INDICTMENTS ORDINANCE, 1919

INDICTMENTS ORDINANCE, 1919

No. 17 of 1919.

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

[12th October, 1919.]

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

2. The rules contained in the 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
rnade 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 Incorporated Law Society of Hong Kong, 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
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 without 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 reasonable information
as to the nature of the charge.

(2) Notwithstanding any rule of law or practice, an indict-
ment shall, subject to the provisions of this Ordinance, not be

As amended by by Rev. Ord., 1939, Supp. Sched.





open to objection in respect of its form or contents if it is framed
in accordance with the rules under this Ordinance.

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 mis-
demeanors, 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 without 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 accused 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 such 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 inay 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 order as to admitting the
accused person to bail and as to the enlargement of recognizances
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 otherwise 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.

SCHEDULE. [s. 2.]

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 offenee.

As amended by Law Rev. Ord., 1939, Supp. Sched.'





(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 the statute creating the
offence.

(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 particulars of offence being varied
according to the circumstances in each case.

(0) Where an indictment contains more 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 operation of the statute creating the offence.

3.-(1) The description of propeTty 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 be necessary (except when required for the
purpose of describing an offence depending 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 more 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'' ot. 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 narne 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'.

5. 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 ornission referred to.
7. It shall not be 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 defraild, deceive or injure a particular person ail
essential ingredient of the offence.

8. The Interpretation Ordinance, 1911, applies for the inter-
pretation of these rules its it applies for the interpretation of an
Ordinance.

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

APPENDIX. [rule 1 (5).]

FORMS OF INDICTMENT.

1.
STATEMENT OF OFFENCE,
Murder.
PARTICULARS OF OFFENCE.

A.B., on the da , 19 , at
in this Colony, murdered J.S.






2.
STATEMENT OF OFFENCE.

Accessory after the fact to murder.*

PARTICULARS OF OFFENCE.

A.B., well -knowing that H.C. had murdered C.C., did on the
day of 19 , and on other
days thereafter at in this Colony, receive, comfort,
harbour, assist and maintain the said H.C.

3.
STATEMENT, OF OFFENCE.
Manslaughter.
PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, linlawfully killed J.S.

4.
STATEMENT OF OFFENCE.
Rape.
PARTICULARS OF OFFENCE.
A. B., on the day of 19 at
in this Colony, had carnal knowledge of E.F. without her consent.

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 , 19 , at
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.

As amended by Law Rev. Ord., 1939, Supp. Sched.





Second Count.

STATEMENT OF
OFFENCE.

Wounding, contrary to section 19 of the Offences against the

Person Ordinance, 1865.
PARTICULARS Or OFFENCE.

A.B., on the day of , 19 at
in this Colony, maliciously' wounded C.D .

STATEMENT OF OFFENCE.

Larceny, contrary to section 31, sub-section (1) (a), of the Larceny
Ordinance, 1935.

PARTICULARS OF
OFFENCE.

A.B., on the day of 19 at

in this Colony, being clerk ot servant to M.N., stole from the said
M.N. ten yards of cloth.



STATEMENT CP
OFFENCE.

Robbery with violence, contrary to section 40, sub-section (1) (b), of
the Larceny Ordinance, 1935.

PARTICULARS OF
OFFENCE.

A.B., on the day of , 19 , at
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.

As amended by No. 32 of 1935 [6.9.35].

As amended by Law Rev. Ord., 1939, Supp. Sched





PARTICULARS OF OFFENCE.

A.B., on the day of 19 ' at

in this Colony, stole a bag, the property of C.D.

A.B. has been previously convicted. of felony, to wit, burglary,
on the day of 19 at the criminal
sessions of the Supreme Court.

Second Count.

STATEMENT OF OFFENCE.

Receiving stolen goods, contrary to section 51, sub-section (1),
of the Larceny Ordinance' 1935.

PARTICULARS OF OFFENCE.

A.B., on the day of , 19 at
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 contrary to sections 25 and 42, sub-section
(1), of the Larceny. Ordinance, 1935.

PARTICULARS OF OFFENCE.

A.B., in the night of the day of '19
at 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.

Uttering threatening letter with intent, contrary to section 46,
sub-section (1) (ii), of the Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

A.B. on the day of 19 ' at
in this Colony, uttered, knowing the contents thereof, a letter or
writing threatening to accuse J.N. of a certain crime, to wit, of
having attempted to commit the abominable crime of buggery with
the said A.B., with intent to extort or gain money from the said J.N.

* As amended by No. 32 of 1935 [6.9.35].





11.

STATEMENT OF OFFENCE.

Obtaining goods by false pretences, contrary to section 49 of the
Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

A.B on the day of 19 , at
in this Colony, with intent to defraud, obtained from S.P. five yards
of cloth by falsely pretending that. he, the said A.B., was a servant
to J.S., and that he, the said A.B., had then been sent by the said
J.S., to S.P, for, the said cloth, and that he, the said A.B., was
then authorized by the said J.S. to receive the said cloth on behalf
of the said J.S.

12. .

STATEMENT OF. OFFENCE.

Conspiracy to defraud.
PARTICULARS OF OFFENCE.
A.B. and C.D. on divers days between the day of
, 19 and the day of ,19
at in this Colony, conspired together and with other
persons unknown to defraud such persons as should thereafter be
induced to, part with money to the said A.B. and C.D. by false
representations that A.B. and C.D. were then carrying on a genuine
business as jewellers at in this Colony and that they
were then willing and prepared to supply articles of jewellery to such
persons.

13. .

First Count.

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

PARTICULARS OF OFFENCE.

A.B., on the day of , 19 , at
in this Colony, maliciously set fire to a dwelling- house, one F.G.
being therein.

As amended by Law Rev. Ord., 1939, Supp. Sched,





Second Count.
STATEMENT OF OFFENCE.
Arson, contrary to section 4 of the Malicious Damage Ordinance,

PARTICULARS OF OFFENCE.

A.B., on the day of 19 , at
in this Colony, maliciously set fire to a house with intent to injure
or defraud..

14.

STATEMENT OF OFFENCES.

A.B., arson, contrary to section 4 of the Malicious Damage
Ordinance, 1865;
C.D., accessory before the fact to same offence.
PARTICULARS OF OFFENCES.

A.B., on the day of 19 at.
in this Colony, set fire to a house with intent to injure or defraud.

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

First Count.

STATEMENT OF OFFENCE.

Offence under section 27A (1) of the Malicious Damage Ordinance,
1865.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 , at
in this Colony, displaced a sleeper belonging to the Kowloon-Canton
Railway with intent to obstruct, upset, overthrow, injure or destroy
any engine,. tender, carriage or truck using the said railway.
Second Count.

STATEMENT OF OFFENCE.

Obstructing railway, contrary to section 27A (2) of the Malicious
Damage Ordinance, 1865.





PARTICULARS OF OFFENCE.

A.B., on the day of 9 19 at
in this Colony, by unlawfully displacing a sleeper belonging to the
Kowloon-Canton Railway did obsiruct or cause to be obstructed an
engine or carriage using the said railway.

16.

First Count.
STATEMEXT OF OFFENCE.

Forgery, contrary to section 4 (1) (a), of the Forgery Ordinance,
1922.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 at
in this Colony, with intent to defraud, forged a certain will purporting
to be the will of C.D.

Second Count.
STATEMENT OF OFFENCE.
Uttering forged document, contrary to section 8 of the Forgery
Ordinance, 1922.

PARTICULARS OF OFFENCE.

A. B,, on the day of 19 ' at
in this Colony, uttered a certain forged will purporting to be the will
of C.D., knowing it to be forged and with intent to defraud.

17.

STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 8 of the Coinage
Offences Ordinance,, 1865.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 , at a shop
called ' , at in this Colony,
uttered a counterfeit dollar, knowing the same to be counterfeit,

As amended by Law Rev. Ord., 1939, Supp. Sched,



18.

STATEMENT AF OFFENCE.

Uttering counterfeit coin, contrary to section 11 of the Coinage
Offences Ordinance, 1865.

PARTICULARS OF OFFENCE.

A. B., on the day of 19 , at a shop
called - at 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 day
of 19 at

19
STATEMENT OF OFFENCE.
Libel.
PARTICULARS OF OFFENCE.
A. B., on the day of 19 at
in this Colony, published a defamatory libel concerning E.F., in the
form of a letter [book, pamphlet, picture, ar as the case. may be].

[Innuendo should be stated where necessary].

20.
First Count.
STATEMENT OF OFFENCE.
Publishing obscene libel.
PARTICULARS OF OFFENCE.
E.M., on the day of at
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 neces-
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., on the day of 19 ' at
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 Count.

STATEMENT OF OFFENCE.

Falsification of accounts, contrary to section 3 (b) of the
Falsification of Documents Ordinance, 1935.

PARTICULARS OF. OFFENCE.

A.B., on the day of 19
at in this Colony, being 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 toshow 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 ,' 19 at
in this Colony, being clerk or servant to C.D., with intent to defraud,
omitted or concurred in omitting from or in a cash book belonging to
the said C.D., his employer, a material particular, that is to say, the
receipt on the said day of 50 dollars from H.S.

22.

First Count.

STATEMENT OF OFFENCE.

Fraudulent conversion of property, contrary to section 32, sub-
section (1).(iii) .(a), of the Larceny Ordinance, 1935.

As amended by No. 32 of 1935 [6.9.35].
As amended by No. 33 of 1935 [6.9.35].
PARTICULARS OF OFFENCE.

A.B., on the day of 19 at
in this Colony, fraudulently converted to his own, use and benefit
certain property, that is to say,100 dollars entrusted to him by H.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 .32, sub-
section (1) (iii) (b), of the Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

A. B, on the day of 19 at
in this Colony, fraudulently converted to his own use. and benefit
certain property, that is to say, the sum of 200 dollars received by
him for and on. account of L. M.
[Originally No. 17 of 1919. No. 32 of 1935. No. 33 of 1935. Law Rev. Ord., 1939.] Short title. Rules as to indictments. 5 & 6 Geo. 5, c. 90, s. 1. Schedule. Powers of Rule Committee. 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. Saving and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. Mode in which offences are to be charged. [Schedule contd.] Appendix. Provision a to statutory offences. Description of property. [Schedule contd.] Description of persons. Description of document. General rule as to description. Statement of intent. Interpretaton. Ordinance No. 31 of 1911. Short title. [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.]

[Originally No. 17 of 1919. No. 32 of 1935. No. 33 of 1935. Law Rev. Ord., 1939.] Short title. Rules as to indictments. 5 & 6 Geo. 5, c. 90, s. 1. Schedule. Powers of Rule Committee. 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. Saving and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. Mode in which offences are to be charged. [Schedule contd.] Appendix. Provision a to statutory offences. Description of property. [Schedule contd.] Description of persons. Description of document. General rule as to description. Statement of intent. Interpretaton. Ordinance No. 31 of 1911. Short title. [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.] [Schedule, Appendix contd.]

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