punishable with death shall be in substitution for the right of such a
woman to allege in stay of execution that she is quick with child.

77A.-(I) Where a woman by any wilful act or omission causes the deaffi
of her newly-born child, but at the time of the act or omission she had not
fully recovered 'from the effect of giving birth to such child, and by reason
thereof the balance of her mind was then disturbed, she shall,
notwithstanding that the circumstances were such that but for the
provisions of this section the offence would have amounted to murder, be
guilty of felony, to wit of infanticide, and may for such offence be dealt with
and punished as if she had been guilty of the offence of manslaughter of
such child.

As amended by No. 37 of 1934 [9.11.34].





(2). Where: upon the trial of a, *

woman for the murder of her
newly-born. child, the jury are, of opinion. that she by any. wilful act ' or
omission caused its death,. but, that at the time of the act or omission she
had not fully recovered,from the effect of giving birth to such child, and that
by reason thereof the balance.of her mind was then disturbed, the jury may,
rrotwithstandi ng that the circumstances , were such that but for the
provisions, of this-section they might. have returned a verdict of murder,
return in lieu thereof a verdict of infanticide'.

(3) Nothing---in this, section shall affect the power. . of the jury upon
an indictment for the murder of.a newly-born child to return a verdict of
manslaughter, or a verdict of guilty but insane, or a verdict of concealment
of birth in pursuance ' of section 49 of the Offences against the Person:
Ordinance, 1865.

(4) The said section 49.shall also apply in the case ofthe acquittal of a
woman upon indictment for infanticide as it applies upon the acquittal of a
woman for murder, add upon the trial of any person over the age of sixteen
for infanticide it shall be Iawful for the jury, if they are satisfied that the
accused is guilty of an offence, under section 26A of the Offences against
the Person Ordinance, 1865, to find the accused,guilty of such an offence,
and in that case that section shall apply accordingly.

PARTIV.

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 in such 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 lhat the question.so reserved might be decided in
favour of the convicted person, affirm the conviction if it con-
siders that no substantial miscarriage of. justice has actually
occurred.

Appeals.
78,A.~(i) A person con victed on indictment may appeal to
the. 'Flull Court----

(a) against his conviction on any ground of appeal which
involves d. question of. law alone; and

(b) against his,con iction, with the leave.of the Full Court
VI
or. upon the - Ortificate of the judge whQ. tried him that it is a
fit case for. appeal, on any ground of appeal which involves a
question.. of fact. alone, or a question of..mixed law and fact, or
any other ground which.appears to. the Full Court or to the judge
who tried him..to.be -a,suicient ground of appeal; and

.(c).with the leave of thefull Court or upon. ihe certificate
of the . who tried him against the sentence passed on his
.conviction, unless. the sentence is one fixed by law..

(2)~ On an appeal against conviction and, subject to the
provisions of. sub-Section (5) of this section 'and section. 7813,
the Full Court shall.' allow the' appeal if it thinks that the
verdict of the jury should.be set aside on the ground that it is
unreasonable o . r %cannot be supported having regard to the
evidence, or that the judginent of the court before whom the
appellant was convicted should be set aside on the ground of
a wrong decision of any question of law, or that on any ground
there was a miscarriage of justice, and in any other case shall
dismiss the appeal:

Provided that the Full Court may, notwithstanding that it
is of opinion that the point raised in the appeal might be
decided in favour of the appellant,' dismiss the appeal if it
considers that no substantial miscarriage of justice has actually
occurred.

(3) The. Full Court may, if it allows an appeal against
conviction, quash the conviction, and either direct a judgment
and verdict of acquittal to be entered or order a new trial.

As amended by No. - 5 of 19M [24.3.33] and Law Rev. Ord, 1937.





(4) On an appeal against sentence the Full Court shall-

(a). if it thinks that a different sentence should have been
passed, quash.the sentence passed at the trial and pass such oth . er
.Sentence (whether more or less severe) warranted in law in
substitution therefor as it thinks ought to have.been passed; and

(b) in any other case, dismiss the appeal.

(5) If it appear to the Full Court-

(a) that an appellant, though not properly convicted on
some count or part of the indictment, has been properly con-
victed on some other count or. part of the indictment, the Full
Court may either affirm the sentence 1 passed on the appellant at
the trial, ot pass such sentence in substitution therefor as it
thinks proper, and as may be warranted in law on the count
or part of the indictmenton which it considers that the appellant
has been properly convicted;

that on the finding of the jury, where an appellant has
been convicted., of an offence and the jury could on the indict-
ment have found him guilty of some other offence, the jury must
have been satisfied of facts which proved him. guilty of that
other offence, the Full Court. may, instead . of allowing or
dismissing the appeal., substitute for the verdict found by the
jury a verdict of guilty of that other offence and pass such
sentence in substitution for the sentence passed at the trial as
may be warranted in law for that other offence, not being a
sentence of greater severity;

(c) that, where on. the conviction of the appellant the jury
have found a special verdict, a wrong conclusion has been
arrived at by the court before which the appellant has been
convicted on the effect of that verdict, the Full Court may,
instead of allowing the appeal, order such conclusion to be
recorded as appears to the Full Court.to be in law required and
pass such sentence in substitution for the sentence passed at the
trial as may be warranted in law;

(d) that, although the appellant *as g uilty of the act or
omission charged against him, he was insane at the time the
act was done or omission made so as not to be responsible
according to law for his.actions, the Full Court may quash the
sentence passed at the trial and make such order and report as





would have been made by the trial judge under section 76 if
a special verdict had been found b
Y..the jury;

(e) that -,iiny order *made on the trial, for the restitution of.
any property to any person should be annulled or varied,
although the conviction is not quashed, the Full Court may
annul or vary the order; and the order, if annull ed, shall not
take effect, and, if varied, shall take effect as-so varied.

(6) Unless the Full Court directs to the contrary in cases
where, in its opinion, the appeal involves a question of law on
wh.:ch it would be convenient that separate judgments should
be pronounced by the members of the court, the judgment of
the Full Court shall be pronounced by the president or such
other member of the Full Court hearing the case as the president
directs.

(7) Notice of appeal or of an application for leave to appeal
shall be given within ten days of the date of conviction, or
(except in case of a conviction involving sentence of death)
within such extended timeas the Full Court may allow, in such
manner as may be provided by rules and orders made under
section io of this Ordinance or as may be directed by the Chief
justice in any matter not provided for by any such rules. Such
rules shall enable any person convicted to* present his case and
his argument in writing instead of by oral argument if lie so
desires ' In the case of a conviction involving sentence of death
or corporal punishment the sentence shall not be executed until
after the expiration of the time within which notice of appeal
or of an application for leave to appeal may be given ; and if
notice is so given the appeal or application shall be. beard and
determined with as much expedition as practicable, and the
sentence shall not be executed until after the determination of
the appear, or, in cases where An application for leave to appeal
is finally refused, of the application.

(8) For the purposes of this Ordinance, the Full Court
may, if it thinks it necessary or expedient in the interests of
justice-

(a) order the production of any document, exhibit, or other
thing connected with the proceedings the production of which
appears to the Full Court necessary for the determin.ation of the
case; and 1





1 (b) order any witnesses who would have: been compellable
witnesses at the trial to attend and be examined before the Full
Court, whether they were or were not called at the trial , or
order the examination of any such witnesses to be conducted in
manner provided by rules and orders made unde.r.section io of
this Ordinance before any judge of the court or before any
officer of the court or any magistrate, j ustice of th e peace or
other person appointed by the Full Court for ' the purpose, and
allow the admission of any depos*itions so taken as evidence
before the Full Court; and

(c) receive the evidence, if tendered, of any witness (includ-
ing the appellant) who is a competent but not compellable
witness; and

(d) where any question arising on the appeal involves pro-
longed examination of documents or accounts, or any scientific
or local investigation which cannot in the opinion of the Full
Court conveniently be conducted before it, order the. refer-
ence of the question in manner provided by such rules and
orders as aforesaid for inquiry and report to a'special comnlis-
sioner appointed by the Full Court, and act upon the report
cif any such commissioner so far as it thinks fit to adopt it
and

(e) appoint any person with special eltpert knowledge to
act as assessor in any case where it appears to the Full Court
that such special knowledge is required for the proper deter-
mination of the case;

and exercise in relation to the proceedings of the Full Court any
other powers which may for the time being be exercised by the
Full Court on appeals in civil matters, and issue any warrants
necessary for enforcing the orders or sentences of the Full
Court: Provided that in no case shall any sentence be increased
by reason of or in consideration' of any evidence that was not
given at the trial.

(9) The Full Court may, if it seems fit, on the application
of an appellant, admit the appellant to bail pending the deter-
mination of the appeal.

Fu,rther provisions ielating to appeals and cases reserved.

78B. Except where, in the opinion of the Full Court, a sub-
stantial miscarriage of justice has actually occurred, no judgment
tl . h





shall be stayed or reversed under section 78 and no appeal shall
be allowed under section 78A-

(a) 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
(b) because of any error committed in summoning or swear-
ing the jury or any oi them; or

(c) because any person who has served on the jury has not
been returned by the Registrar; or
(d) because.of any objection which might have been stated
as a ground of challenge of any of the jurors; or

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

78C.-(I) Persons committed to prison under section 78 (1)
and appellants not admitted to bail under section -SA (9) shall,
pending the determination of their bases by the Full Court,
be treated in such manner as may be directed ' by any rules
made under any,Ordinarice relating to prisons for the treatment
of prisoners committed for trial for any indictable offence.

(2) The time during which any such person or appellant
is admitted to bail under section 78 (1) or section 78A (9), and,
subject.to any directions which the Full Court may give to the
contrary, the time during which any such person or appellant
is in custody pending the determination of his case shall not
count as part of any term. of imprisonment under his.sentence,
which shall be deemed to be resumed or to begin to run, as the
case requires, if the person or appellant is in custody, as from
the day on which the case is determined by the Full Court, and,
if he is not in custody, as from the day on which he is received
into prison under the sentence.

(3) An appellant, notwithstanding that he is in. custody,.
shall be entitled to be present, if he desires it, on the hearing
of his. appeal, except where the appeal is on some ground

As amended by No. 5 of 19M [24.3.33].
As amended by Law Rev. Ord., 1937.





involving a question. of law alone, but, in that casd.and on an
application for leave to appeal and on any proceedings pre-
liminary or incidental to an appeal, shall not be entitled to be
present, except where rules and orders made under section io
of this Ordinance provide that ' he shall have the right to. be
present or where the Full Court gives him leave to be present.
Such leave may be given also in any case under section 78;
but without it the accused shall not be entitled. to be present.

(4) The power of the Full Court to pass any sentence
under this Ordinance may be exercised notwithstanding that the
accused is for any reason not present.

(5) The Full Court in every appeal or case reserved under
this Ordinance shall, subject to the express provisions of this
Ordinance, have all the powers of the court of trial, with regard
to sentence, commencement of sentence, costs, compensation,
ielease on recognizances or any other matter.


Restitution of property.

79.-(1) Subject to the provisions of the Pawnbrokers
Ordinance, 1930, where any person is convicted of an indictable
offence, any property found in his possession, or in the posses-
sion of any other person for him, may be ordered by the court
or magistrate to be delivered to the person who appears to the
court'or magistrate to be entitled thereto.

(2) Nothing in this section shall prevent any magistrate or
the court from ordering the return to any person charged with
an indictable offence, or to any person nained by the magis-
trate 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.

[s. 80, rep. Law Revision Ordinance, 1937.]

Calendar of sentences.

81.-(1) As soon as conveniently may be after the conclu-
sion of each session, a copy of the calendar of sentences, under

As amended by No. 17 of 1930 [17.10.30].





the hand of a judge and the seal of the court, shall be transmitted
by the Registrar to the Colonial Secretary.

(2) A similarcopy shall also be transmitted by the Registrar
to the Superintend ' ent of Prisons, who shall record the same, and
such calendar shall be a sufficient warrant for receiving and
detaining all prisoners named therein, and for carrying into
effect all sentences set forth therein, other than sentences of
death.

(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'custo'dy 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.

Unde,rgoing sentence, etc.

83. Where any person convicted of any felony not punish-
able with death has endured the punishment to which he has
been sentenced for the same, the punishment so endured shall
have the like effects and consequences as a pardon under the
public seal as to the felony whereof the offender was 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 such documents shall be filed in the Registrar's office or
otherwise dealt with as the court may direct.

As amended by Law Rev. Ord., 1937.





PART V.

MISCELLANEOUS.

Owvership of Property.

85.-(1) Where, in any docurnen t 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 such persons and
to. state such property to belong to the person so named and
another or others, as th~ case may be.

(2) Where, in any such document, it is necessary to men-
tion, for any purpose whatsoever, any partners o ' r other joint
owners or possessors, it shall be sufficient to describe them in
manner aforesaid.

W The provisions of this section shall be construed to
extend to all joint-stock companies and, associations, societies, and
trustees.

86. Where, in any such dbcurnent, it is necessary to state
the owneyship of any church, chapel, or building set apart for
religious worship, or of anything belonging to or being in th e
same, it shall be sufficient to state that such church, chapel, or
building, or such thing is the property of the-clergyman, or of
the officiating rninister, or of the church body or of the church-
wardens of such'church, chapel, or building, without its being
necessary to name him or them.

87. Where, in any such document, it is necessary to state
the ownership of any work or building made, erected, or
maintained, eithe'r. 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 establishment, or of any materials or tools provided
ot 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 he 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 mar*ried woman shall have in her own name
against all persons whomsoever, including her husband (subject
as regards her husband to the proviso hereinafter contained) the
same remedies and redress, by way of criminal proceedings, for
the protection and security of her own separate 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 t ' he propetty to which the indict-,
ment or other proceeding relates to be the property of the
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 of law to the contrary notwithstanding:
Provided that no roceeding shall be taken by any wife against
p
her husband by virtue of this section while they are livin
9
together, as to or concerning any property claimed by her, nor
while they are living ~apart, as to or concerning any act-done E.
by the husband while they were living together,. 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
proceedings by the wife under section 88, shall in like manner
be liable to criminal. proceedings by her husband.

CoeTcion by husband.

89A. Any presumption of law that an offence committed by
a wife in the presence of her husband is committed under the'.
coercion of the husband is hereby abolished, but on a charge
against a wife for any offence other than treason or murder iU'.'
shall be a good defence to prove that the offence was committed:'
in the presence of, and under the coercion of, the husband.

Apprehension of offenders.

90.-(1) Any person found committing an indictable offence,
may be apprehended by any person whomsoever, withou~.
warrant.

As amended by No. 17 of 19M [17.10.30].





(2) An
1 y person whosoever may, without warrant, arrest any
person on a tharge of having committed an indictable offence,
if such an offence has act ually 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 offering the same and
take possession of the property so offered.

(4) Every person who finds any person in possession of any
property which be, o n 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.

(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 1 some police
dfficer in order that he may be conveyed as soon as reasonably
may be before a magistrate, to be by him ' dealt with according
to law, pr himself convey him before a magistrate, as soon as
reasonably may be, for that purpose.

(6) Nothing in this section sha ' 11 afTect the power s of appre-
hension conferred upon constables or other. persons by any other
enactment.

Seizu,re of Propeity.

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
.the 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 right within
twelve months from the seizure, such property, or the proceeds
thereof, shall become vested in the Treasurer, and shall he
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 prepared, with a view
to the commission of any indictable offence, and may direct the
satne to be held and dealt with in the same manner as property
seized under section gi.

93. An order made under section qi or section 92 may be
enforced by a search warrant.

94. If, on the apprehension 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 such person and of
the particulars of such property.

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 be paid by
such person.

Probation of fiTst offenders.

96.-(1) Where any person has been convicted on indict-
ment of any offence punishable with imprisonment, and the court
is Qf opinion that, having regard to the character, antecedents,
age, health, cr mental condition of the person charged, or to the
trivial nature of the offence, or to the extenuating circumstances
under which the offence was committed, it is inexpedient to
inflict any punishment or any other.than a Uorninal punishment
or that it is expedient to release the offender on probation, the
court may, in lieu of imposing a sentence of imprisonment,
make an order discharging the offender conditionally on his
entering into a recognizance, with or without sureties, to be of
good behaviour and to appear for sentence when called on at
any time during such period, not exceeding three years, as may
be specified.in the order.

(2) The court may, where it makes an order under this
section, further order that the offender shall pay such costs of

* As amended by Law Rev. Ord., 1937.





the proceedings or such damages for injury or compensation for.
loss as the court thinks reasonable,, or both such costs and
damages or compensation.

97.-(1) In any such case the court or a magistrate, if
satisfied by information on oath that the offender has failed to
observe*any of the conditions of his recognizance, may issue a
warrant for his apprehension, or may, if it or he thinks fit,
instead of issuing a warrant in the first instance, issue a summons
to the offender and h~is. sureties (if any) requiring him or them
to attend at such court as may be specified in the summons.
(2)'The offender, when apprehended, shall, if not brought
forthwith before the court, be brought before a magistrate.
(3) The magistrate before whom an offender on apprehen-
sion is brought, or before whom he appears in pursuance of such
summons as aforesaid, may remand him in custody or on bail
until. he can be brought before the court.
(4) An offender so remanded to custody may be committed
during remand to a prison, or, if he is a child or young per ' son
under the age of sixteen, to a place of detention provided under
the juvenile Offenders Ordinance, 1932.
(5) The court, on being-satisfied that a person bound by his
recognizance to appear for conviction and sentence has failed
to observe any condition of his recognizance, may forthwith,
without further proof of Ms guilt, convict and sentence him for
the original offence.

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, during or after the close of
each session, make out. a list or lists of 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

As amended by Law Rev. Ord., 1937.
As amended by No. 17 of 1931 [17.7.31].





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) '~he list or lists so made out shall be examined, and,
if necessary, corrected and signed by the judge, and shall be
delivered by the Registrar to the bailiff.

100. A writ of execution shall be issued from the Registrar's
office against every such person who isliable 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 property 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 provi sions of
section ioo 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 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 satisfaction 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 discharged 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 01
any part of the forfeited recognizance or of the sum of money
paid or to be paid in lieu or satisfaction thereof.





Fines, forfeitures, and contempts.

103.-(1) The bailiff shall, without further warrant or
authority, arrest any person upon whom any fine has been
imposed by the cour t, or by whom any, forfeiture has been
incurred and who is adjudged to pay the same by the court, and
such person shall thereupon 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 con-
sequence 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 carpus 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 aforesaid sh@ili be
deemed sufficient in law, provided there appears in or is attached
to such return. a certificate by the Registrar, setting forth the
judgment or order by virtue of whiefi such arrest or detainer was
made.

(3) The court or 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 forfeiture has not been already paid or
satisfied.

Pardon.

-104. A magistrate or the court may, with ihe consent in
writing of the Attorney General, order that a pardon be granted
to any pe . rson accused or suspected of, or committed for `trial
for, any indictable offence, on condition 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 Governor, 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

As amended by Law Rev. Ord., 1957.





of a free pardon, and the performance of the condition, in the
case of a conjitional 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 ef
all courts, judges, magistrates, officers, and others, on production
'thereof, to take notice of and to give effect to the same.

107. Subject as hereinbefore provided, nothing in this
Ordinance shall affect His Majesty's prerogative of 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 provisions- of this Ordinance.

[s. 109, rep. No. 5 of 1933.]

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 indicthble 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 inconsistent
with the provisions of this Ordinance shall and the same are
hereby declared to be of no force or effect whatsoever.





SCHEDULE.

FoRm No. 1. 17 (2).]
HONG KoNo.

Be it remembered that His Majesty's Attorney General declines
to file any ~ indictment against -detained !h the custody of
upon a charge of
Given under my hand this day of 19

Attorney General.

To the Re..istrar of the Supreme Court.

Foitm No. 2. 17 (2).]

In the Supreme Court of Hong Kong.

To

Whereas isdetained in your custody under the
warrant of upon a charge ofand whereas the
Attorney General declines to file any indictment against the said
you aretherefore hereby authorized and required forth
with to discharge the saidfrom your custody without
fee or reward.

Given under my hand and I the seal of the court the day of
19

Registrar.

Fopm No. 3. 18.1

Indictment.

IN THE Sup~ CouRT OF FloNG KONG.

The daylAt the ordinary erin-iinal session- of the Supreme Court
of 19 f~olden at. Victoria ior the month of 1 19
jor, in case of special session, At the, special criminal
session of the Supreme Court holden at Victoria on
the ' day of 2 19 '] the court
is informed by the Attorney General, on behalf of
our Lord the YdDg, that A. B. is charged with the
following offence:-
8' Appendix to Rales, No. 17 of 1919 [Indictmmta].





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
e.h,all 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)
PARTICUL~ltS OF OFFENCE.
(as the case may be)
etc., etc.

(Signed)

Attorney General.

FoRm No. 4.,

Notice of trial of indictment.

IN TRE SUPREME COURT OF HONG KONG.

To A.B.

TAKB notice 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 Victoria, in and for the Colony of
llong Rong, on the day of 1 19

(Signed)

Rogi&L7a7.





9 FORm No. 5. IS.' 82.]

CERTIFICATt OF SENTENCE$.

IN THE SUPREME COURT OF HONG NO].1G.

To the

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

months with the day of 19 being the opening date of the Session.
A.B., - imprisonment - hard labour to commence on
years without the day of '19

months with the. day of19 being the op~ning date of the Session.
C.D., - imprisonment - hard labour to commence on
years without theday of '19

. Dated this day of ' 19

(Signed)

Registrar.

AS amended by No. 17 of 1930 [17.10.30] and No. 25 of 1930.[5,12.301.
[Originally No. 13 of 1899. No. 17 of 1930. No. 25 of 1930. No. 17 of 1931. No. 5 of 1933. No. 37 of 1934. Law Rev. Ord., 197.] Short title. Interpretation. Master of Crown Office. Ordinary and special session of the court. [cf. No. 41 of 1932, s. 80.] 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. Rules and orders as to practice and procedure. Transmission of documents relating to case. [cf. No. 41 of 1932, s. 78.] 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. 41 of 1932. 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. Charge of previous conviction. General provision as to matters not necessary to be alleged, etc. Power to order further particulars. Filing of indictment. Indorsement of notice of trial. Schedule. Form No. 4. Delivery of copies of the indictment for service and for information. Service. 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 accuse 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 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. [24.3.33] 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. [cf. No. 22 of 1936, s. 15(1).] Special verdict where accused person found guilty, but insane at time of offence. 46 & 47 Vict. C. 38, s. 2 (1). [cf. No. 22 of 1936, s. 15 (1).] Provision for custody of accused person found insane. 46 & 47 Vict. c. 38, s. 2 (2). [cf. No. 22 of 1936.] Proceedings and sentence in case of expectant mother convicted of capital offence. 21 & 22 Geo. 5, c. 24. Conviction for infanticide in certain cases. 12 & 13 Geo. 5, c. 18, s. 1. Ordinance No. 2 of 1865. Ordinance No. 2 of 1865. Power to reserve question of law for consideration of the Full Court. [cf. No. 41 of 1932, s. 118D & No. 8 of 1933, s. 2 (2) & (4).] Appeals 7 Edw. 7, c. 23, s. 3. [cf. No. 41 of 1932, s. 118D, & No. 8 of 1933, s. 2 (2) & (4).] 7 Edw. 7, c. 23, s. 4 (1). 7 Edw. 7, c. 23, s. 4 (2). 7 Edw. 7, c. 23, s. 4(3). 7 Edw. 7, c. 23, s. 5. 7 Edw. 7, c. 23, s. 6(2). s.s. Ord. No. 5 of 1931, s. 3 (6). 7 Edw. 7, c 23, s. 7. 7 Edw. 7, c. 23, s. 9. [cf. No. 41 of 1932, s. 118D (2).] 7 Edw. 7, c. 23, s. 14. Prohibition of staying or reversal of judgment on specified grounds. Treatment pending determination of case by Full Court. 7 Edw. 7, c. 23, s. 14. Ordinance No. 38 of 1932. Effect on sentence. Presence of accused. 7 Edw. 7, c. 23, s. 11. Absence of accused. 7 Edw. 7, c. 23, s. 11. General powers. Restitution of property in case of conviction. Ordinance No. 16 of 1930. 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 & 46Vict. C. 75, s. 12. Criminal liability of wife to husband. 45 & 46 Vict. C. 75, s. 16. Abolition of presumption of coercion of married woman by husband. 15 & 16 Geo. 5, c. 86, s. 47. 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. Power to permit conditional release of offenders. 7 Edw. 7, c. 17, s. 1(2) & (3). [cf. No. 41 of 1932, s. 30.] Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6. Ordinance No. 1 of 1932. Conditions as to abode of sureties. 50 & 51 Vict. C. 25, s. 3. [cf. No. 41 of 1932, s. 118 I (2) (b).] 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. [24.3.33.] Interpretation of reference to information. Repeal of rules and orders.

[Originally No. 13 of 1899. No. 17 of 1930. No. 25 of 1930. No. 17 of 1931. No. 5 of 1933. No. 37 of 1934. Law Rev. Ord., 197.] Short title. Interpretation. Master of Crown Office. Ordinary and special session of the court. [cf. No. 41 of 1932, s. 80.] 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. Rules and orders as to practice and procedure. Transmission of documents relating to case. [cf. No. 41 of 1932, s. 78.] 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. 41 of 1932. 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. Charge of previous conviction. General provision as to matters not necessary to be alleged, etc. Power to order further particulars. Filing of indictment. Indorsement of notice of trial. Schedule. Form No. 4. Delivery of copies of the indictment for service and for information. Service. 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 accuse 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 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. [24.3.33] 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. [cf. No. 22 of 1936, s. 15(1).] Special verdict where accused person found guilty, but insane at time of offence. 46 & 47 Vict. C. 38, s. 2 (1). [cf. No. 22 of 1936, s. 15 (1).] Provision for custody of accused person found insane. 46 & 47 Vict. c. 38, s. 2 (2). [cf. No. 22 of 1936.] Proceedings and sentence in case of expectant mother convicted of capital offence. 21 & 22 Geo. 5, c. 24. Conviction for infanticide in certain cases. 12 & 13 Geo. 5, c. 18, s. 1. Ordinance No. 2 of 1865. Ordinance No. 2 of 1865. Power to reserve question of law for consideration of the Full Court. [cf. No. 41 of 1932, s. 118D & No. 8 of 1933, s. 2 (2) & (4).] Appeals 7 Edw. 7, c. 23, s. 3. [cf. No. 41 of 1932, s. 118D, & No. 8 of 1933, s. 2 (2) & (4).] 7 Edw. 7, c. 23, s. 4 (1). 7 Edw. 7, c. 23, s. 4 (2). 7 Edw. 7, c. 23, s. 4(3). 7 Edw. 7, c. 23, s. 5. 7 Edw. 7, c. 23, s. 6(2). s.s. Ord. No. 5 of 1931, s. 3 (6). 7 Edw. 7, c 23, s. 7. 7 Edw. 7, c. 23, s. 9. [cf. No. 41 of 1932, s. 118D (2).] 7 Edw. 7, c. 23, s. 14. Prohibition of staying or reversal of judgment on specified grounds. Treatment pending determination of case by Full Court. 7 Edw. 7, c. 23, s. 14. Ordinance No. 38 of 1932. Effect on sentence. Presence of accused. 7 Edw. 7, c. 23, s. 11. Absence of accused. 7 Edw. 7, c. 23, s. 11. General powers. Restitution of property in case of conviction. Ordinance No. 16 of 1930. 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 & 46Vict. C. 75, s. 12. Criminal liability of wife to husband. 45 & 46 Vict. C. 75, s. 16. Abolition of presumption of coercion of married woman by husband. 15 & 16 Geo. 5, c. 86, s. 47. 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. Power to permit conditional release of offenders. 7 Edw. 7, c. 17, s. 1(2) & (3). [cf. No. 41 of 1932, s. 30.] Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6. Ordinance No. 1 of 1932. Conditions as to abode of sureties. 50 & 51 Vict. C. 25, s. 3. [cf. No. 41 of 1932, s. 118 I (2) (b).] 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. [24.3.33.] Interpretation of reference to information. Repeal of rules and orders.

https://oelawhk.lib.hku.hk/items/show/1466

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