CRIMINAL LAW PROCEDURE ORDINANCE

CRIMINAL LAW PROCEDURE ORDINANCE

ORDINANCE No. 3 of 1565.

Criminal Law Procedure.

No. 3 of 1865.

An Ordinance to consolidate the Dins relating to Criminal
Procedure.

2nd June, 1S6h.]

Ti tlc.
[ Set 01-d1 1-
nance-s : !l o. 29'
of 186rJ, No. <i
qf 1872 * a,
2.; qf zssx.3

Preamble.

~IIERI:AS the la«-s reaulatinIM - criminal procedure in this Colony

~ are numerous and complicated, and it is expedient to consolidate
the said laws: 13e it enacted by His Excellency the Governor of Ilongkong,
with the advice of the Legislative Council thereof, as follows:-

' 1. The several Ordinances 'and parts of Ordinances in the schedule
llopet>zor .
OraittaucGA
(A) hereto annexed shall continue in force until and throughout the :tr,a
partF.,t'
OrVinn.ncus
thirteenth day of June 111 the present year, and shall from and after
that tttentioned iIr

schedule (A).
day be repealed.

w. Provided that every act duly done and every warrant and other
instrument duly made or granted' before this Ordinance comes into
-operation shall continue and be of the same force and effect as if the
said
,Ordinances or parts of Ordinances lead not been repealed ; and that
every action, prosecution and otter proceeding which shall have been
commenced before this Ordinance comes into operation or s17a11 thereafter
be commenced in respect of any such matter or thing may be prosecuted,
continued and defended in the same manner as if the said Ordinances and
parts of Uidinances had not been repealed.

3. The ordinary sessions for the despatch of the criminal business of the
supreme
Court shall commence on the eighteenth day of every month except October,
['September'
.as amended by Ordinance No. 11 of 1866] or if the eighteenth day be a
dies non on
the first lawful day then neat following; Provided always that the said
Court may, on
-duo notice thereof being given, hold an additional session whenever it
may be necessary
or expedient so to do. [ Repealed by Ordinance No. 2 of 1869. .

4. For the purpose of bringing zz, criminal case under the cognizance of
the Supreme Nretnoa of
proceeding.
court an information :hall be signed by the Attorney General, or if the
Attorney
,General shall at any tiaze be unable to sign the same by reason of his
absence from the
Colony or other sufficient cause, the sumo shall be signed by some person
nominated and
:appointed for that purpose by Ifiis Excellency the Governor. [Repealed
by Ordinance
11'a. 2 of Isss.]

5. Every information shall bear date on the day when the same wart signed
and Form ofinfarmx-
tion.
*lrall with such averments as may be necessary to meet the facts of each
case be in tho
following form;
'In the Supreme Court
The clay of 186
IIongkong (to wit). The Attort:ey General charges A.13., with the murder
of

Criminal
aeasiona.

Repeal not to

affect acts,
&c., commit: .
tea before the
uomita itrt«
operation of
this Or(li-
nanCe.
I~ i

ORDINANCE No. 3 of 186.

Criminal Law Procedure.

C.D., [or with having robbed, or stolen from the person of C.D., or with a
burglary in a dwelling-house, or as the cage may be] at F., on the

day of 18 :-

And if there be more than one count, then the eecmd, and every subsequent
count, if
any, shall, with the like modifications, be in the following form as near
as may be:-
'And also with piracy in making a revolt on board of the vessel F., or as
the case may be, (or setting fire to a dwelling-house, or as the case may
beJ
at F,., aforesaid [or as the case may be,] on the day and year last
aforesaid
[or as the case may be.]' [Repealed by Ordinance Yo. 2 of 1869.1
r~,~racuhr~ 6. It shall be lawful for the Chief Justice to order further
particulars
quay b°
ordered. of any charge to be delivered when he shall deem it expedient so
to do.
Joinder of 'J, Parties may be charged with different felonies and
misdemeanors.
offences ii.l

ror,na. or with different felonies or misdemeanors in the same
information where

'l''' the person thereby injured is one and the same person, or where the
- several offences so charged constitute or relate to one and the same
transaction, but the Chief Justice or other presiding Judge shall have
power to prevent the trial of different felonies or misdemeanors together
if such trial would be inexpedient, and in such case lie may order
separate
records to be made up and separate trials to be had.

Jurisdiction 8. In an information for felony or misdemeanor committed on
the
°.er °ffen°eii 'High Seas or in Foreign Parts the allegation that the
party in used was at
on the high a seas, &°.' h°`° the time o£ the offence charged in the peace
of the Queen shall be a
;~lirgotl, a p

sufficient allegation of the jurisdiction of the Court to hear
and'determine

the case.

iarormati°n 9, very information, when so signed as aforesaid, shall be
brought

i~,;~;a by to the office of the Registrar o£ the Supreme Court and shall
be filed by
him in the said Court. [Amended by Ordinance No. 23 of 1882.

,Notice 10. The Registrar or his deputy shall indorse on, or annex to,
every
ii~'n.''r°'°'~ information and every cbpy delivered [ to the sheriff :
Repealed by Ordinance
No. 23 of 1882] for service thereof a notice of trial which notice shall
specify the Court before which, and the particular session and time when,
he will bring the party to trial on the said information, and which shall
be in the form in schedule (B) hereunto annexed, or as near thereto as
may be.
rra°es~, c°~y 11. The Crown Solicitor [`~ The Registrar or a Deputy
Registrar°'
or in E°arrra-
floa and as amended, by Ordinance No. 23 of 1882 shall deliver or cause to
be
notice o£ trial
to~r>eaeii-7erea delivered [to the sheriff: Repealed by Ordinance No. 23
of 1882 and new

m Sheriff.

acords substitectcd j a copy of the information with the notice of trial
indorsed.
ORDINANCE No. 3 of 1865.

Criminal Law Procedure.

on the same or annexed thereto; and if there are more parties charged
than one then as many copies as there ire parties.
12. The sheriff Such Bailiff ' a3 amended by Ordinance No. 23 of
1882 shall, as soon as may be, after having received a copy or copies
of the information and notice or notices of tr ial, [and , fr.ne days at
least
before the day tlcerein specified .fir trial: Repealed by Ordinance No. 8
of

1884] by himself or his deputy or other officer deliver to the party or
parties charged the said copy or copies and notice or notices, and explain
to him or them the nature and exigency thereof; and when the same or
tiny or either of them cannot be found he shall leave a copy or copies of
the said information and notice or notices of trial with some one of his
or
their household for him or them at his or their dwelling-house or with
some one of his or their clerks fur him or them at his or their counting
house or place of business, and if none such can be found, shall a-ffix
.the
said copy or copies and nonce or notices to the outer or principal door of
his or their dwelling-house.

13. Provided always that nothing herein contained shall prevent
tiny person in custody at the opening of or during any criminal session
from being tried thereat, if he shall express his desire to be so
tried-and
wo special objection be made thereto on the part of the Crown.
14. The officer serving the copy or copies of the said information
and notice or notices shall forthwith transmit to the Registrar a return
of the mode of service thereof.
15. When it shall appear by the return made by the officer executing
the same that the copy or copies of the information and notice or notices
of trial have been duly served in manner hereinbefare provided and the
party or parties charged on being thrice called on the day appointed far
the trial does or do nut appear, it shall be competent for the prosecutor
to more the Court, if the party or parties charged have been admitted to
bail, that he or they and his or their sureties may be called upon their
recognizance or recognirarrces and in default of his or their appearance
that tire same may be estreated ; and it shall also be competent for the
prosecutor to apply to the Court for 'a warrant for the apprehension. of
the
said: party or parties..

16. It the, prosecutor or his attorney having given notice of
trial Preeeedinp
shall not aphea:° in ('ourt to- prosecute or prefer the said information
before peana ce of
the c~lo-;e of the he.'iun of that Court before which he gave notice of
trial, prosecutorafter notice of
it, shall, be competent for the party or parties charged to move the
Court trim'

Return of
service of
copy of in-
formation, kc.

Proceedings
on non=ap- .
pearanee of
partyehaargeE3:.

Time and
mode of
summoning
parties on
information-

Prisoner may
be tried at
once.
QRDINANt`;E INo: 3 of 1865.

Criminal Law Procedure.

to discharge him or them therefrom; and when lie or they, or any other,
on his or their behalf has or have been bound by recognizance for his or
their appearance so to take his or their trial then that the said recoani-
zauce may be discharged; and where the information is at the instance-of .
a private party it shall also be competent to the party or parties charge6
to move tile Court that tile said private prosecutor or his sureties
shall be
called on their recognizance and in default of his appearance that the
sarne
may be estreated.

' 17. I'he subf,wna or process of the Court for procuring the attendance
of any person on behalf of the Crown who shall not have been bound by
recognizance to appear before the said Court to give evidence in any,
criminal case, shall be sued out of the Registrar's office by the Crown-
Solicit;or°; or, where tile prosecution is at the instance of a private;-
party,
by the prosecutor or his attorney, err by the party or parties charged or
Iris or their attorney; [and the same shall be delivered to the sherif
art hid'
office, for execution thereof, together with -o many copies of the sub
~rcrna its
there are persons to be seared therewith. Repealed by Ordinance No. 23 of
x-882 and new word, sub,tiluted.] -

18. The names of four witnesses may be inserted in one subpc?-na;:
and they shall be described therein with such certainty that the summon-
ing officer may be able readily to find them; and the form of the subpcma
shall, as near as may be, be according to the like form established in the
said Court in arid for civil cases.

19. ,When the prosecution is at tile instance of a private person, he
or some one on his behalf, shall, at the time of delivering the said sub-
,
p,mna and copies thereof, also.pay to- the sheriff his ['j,ay into the
Registry
the' as amended by Ordinance No. 2.3 of 18.82] lawful costs and charges:;
for executing the same, tobether.with such further sum or sumsofmoney-

as the said private party intends the said sherif ('the.bailiff' as
amended.

Process for
procuring
attendance of
witnesses on
criminal
oases.

J40W many
witnesses-in
one eubpmna.

Private pro-
secutor to pay
sheriff's .coats
together with
expenses

by Ordinance No. 23 of 18~2] to give or tender to the .said witnesses

respectively for their travelling expenses. -

Service of 20. Service of any suly;coia upon any person therein named to
give_
~`b~''~' evidence, sll,ill be made by delivering to him or by leaving with
some, one~

oleis household for him at his dEVC Ilily-house, or witll some one of his
clerks at his counting-louse or place cf business, when he cannot be
found, a copy of the said .subpwna; .and the summoning officer shall at;
- tbe same time- shew, him or the .pqrson with whom the copy is left, the
URDINA\CE No. 3 of 1865.

Criminal Law Procedure.

original. and shall inform him of the exigency thereof; and the said
officer
shall in all cas.~s ~,ndorse on, or annex to the original, a return of the
manner of his execution thereof, and shall transmit the same to the Regis-
trar of tile Court

21. Mlle prisoner to be tries upon any information shall be placed at
the bar unfettered, unless the Court shall se cause otherwise to order;
and the information shill be read over to him, by the Rer;istrar or other
officer of the Court, and explained, if need be, by that officer, or the
interpreter of the Court; and such prisoner shall be required to plead
instantly thereto; unless where the prisoner is entitled to service of a
copy
of the information, i-e shall object to the want of such service, and the
Court shall find that he has not been duly served therewith.

22. Every prisoner upon being arraigned upon or char1credW with
any information by pleading generally thereto the plea of 'Not Guilty'
shall without further form be deemed to have put himself upon the
country for trial, and in ally plea of autrefois convict or aut-refois
acquit
it shall be sufficient for any prisoner to state that he has been lawfully
convicted or acquitted, (as the case may be) of the said offence charged
in the information.

23. If any prisoner being arraigned upon, or charged with, any
information stand mute of malice, or who neither will, nor by reason of
infirmity, can, answer directly to the information, the Court shall, if
it think fit., order tile Registrar to enter a plea of 'Not Guilty' on
behalf of such prisoner, and the plea so entered shall have the same
force.and effect as if such prisoner had actually pleaded the same; or
else
the Court shall thereupon cause a jury to be impanelled to try whether
the prisoner be of sound or unsound mind, and if he shall be found to be
of -unsound. mind the Court shall make such. order touching the safe
custody of the prisoner as to the Court shall'seem just and proper; and
if he shall be found of sound° mind the Court shall proceed with the
trial.

24. It shall be lawful for the Court at any time to amend the Amendment.,;
information or proceedings in any matter of form or substance,. the:
omission or insertion of which, as the case may be, has not, in the
opinion

of the Court, prejudiced or is calculated to,prejudicethe prisoner in his
d efence..

. - . ,..fig;: ATarty producing a witness shall not be allowed to impeach
his credit by, How far a party
may discredit
general evidence of bad character, but he may, in case the witness shall
in the opinion: iiz- - w-isness.

Pleading to
information.

Effect of a
plea of 'Not
Guilty.

How plea of
autr. foia
convict or
acquit to be
pleaded.

If prisoner
refuses to
plead hour tr
bo'd&lt wzth.
Proof of contra-
dictory state-
ments of adverse
witness.

Crossexemtna-
ttonpstopreviow
'statements lax
,writing,

Proof-ofprerfoul
wmvictton of s.
Wltneas,may, be
given.

Attesting
witaeeb need
not be palled,
eaqogt In certain
Cases,

Comparison of
disputed writing;

ORDINANCE No. 3 0F 186.

Criminal Lazy Procedure.

of the Court, prove adverse, contradict him by other evidence, or, by
leave of the.
Court, prove that ho has made at other times a statement inconsistent
with his present
testimony; but before such last mentioned proof can be given, the
circumstances of the'
supposed statement, sufficient to designate the particular occasion, must
be mentioned
to the witness, and be must be asked whether or not he has made such
statement.
[Repealed by Ordinance No. 2 of 1889.1

26. If a witness, upon cross-examination as to a former statement made by
him
relative to the subject-matter of the trial, and inconsistent with his
present testimony,
does not distinctly admit that be has made such statement, proof may be
gives that he
did in fact make it; but before such proof can be given, the
circumstances of the
supposed statement, sufncient to designate the particular occasion, must
be mentioned
to the witness, and he must be asked whether or not he has made such
statement.
[Repealed by Ordinance No. 2 of r889.]

2,7, A witness may be cross-examined as to previous statements made by
him in
writing, or reduced into writing, relative to the subject-matter of the
information,
without such writing being shown to him ; but if it is intended to
contradict such
witness by the, writing, his attention must, before such contradictory
proof can be given,
be called to those parts of the writing which are to be used for,the
purpose of so con-
tradicting him: Provided always, that it shall be competent.for the
Court, at any time
during the trial, to require the production of the writing for its
inspection, and the said
Court may thereupon make such use of it, fur the purposes of the trial,
as it shall
think fit. [Repealed by Ordinance No. 2 of 1889.E

28; A witness on any trial may be questioned as to whether be has been
con-
victed of any felony or misdemeanor, and, upon being so questioned, if he
either denies
the fact, or refuses to answer, it shall be lawful for the opposite party
to prove such
conviction; and a certificate containing the substance and effect only
(omitting the
formal part) of the indictment or information and conviction for such
offence, purport-
ing to be signed by the clerk of the Court, or other officer having the
custody of the
records of the Court where the offender was convicted, or by the deputy
of such clerk
or officer, shall, upon 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 appear-
ing to have signed the same. (Repealed by Ordinance No. 2 of 1889.E

29. It shall not be necessary to prove by the attesting witness any
instrument
to the validity of which attestation is not requisite; and such
instrumentmay be proved
by admission, or otherwise, as if there had been no attesting witness
thereto. [Ripealett
by Ordinance No. 2 of 1889.E

30. Comparison of a disputed writing with any writing proved to the
satisfaction
of the Court to be genuine shall be permitted to be made by witnesses;
and such
writings, and the evidence of witnesses respecting the same, may be
submitted .to the
Court and jury as evidence of tire genuineness- or otherwise, of the
writing is dispute.
[Ropealed, by Ordinance Nor. 2. of .1889:1
ORDINANCE No. 8 or 1865.

Criminal Law Procedure.

31, Either party shall be at liberty to apply to the Court for a rule
=or order for the inspection by the jury, or by himself or by his
witnesses,
.of any real or personal property, the inspection of which may be material
to the proper determination of tile question in dispute; and it shall be
lawful for the Court, if it think fit, to make such rule or order upon
such
terms as to costs and otherwise as such Court may direct.

32. It shall be lawful for the Court to make such rules or orders rule or
oraer-
for summon-
upon the sheriff or other person: Repeated by Ordinance No. 2.3 o, f
1882] ing jury.
US may be necessary to procure the attendance of a special or common jury
for the trial of any matter depending in such Court., at such time and
place and in such manner as the said Court may think fit.

33. If on the trial of any person charged with any felony or
misdemeanor the jury shall be of opinion that the defendant did not
complete the offence charged but only attempted to commit the same, the
defendant shall not be acquitted, but the jury may return a verdict of not
guilty of the felony or misdemeanor charged, but guilty of an attempt
to commit the same, and thereupon the defendant shall be punished as if
convicted on an information for attempting to commit such felony or
misdemeanor; and no person tried as herein lastly mentioned shall be
afterwards prosecuted for an attempt to commit the felony or misdemeanor
for which he was so tried.

34. If on tiny trial for robbery the jury shall be of opinion that no
robbery was committed but an assault with intent to rob, the defendant
shall not be therefore acquitted, but the jury shall return a verdict of
guilty of an assault with intent to rob, and thereupon the defendant shall
be. punished as if convicted on an information for feloniously assaulting
with intent to rob; and no person tried as herein lastly mentioned shall
be afterwards prosecuted for an assault with intent to commit the robbery

for which he was so tried.

35. If, on any trial for misdemeanor, the facts given in evidence
:amount to; a felony the defendant 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
shall think 4yin its discretion to discharge 'the jury from giving any
verdict on such trial and to direct such person to be prosecuted for
felony;
whereupon such person may be dealt with as if not previously put on
-trial for misdemeanor.,

Inspection I>T
jury, by
partite, or by
witnesses.

Party in<rict-
ed for felony
or misde-
meanor may
be found guil-
ty of attempt,
and shall not
be prosecuted
afterwards
for attempt.

Similarly
with party
indicted for
robbery.

I'artyindicte.d
for misde-
meanor not in
be acquitted it
the offence
be proved
felony, unless
Court so
direct.
ORDINANCE :No. 3 of 156.

Criminal Law I'rocedurc.

Persons 36, If, oh any trial for burglary, stealing in a dwelling-house, or
charged with
burglary, &e., breaking and entering and stealing in :>. shop, warehouse
or countiuy=

may, be con-
9ioteaog house or a buihling within the curtilarie of a dwelling-house the
facts
house-break.
,'ng, &a. proved in evidence authorize a conviction for some other of the
said,
offences and not the offense wherewith the defendant is clamed, the jury
shall return abainst him a verdict of guilty of the said other offence and
. thereupon he shall be punished as if he had been convicted on an infor-
mation charaing him with such offence; and he shall not be afterwards
prosecuted for the offence whereof he is, so found guilty.
When snag- $7. No j udnrnent shall be stayed or reversed on the ground of
any
ment is not
to be revers- objection which, if stated, before the ,jury were
impanelled, or during the
~`r' progress of the trial might have been amended by the Court nor because
of any error committed in summoning or swearing the jury, or any of
them; nor because any person who leas served upon the jury has not
been returned by the sheriff, nor because of any objection which might
have been stated as a ground of challenge of any of the jurors nor for.
any informality in swearing the witnesses or any of them.
tneoasistent ' ~,3$, All rules and orders inconsistent with the provisions
of this
rules and
ad
orders deOrdinance shall and the same are hereby declared to be of no
force and
olared to be
of no force. . 'effect whatsoever.

$hort title. 39. In citing this Ordinance in any instrument, document or
pro-
ceeding, it shall be sufficient to use the expression 'The Criminal Law
Procedure Ordinance, 1$65.'

Commence. 40. This Ordinance shall commence and take effect on the four-
maen eof Oni.n teenth day of June in the year one thousand eight hundred
and sixty-five-

SCHEDULE ( A. )

ORDINANCE.

No. 8 of 1845.
No. 6 of 1846.

TITLE.

'EXTENT OF REPEAL-

An Ordinance to regulate Criminal Proceedings..

An Ordinance for the Regulation of Criminal Pro-
ceedings in. tine Supreme Court of .Hongkong
during the absence of Her Majesty's Attorney

General

The whole:

The whole.
No. 3 of 1865.

Criminal Law Procedure.

ORDINANCE.

No. I of 1850.

No. 4 of 1852.

No. 5 of 1856.

No. 6 of 1856.

No. 7 of 1857.

No. 1 of 1858.
No. 3 of 1858.

SCHEDULE (A),-Continued.

TITLE.

An Ordinance for the Better Administration of
Justice in Criminal Proceedings before the
Supreme Court. and for improving the Law of
Evidence ................................

An Ordinance to facilitate the Administration of

Criminal Justice . .. .. .... .. ...... ..

An Ordinanee for the Amendment of Procedure in
Civil and Criminal Cases ... ... .. .... ... ...

An Ordinance to extend the Criminal Procedure

Ordinance No. 4 of 1852 ...... ... .. .

An Ordinance for amending the Laws relating to
Juries and Evidence ....

. . . . .. .. .. . . . . . ..
An Ordinance for Criminal Procedure ..........
An Ordinance for the Supreme Court.

SCIMULIa: (B.)

Notice of Trial of Information.

offences against the Person.

IEfiTENT OF REPEAL.

The whole.

The whole.

Section 1.

The whole.

Section 8.
The whole.
Section 2.

A. I3.
. TAKE, notice, that you will he tried on this information (or on the
information,
whereof this is a true copy) at the criminal sessions of the Supreme
Court, to be holden

at Victoria, in and for the Colony of IIongliong, on the day of
749
Title.
[See Ordinances: No. 2 of 1869, No. 5 of 1872 & No. 23 of 1882.]
Preamble.
Repeal of Ordinances and parts of Ordinances mentioned in schedule (A).
Repeal not to affect acts, &c., committed before the coming into operation of this Ordinance.
Criminal sessions.
Method of proceeding.
Form of information.
750
Particulars may be ordered.
Joinder of offences in one information.
Jurisdiction over offences on the high seas, &c., how alleged.
Information to be filed by Registrar.
Notice of trial on information.
Process, copy of information and notice of trial to be delivered to sheriff.
751
Time and mode of summoning parties on information.
Prisoner may be tried at once.
Return of service of copy of information, &c.
Proceedings on non-appearance of party charged.
Proceedings on non-appearance of posecutor after notice of trial.
752
Process for procuring attendance of witnesses on criminal cases.
How many witnesses in one subpaena.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpaena.
753
Pleading to information.
Effect of a plea of 'Not Guilty.'
How plea of autrefois convict or acquit to be pleaded.
If prisoner refuses to plead how to be dealt with.
Amendment.
How far a party may dicredit his own witness.
754
Proof of contradictory statements of adverse witness.
Cross-examination as to previous statements in writing.
Proof of previous conviction of a witness may be given.
Attesting witness need not be called, except in certian cases.
Comparison of disputed writing.
755
Inspection by jury, by particles, or witnesses.
Rule or order for summoning jury.
Party indicted for felony or misdemeanor may be found guilty of attempt and shall not be prosecuted afterwards for attempt.
Similarly with party indicated for robbery.
Party indicated for misdemeanor not to be acquitted if the offence be proved felony, unless Court so direct.
756
Persons charged with burglary, &c., may be convicted of house-breaking, &c.
When judgment is not to be reversed.
Inconsistent rules and orders declsred to be of no force.
Short title.
Commencement of Ordinance.
757

749
Title.
[See Ordinances: No. 2 of 1869, No. 5 of 1872 & No. 23 of 1882.]
Preamble.
Repeal of Ordinances and parts of Ordinances mentioned in schedule (A).
Repeal not to affect acts, &c., committed before the coming into operation of this Ordinance.
Criminal sessions.
Method of proceeding.
Form of information.
750
Particulars may be ordered.
Joinder of offences in one information.
Jurisdiction over offences on the high seas, &c., how alleged.
Information to be filed by Registrar.
Notice of trial on information.
Process, copy of information and notice of trial to be delivered to sheriff.
751
Time and mode of summoning parties on information.
Prisoner may be tried at once.
Return of service of copy of information, &c.
Proceedings on non-appearance of party charged.
Proceedings on non-appearance of posecutor after notice of trial.
752
Process for procuring attendance of witnesses on criminal cases.
How many witnesses in one subpaena.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpaena.
753
Pleading to information.
Effect of a plea of 'Not Guilty.'
How plea of autrefois convict or acquit to be pleaded.
If prisoner refuses to plead how to be dealt with.
Amendment.
How far a party may dicredit his own witness.
754
Proof of contradictory statements of adverse witness.
Cross-examination as to previous statements in writing.
Proof of previous conviction of a witness may be given.
Attesting witness need not be called, except in certian cases.
Comparison of disputed writing.
755
Inspection by jury, by particles, or witnesses.
Rule or order for summoning jury.
Party indicted for felony or misdemeanor may be found guilty of attempt and shall not be prosecuted afterwards for attempt.
Similarly with party indicated for robbery.
Party indicated for misdemeanor not to be acquitted if the offence be proved felony, unless Court so direct.
756
Persons charged with burglary, &c., may be convicted of house-breaking, &c.
When judgment is not to be reversed.
Inconsistent rules and orders declsred to be of no force.
Short title.
Commencement of Ordinance.
757

https://oelawhk.lib.hku.hk/items/show/203

1890

v2

No. 3 of 1865

9