CRIMINAL PROCEDURE ORDINANCE

CRIMINAL PROCEDURE ORDINANCE

CHAPTER 221.
THE CRIMINAL PROCEDURE ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section Page
1. Short title ............................. ... ... ... ... ... 140
2. Interpretation ....................... 140

PART I - BUSINESS OF THE COURT.
3. Master of Crown Office ................... ... ... ... ... 140
4. Ordinary and special sessions ............ ... ... ... ... 140
5. Bringing of prisoners before the court ... ... ... ... 141
6. Bringing of certain classes of prisoners before court for
delivery ............................. ... ... ... 141
7. Assistance by police ..................... ... ... ... ... 141
8. Prisoners entitled to be discharged ...... ... ... ... ... 141
9. Rules and orders as to practice and procedure ... ... 142

PART II - PROCEEDINGS PRELIMINARY TO TRIAL.
10. Transmission of documents relating to case ... ... ... 142

Referring back of case.
11. Power to refer back to be dealt with summarily ... 143
12. Power to refer back- for further inquiry ... ... ... 143
13. Further provisions as to referring back ... ... ... 143

Bail.
14. Power to bail accused person ............ ... ... ... ... 144

Institution of proceedings.
15. Institution of proceedings by Attorney General ... ... 144
16. Right of Attorney General not to prosecute ... ... ... 144

Indictment.
17. Rule committee for indictments .......... ... ... ... ... ... 145
18. Signing and form of indictment .......... ... ... ... ... ... 145
19. Joinder of charges in the same indictment ... ... ... 145
20. OfTence committed on high seas or in foreign parts ... 146
21. Averment as to money or bank note ....... ... ... .... 146
22. Charge of previous conviction ........... ... ... ... ... 146
23. General provision as to matters not necessary to be alleged,
etc. ................... ......... ... ... ... . 1. 146
24. Orders for amendment of indictment, separate trial and
postponement of trial .................. ... ... ... ... 147
25. General provisions as to indictments .... ... ... ... ... 148
26. Savings and interpretation .............. ... ... ... ... ... 148





Section Filing and service of indictment.Page

27. Filing of indictment ..................... ... ... 148
28. Indorsement of notice of trial ............ ... ... ... 149
29. Delivery of copies of the indictment for service and for
information .............................. ... ... ... ... 149
30. Service ................................... ... ... ... ... ... 149
31. Return of service ...................... ... ... ... ... ... 149

Plea.
32. Form of plea of autrefois convict or acquit ... ... ... 149

Inspection of property, etc.
33. Inspection of property by party or witnesses ... ... 150
34. Rule or order for attendance of jury ... ... ... ... 150

Witnesses.
35. Suing out of subpoena for witness ...... ... ... ... ... 150
36. Payments for service, etc . ............ ... ... ... ... 151
37. Service of subpoena ....................... ... ... ... 151
38. Return of service ...................... ... ... ... ... ... 151
39. Non-attendance of witness at adjourned trial ... ... ... 151

Postponement of trial.
40. Procedure as to witnesses .............. ... ... ... ... 151
41. Procedure as to accused person and sureties ... ... ... 152

PART, III-PROCEEDINGS AT TRIAL.
Mode of trial.
42. General mode of trial .................. ... ... ... ... 152
43. Trial at bar .............................. ... ... ... ... 152
44. Saving of right of Attorney General to file information for
misdemeanor ......................... . ... ... ... 152

Default of appearance.
45. Proceedings on non-appearance of prosecutor ... ... ... 153
46. Proceedings on non-appearance of accused person ... ... 153
47. Apprehension of accused person not appearing ... ... 153
48. Abolition of outlawry .................. ... ... ... ... ... 154
49. Bringing up of accused person in custody for other cause 154

Arraignment.
50. Arraignment of accused person .......... ... ... ... ... 154
51. Effect of plea of not guilty ........... ... ... ... ... 154
52. Procedure where accused person on arraignment does not
answer .......................... - ... ... ... ... ... 154
53. Procedure on indictment containing count charging previous
conviction ............................ ... ... ... ... ... 154
54. Objection of substance to indictment ... ... ... ... ... 155





Evidence.
Section Page
55. Competency of witnesses in criminal cases ... ... ... ... 155
56. Evidence of person charged ... ... ... ... ... ... ... ... 156
57. Right of reply ... ... ... ... ... ... ... ..'. ... ... ... 156
Calling of wife or husband in certain cases ... ... ... ... 157
59. Application ... ... ... ... ... ... ... ... ... ... ... ... 157
60. Statements of accused persons ... ... ... ... ... ... ... 157

Conviction for offence other than that charged.
61, Conviction for wounding on indictment for felonious wounding 157
62. Conviction for assault with intent to rob on indictment for
robbery ... ... ... ... ... ... ... ... ... ... ... ... 158
63. Conviction for burglary on indictment for stealing in dwelling-
house, etc . ... ... ... ... ... .... ... ... ... ... ... 158
64. Conviction for attempt on indictment for full o1Tence ... ... 158
65. Conviction for misdemeanor although facts amount to felony 158

Proof of certain matters.
66. Proof of previous conviction ... ... ... ... ... ... ... 159
67. Proof on trial of plea of autrefois convict or acquit ... ... 159
68. Burden of proof where acts done without lawful excuse, etc. 159

Case punishable on summary conviction.
69. Procedure where person is committed for trial through error 159

Verdict and judgment.
70. Special provision for saving validity of verdict in cases of 160
larceny, etc. ... ... ... ... ... ... ... .. .. ...160
71. Cumulative sentences ... ... ... ... ... ... ... ... ... 160
72. Abolition of attainder ... ... ... ... ... ... ... ... ... 160
73. Calling upon the accused after verdict declared unnecessary 160

Costs and compensation.
74. Court may award costs agai nst person convicted of indictable
ofYence ... ... ... ... ... .. ... ... ... ... ... ... 161
75. Court may award compensation to person defrauded or
injured ... ... ... ... ... ... ... ... ... ... ... ... 161

Arraignment and trial of insane person.
76. Procedure where accused person appears ... ... ... ... 162
77. Special verdict where accused person found guilty, but insane
at time of ofTence ... ... ... ... ... ... ... ... ... 162
78. Provision for custody of accused person found insane ... 162

Pregnancy and Infanticide.

79. Proceedings and sentence in case of expectant mother
convicted of capital ofYence ... ... ... ... ... ... ... 163
80. Offence of infanticide ... ... ... ... ... ... ... .... ... 164





PART IV-PROCEEDINGS SUBSEQUENT TO TRIAL.
Section Reservation of question of law. Page

81. Power to reserve question of law for consideration of the
Full Court ............................... ... ... ... ... 164

Appeals.
82. Appeals ................................ 165

Further provisions relating to appeals and cases reserved.
83. Prohibition of staying or reversal of judgment on specified,
grounds .................................. 169
84. Treatment pending determination of case by Full Court 169

Restitution of property.
85. Restitution of property in case of conviction ... ... 170

Calendar of sentences.
86. Transmission and effect of calendar of sentences 171
87. Delivery and effect of certificate of sentences after each day 171

Undergoing sentence, etc.
88. Effect of undergoing sentence for felony not punishable with
death ................ ................ ... .. 171
89. Filing of original documents ........... ... ... ... ... 172

PART V-ACCESSORIES AND ABETTORS.
Accessories before the fact.
90. Accessory before the fact may be indicted, etc. as principal 172
91. Accessory before the fact may be indicted, etc. as such or
as substantive felon .................. 172

Accessories after the fact.
92. Accessory after the fact may be indicted, etc. as such or
as substantive felon .................. ... ... ... ... 172
93. Punishment of accessory after the fact ... ... ... 173

Accessories generally.
94. Several accessories may be included in same indictment 173
95. Abettor in misdemeanor may be indicted, etc. as principal
offender ............................... ... ... ... ... 173

PART VI. MISCELLANEOUS.
Ownership of property.

96. Mode of stating ownership of property of partners, etc. 173
97. Mode of stating ownership of church, etc. 174
98. Mode of stating ownership of public property ... ... 174
99. Criminal remedies of married woman against her husband
and others ..............; ............ ... ... ... ... 174
100. Criminal liability of wife to husband ... ... ... ... ... 175





Coercion by husband.
Chapter Page
101. Abolition of presumption of coercion of married woman by
husband ... ... ... ... ... ... ... ... ... ... ... 175

Apprehension of offenders.
102. Summary apprehension of offender in certain cases ... ... 175

Seizure of property.
103. Seizure of property the proceeds of indictable offence ... 176
104. Seizure of things intended for use in commission of indictable
offence ... ... ... ... ... ... ... ... ... ... ... ... 176
105. Search warrant ... ... ... ... ... ... ... ... ... ... ... 177
106. Report of property found upon person apprehended ... ... 177
107. Application of money found upon person apprehended ... 177

Probation of first offenders.
108. Power to permit conditional release of offenders ... ... ... 177
109. Provision in case of offender failing to observe conditions
of release ... ... ... ... ... ... ... ... ... ... ... 178
110. Conditions as to abode of sureties ... ... ... ... ... ... 178

Enforcing recognizance.
111. Preparation of list of persons making default on recognizance 178
112. Issue of writ of execution ... ... ... ... ... ... ... ... 179
113. Apprehension and detention of person making default where
recognizance is unsatisfied ... ... ... ... ... ... ... 179
114. Failure of such person when released to appear at next
session ... ... ... ... ... ...... ... 179

Fines, forfeitures, and contempts.
115. Proceedings against person fined by the court ... ... ... 180

Pardon.

116. Power to grant conditional pardon ... ... ... ... ... .... 180
117. Effect of pardon ... ... ... ... ... ... ... ... ... ... 181
118. Recording of pardon ... ... ... ... ... ... ... ... ... 181
119. Saving of prerogative of mercy ... ... ... ... ... ... ... 181

Error, etc.
120. Prohibition of proceeding in error ... ... ... ... ... ... 181
121. Interpretation of reference to, information ... ... ... ... 181
122. Repeal of rules and orders ... ... ... ... ... ... ... ... 181

SCHEDULES.





CHAPTER 221.

CRIMINAL PROCEDURE.

To consolidate and amend the laws relating to criminal
procedure, evidence and practice.

[7th July, 1899.]

1. This Ordinance may be cited as the Criminal
Procedure Ordinance.

2. In this Ordinance-
'bailiff' means the bailiff of the court and includes any
deputy of the bailiff;
'court' means the Supreme Court acting in the exercise
of its criminal jurisdiction;
'indictment' includes any criminal information triable by.
a jury;

'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;
'Registrar' means the Registrar of the court.

PART I

BUSINESS OF THE COURT.

3. The Registrar shall ex officio be Master of the
Crown Office. [4

4. (1) The ordinary session for the despatch of the
business of the court shall commence on the iSth da), of
every month or, if that day is a general holiday, then on
the lawful day next following : Provided always that the
Chief justice may, on due notice thereof being given,
change the day so appointed, or, 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. [5

5.The Commissioner 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 is called 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 adjourn
nient thereof. [6

6. (1) The Commissioner of Prisons shall, by him-
self or his deputy, on the first day of every session of the
court, deliver in open court to die presiding judge a correct
list of all persons in his custody upon any charges of indict-
able offences who have not been then tried, or upon whom
sentence has not been then passed, or who have been corn-
rnitted 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 corn-
rnitted.
(2) He shall also, by hirnself 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 aforesaid as the court may direct him so to bring
and produce. [7

7. The police shall afford such assistance as may be
necessary to enable the Commissioner of Prisons to comply
with the requirements of sections 5 and 6. [8

8. 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, and also 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. [9





9. (1) The Chief justice i-nay 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. bee ' n approved by the Legislative
Council and have been published in the Gazette.

(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, the fees and costs to
be allowed therefor, and generally 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 enactment 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. [10

PART II.

PROCEEDINGS PREMMINARY TO TRIAL.

10. (1) The following documents, together with a
certified copy thereof, shall, as Soon as may be after the
committal 6f the accused person, be transmitted by the
magistrate to 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 gistrar 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. [11





Referring bacle of case.

11. 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 document the magistrate with directions to
deal with the case accordingly, and with such other direc-
tions as he may think proper. [12

12. (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 docu-
ments to the magistrate with directions to reopen 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. [13

(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 reopened and dealt with in all respects as if the
accused person had not been committed for trial.

13. (1) Any direction given by the Attorney General
under section ii or 12 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
transmitted by the Attorney General to the Registrar, and
shall be filed by life 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 Commissioner
of Prisons.

(4) When the Attorney General directs that a case
shall be dealt with summarily under section ii or that an
inquiry shall be reopened under section 12, the following
provisions shall have effect-
(a) where the accused person is in custody, the
magistrate may, by an order in writing under his





hand, direct the Commission of Prisons to convey
him or cause him to be conveyed to the place where
such proceedings are to be held, for the purpose
of being dealt with as the magistrate inay direct ;
(b) where the accused person is on bail, the magistrate
shall 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 continued under
the provisions of Part III or of Part IV of the
Magistrates Ordinance, as the case may be. [14

Bail.

14. The court or a judge may at any time, on the
application 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. [15

Institution of proceedings.

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

16. (1) The Attorney General shall not be bound to
prosecute an accused person in any case in which fie may
be . of opinion that the interests of public justice do not
require his interference.

(2) Whenever the Attorney General declines to file
indictment against any person committed to prison for trial
for any indictable offence he may issue a warrant in Form
i in the First Schedule to the Registrar, who shall there-
upon, unless the person in question has been admitted to
bail, by order under his hand and the seal of the court,
in Form 2 in the First Schedule, direct the person in whose
custody the prisoner may be immediately to discharge im
without any fee from imprisonment in respect of the offence
mentioned in such order. [17





Indiciment.

17. (1) There shall be established for the purposes of
this section a rule committee consisting of the Chief justice,
the Attorney General, the Registrar, the senior 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 to make rules
with regard to indictments and in particular with regard to
such matters as may be prescribed by rules made under the
Indictments Act, 1915.

(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 there-
under.

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

(2) Every indictment may be in Form 3 in the First
Schedule with such additions and modifications as may be
necessary to adapt it to the circumstances of the particular
case.

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

(2) If one sentence is passed upon any verdict of
guilty on an indictment contain inmore 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.





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 jurisdic-
tion of the court to hear and determine the case.

21. In any indictment in which it is necessary to make
an averment as to 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.

22. 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 con
viction or of a felony or misdemeanor, as the case may be,
without further describing the offence. [25

23. 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 of office or other descriptive appella-
tion 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 impossibl day, or on a day that never happened,
or for want of any statement of the 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. [26

24. (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 indict-
ment 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 may be; 'and
(b)the procedure on the separate trial of a count shall
be the same in all respects as if the count had been
found in a separate indictment, and the procedure
on the postponed trial shall be the same in all





respects (if the jury has been discharged) as if the
trial had not commenced; and
(c) the court may make such 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.

25. (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
indictment shall,.subject to the provisions of this Ordinance,
not be open to objection in respect of its form or contents
if it is framed in accordance with the rules under this.
Ordinance.

(3) It shall be lawful for the judge to order further
particulars of any charge to be delivered, in any case in
which he deems it expedient to do so. [27

26. (1) Nothing in sections 17, 19, 24 and 25 Or the
rules made under section 17 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 ans,
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 section 24 and this section 'the court' means
the court before which any indictable offence is tried or
prosecuted.

Filing and service of indictment.

27. Every indictment, when so signed as aforesaid,
shall be brought to the Registrar's office and shall be. filed
by him in the court. [28





28. (1) The Registrar shall indorke 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 indictment and the date of the commencement
thereof.
(2) The notice may be in Form 4 in the First Schedule
or as near thereto as circumstances will admit. [29

29. 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
1he Commissioner of Prisons. [30

30. (1) 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 Commissioner 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 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 time 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. [31

31. 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. [32

Plea.
32. In any plea of autrefois convict or autrefois 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. [33





Inspection of property, etc.

33. 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 pro
perty, 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. [34

34. 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. [35

Witnesses.

35. (1) The subpoena, or process of the court for pro-
curina 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 subpoena duces
lecum, shall be sued out by the Attorney General, or, where
the prosecution is at the instance of a private person, by the
prosecutor or his solicitor, or by the accused 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 of four witnesses may be inserted in
one subpoena, 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.

(4) The party obtaining the subpoena 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. [36





36. When the prosecution is at the instance of a private
person, such person or some one on his behalf shall, at the
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 respec
tively for their travelling expenses. [37

37. (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 his 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. [38

38. 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 Re
gistrar. [39

39. Every witness who is present when the trial of a
case, is adjourned, 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 subpoena to
attend and give evidence.
[40

Postponement of trial.

40. (1) 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 iespite 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 fresh recognizance for
that purpose, in such and the same manner, and with the
same consequences in all respects, ns if he were originally
bound by his recognizance to attend and give evidence at
the time and place to which such trial has been postporied.

(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. [41

41. 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 maii
ner, and with the same consequences in all respects, as if
he were originally bourd by his recognizance to appear
and be tried at the time and place to which such trial has
been so postponed. [41 A

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 modon 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. (1) Nothing in this Ordinance shall 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, as nearly 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 appea-rance.
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 there-
from, and if he, or any other person or! 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 pri-
vate 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 of the prosecution, 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, does not
appear to plead to such indictment, whether he is under re-
cognizance 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 Commissioner of Prisons to bring up the body of such
person, us often as may be required, for the purpose of the
trial, and the Commissioner of Prisons 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 be 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 plead-
ing 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 being arraigned, stands
mute of malice or pleads guilty to a charge of murder or
other capital offence or will not answer directly to the in-
dictment, the court shall, if it thinks fit, order the Registrar
to enter a plea of not guilty on be ' half 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. Wherean 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 indict-
ment, 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 in-





dictment, he shall be asked whether he has 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.

54. (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 court 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 be 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 bail, and may
order him to plead to another indictment when called on
nt the same session of the court.

Evidence.
55. Every person charged with an offence, and the
wife. or husband as the case may be of the person so
charged, shall be a competent witness for the defence at
every stage of the proceedings, whether the person so
charged is charged solely or jointly with any other person:
Provided as follows-
(a)a person so charged shall not be called as a witness
in pursuance of this section except upon his own
application ;
(b)the failure of any person charged with an offence,
or of the wife or husband as the case may be of
the person so charged, to give evidence shall not
be made the subject of any comment by the
prosecution ;
(c)the wife or husband of the person charged shall
not, save as in this section mentioned, be called
as a witness in pursuance of the section except
upon the application of the person so charged;





(d)nothing in this section shall make a husband com-
pellable to disclose any communication made to
him by his wife during the marriage, or a wife
compellable to disclose any communication made
to her by her husband during the marriage;
(e)a person charged and being a witness in pursuance
of this section may be asked any question in
cross-examination notwithstanding that it would
tend to criminate him as to the offence charged;
(f) a person charged and called as a witness in
pursuance of this section shall notbe asked, and if
asked shall not be required to answer, any question
tending to show that he has committed or been
convicted of or been charged with any offence
other than that wherewith he is then charged, or
is of bad character, unless-
(i) the proof that he has committed or been
convicted of such other offence is admissible
evidence to show that he is guilty of the offence
wherewith he is then charged; or
(ii) he has personally or by his advocate asked
questions of the witnesses for the prosecution with
a view to establish his own good character, or has
given evidence of his good character, or the
nature or conduct of the defence is such as to
involve imputations on the character of the prosecu-
tor or the witnesses for the prosecution; or
(iii) he has given evidence against any other
person charged with the same offence;
(g)every person called as a witness in pursuance of
this section shall, unless otherwise ordered by the
court, give his evidence from the witness box or
other place. from which the other witnesses give
their evidence.

56. Where the only witness to the facts of the case
called by the defence is the person charged, he shall be
called as a witness immediately after the close of the
evidence for the prosecution.

57. In cases where the right of reply depends upon
the question whether evidence has been called for the
defence, the fact that the person charged has been called





as a witness shall not of itself confer on the prosecution
the right of reply.

58. (1) The wife or husband of a person charged with
an offence tinder any enactment mentioned in the Second
Schedule may be called as a witness either for the prosecu-
tion or defence and without the consent of the person
charged.
(2) Nothing in section 55 shall affect a case where the
wife or husband of a person charged with an offence may
at common law be called as a witness without the consent
of that person.

59. Sections 55 to 58 shall apply to all criminal
proceedings, notwithstanding any other provision in force
at the time of their enactment.

60. If on a trial by jury of a person accused of an
offence, a statement alleged to have been made by such
accused person is admitted in evidence, all evidence relating
to the circumstances in which the'alleged statement was
inade shall be admissible for the purpose of enabling the
jury to decide upon the weight (if any) to be given to the
statement; and, if any Such evidence has been taken in the
absence of the jury before the admission of the statement,
the Crown and such accused person shall have the right to
have any such evidence retaken in the presence of the
jury. [55

Conviction for offence other than that charged.
61. 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. [57





62. If, on any trial for robbery, 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 hirn guilty of an assault with intent to rob, and there-
upon the accused person sliall 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. [58

63. If, on any trial for burglary, stealing in a
dwelling-house, 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 he is guilty of the offence
charged in tile 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 sarne manner as if he had
been convicted upon an indictment charging him with such
offence. [59

64. 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 is 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. [60

65. If, on any trial for misdemeanor, the facts given
in evidence amount to a felonyi the accused person shall
riot be therefore acquitted of such misdemeanor; and no
person tried for such misdemeanor shall be liable after-
wards to be prosecuted for felony on the satile facts, unless
the court thinks fit to discharge the jury from giving anx
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. [61

Proof of certain matters.

66. Where an indictment contains a count charging
the person with having been previously convicted,
andcessary on the trial to prove such previous
conof the conviction for the offence punish
able on summary ciction or a certificate containing the
substance 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 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.

67. On the trial of an issue on a plea of autrefols
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. [65

68. Where the offence with which any person is
charged is-

(a) the doing of any act; or
(b) the omission to do any act; or
(c) the possession or custody of any matter or thing,
without lawful or reasonable authority or purpose or excuse,
the proof of such authority or purpose or excuse shall lie
on the person charged with the offence.

Case punishable on summary conviction.

69. (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 inay either order that the case shall





be 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 tile court may deem proper.

(2) It shall bc the duty of the magistrate to whom
any such directions are addressed to obey the saine. [66

Verdict and Judgment.

70. (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 pre-
tences 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. [67

71. 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 thail 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 afore
said. [69

72. 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. [70

73. 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 fie has anything to say why judg-





ment 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
judgnient, forthwith to pass sentence upon the accused. [71

Costs and contpensation.

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

75. (1) It shall be lawful for the court, on the applica-
tion of any person aggrieved and immediately after the
conviction of any person for an indictable offence, to award
any sum of money, not exceeding one thousand 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 com-
pensation 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
rnay 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 74. [73

Arraignment and trial of insane person.

76. (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, during 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 such case direct the jury to
abstain from finding a verdict upon the indictment and, i.n
lieu thereof, to return a verdict that such person is insane
Provided that a verdict under this section shall not affect
the trial of an), person so found to be insane for the offence
for which lie was indicted in case he subsequently becomes
of sound mind. [74

77. Where in an indictment any act or omission is
charged against any person as an offence, and it is given
in evidence on 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 lie did the act or made the
omission charged, but was insane as aforesaid at the time
when he did or rnade the same, the jury shall return i
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. [75

78. (1) When any person is found to be insane under
the provisions of section 76, or has a special verdict found
against him under the provisions of section 77, the court
shall direct the finding of the jury to be recorded, and





thereupon the court may order such person to be detained
in safe custody, in such place and manner 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
tinder the laws for the care and custody of lunatics, or
otherwise as lie may think proper. [76

Pregnancy and Infanticide.

79. (1) Where a woman convicted of an offence
punishable with death is found in accordance with the pro-
visions of this section to be pregnant, the sentence to be
passed on hei shall be sentence of imprisonment for life
instead of sentence of death.

(2) Where an 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
inore medical practitioners shall be sworn and shall examine
the woman in some private place, either together or succes-
sively, 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 deat.h shall not bc passed upon her.

(3) No jury de jentre iitspiciendo shall be empanelled
or sworn in any, such case.

(4) Where on proceedings under subsection (2) t]IC
court finds that the woman in question is not pregnant, and
passes sentence of death, the wonfan may, appeal to the
Full Court tinder section 82, and that court, if satisfied for
any reason that the finding should be set aside, ..shall quash
the 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. [77





80. (1) Where a wornan by any wilful act or omission
causes the death of her child being a child under the age.
of twelve months, but at the time of the act or omission
the balance of her mind was disturbed by reason of her
not having fully recovered from the effect of giving
birth to the child or by reason of the effect of lactation
consequent upon the birth of the child, then, notwithstand-
ing that the circumstances were such that but for the
provisions of this section the offence would have amounted
to murder, she shall 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
the child.
(2) Where upon the trial of a woman for the murder
of her child, being a child under the age of twelve months,
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 the balance of her mind was disturbed by reason
of her not having fully recovered from the effect of giving
birth to the child or by reason of the effect of lactation
consequent upon the birth of the child, then the jury may,
notwithstanding that the circumstances were such that but
for the provisions of this seclion 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 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 48 of the Offences against the Person Ordinance,
except that for the purposes 01 the proviso to that section
a child shall be deemed to have recently been born if it
had been born within twelve months before its death.
(4) The said section 48 shall also apply in the case of
the acquittal of a woman upon an indictment for infanticide
as it applies upon the acquittal of a woman upon an indict
ment for murder. [77A

PART IV.
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of question of law.
81. (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 mean-
while 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 fie may think fit, conditioned
to appear at such time or tinies 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, notwith
standing that it is of opinion that the question so reserved
inight be decided in favour of the convicted person, affirin
the conviction if it considers that no substantial miscarriage
of justice has actually occurred. [78

Appeals.

82. (1) A person convicted on indictment may appeal
to the Full Court---
(a)against his conviction on any ground of appeal
which involves a question of law alone; and
(b)against his conviction, with the leave of the Full
Court or upon the certificate of the judge who 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 rnixed law and fact, or an y other
,round which appears to the Full Court or to the
judge who tried him to be a sufficient ground of
appeal; and
(c)with the leave of the Full Court or upon the certi-
ficate of the judge 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 subsection (5) and section 83, 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 or cannot be supported having regard to the
evidence, or that the judgment 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 judg-
ment and verdict of acquittal to be entered or order a new
trial.

1 (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 other 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 convicted on some other count or part of
the indictment, the Full Court may either affirm
the sentence passed on the appellant at the trial,
or pass such sentence in substitution therefor as
it thinks proper, and as may be warranted in law
on the count or part of the indictment on which
it considers that the appellant has been properly
convicted ; .
(b)that on the finding of the jury, where an appellant
has been convicted of an offence and the jury could
on the indictment have found him guilty of sonic
other offence, the jury must have been satisfied of
facts which proved hirn guilty of that other offence,
the Full Court may, instead of allowing or dis-
missing the appeal, substitute for the verdict found
by the jury a verdict of guilty of that othler 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 con-
clusion 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
bc 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 was guilty of the act
or omission charged against him, he was insane
at the tline 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 78 if a special verdict had been found by
the jury ;
(e)that any 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 annulled, 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 which it would be convenient that separate judg-
inents 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
licaring the case as the president directs.

(7) Notice of appeal or of in 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 fline as the
Full Court may 'allow, in such manner as may be provided
by rules and orders made under section 9 or as may
be directed by the Chief justice in any matter not provided
lor 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 he 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 heard
and determined with as much expedition as practicable, and
the sentence shall not be executed until after the determina-
tion of the appeal, 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 determination of the case; and
(b)order any witnesses who would have been com-
pellable 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 examina-
tion of any such. witnesses to be conducted in
manner provided by rules and orders made under
section 9 before any judge of the court or before
any officer of the court or any magistrate, justice
of the peace or other person appointed by the Full
Court for the purpose, and allow the admission of
any depositions so taken as evidence before the Full
Court; and
(c)receive the evidence, if tendered, of any witness
(including the appellant) who is a competent but
not compellable witness; and
(d)where any question arising on the appeal involves
prolonged 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 reference of the
question in manner provided by such rules and
orders as aforesaid for inquiry and report to a
special commissioner appointed by the Full Court,
and act upon the report of any such commissioner
so far as it thinks fit to adopt it; and
(c)appoint any person with special expert knowledge
to act as assessor in any case where it appears to





the Full Court that such special knowledge is
required for the proper determination 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
any evidence that was not given at the trial.
(9) The Full Court may, if it seems fit, on the applica
tion of an appellant, admit the appellant to bail pending
the determination of the appeal. [78A

Further provisions relating to appeals and cases reserved.

83. Except where, in the opinion of the Full Court,
a substantial miscarriage of justice has actually occurred,
no judgment shall be stayed or reversed under section 8x
and no appeal shall be allowed under section 82-
(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
swearing the jury or any of 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 wit
nesses or any of them. [78B

84. (1) Persons committed to prison under subsection
(i) of section Si and appellants not admitted to bail under
subsection (9) of section 82 shall, pending the determina-
,ion of their cases by the Full Court, be treated in such
manner as may be directed by any rules made under any
Ordinance relating to prisons for the treatment of prisoner
committed for trail for indicate offecne.

(2) The time during which any such person or
appellant is admitted to bail under subsection (i) of section
Si or subsection (9) of section 82, and, subject to any direc-
tions 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) A n appellant, notwithstanding that lie is in
custody, shall be entitled to be present, if lie desires it,
on the hearing of his appeal, except where the appeal is
on some ground involving a question of law alone., but,
in that case and on an application for leave to appeal and
on any proceedings preliminary or incidental to an appeal,
shall not be entitled to be present, except where rules and
orders made under section 9 provide that lie 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 an~
case under section 81 ; but without it the accused shall not
be entitled to be present.
(4) The power of the Full Court to pass any sentence
tinder this Ordinance illay be exercised notwithstanding
that the accused is for any reason not present.
The Full Court in every appeal or case reserved
under this Ordinance shall, subje~t 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, release on recognizances or any other
matter. [78C

Restituittioit of Prope7ty.

85. (1) Subject to the provisions of the Pawnbrokers
Ordinance, where any person is convicted of an indictable
offence, any property found in his possession, or in the
possession 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 magis-
trate or the court from ordering the return to any person
charged with an indictable offence, or to any person named
by the inagistrat.e or the court, of any property found in





the possession of the person so charged or in the posses-
sion of any other person for him, or of any portion thereof,
if the magistrate. or the couit is of opinion. that such
property, or portion thereof can be returned consistently with
the interests of justice and with the safe custody or other-
wise of the person so charged. [79

Calendar of sentences.

86. (1) As soon as conveniently may be after the
conclusion of cacti session, a copy of the calendar of sen-
tences, under the hand of a.judge and the seal of the court,
shall be transmitted by the Registrar to the Colonial
Secretary.
(2) A similar copy shall also be transmitted by the
Registrar to the Commissioner 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
Commissioner of Prisons being lost or destroyed, a fresh
copy, signed and scaled as above- mentioned, shall be
delivered by the Registrar to the Commissioner of Prisons
and shall have the same effect as the copy first given to that
officer. [81

87. (1) At the end of each day's sitting of the court in
every session, the Registrar shall deliver to the Commissioner
of Prisons or his deputy a certificate, in Form 5 in the First
Schedule, of all sentences passed by the court during that
day.

(2) Such certificate shall be a sufficient warrant to the
Commissioner of Prisons for receiving into his custody all
prisoners named therein, and for carrying into effect all sen-
tences described therein, other than sentences of death, until
the calendar of sentences for that session is received by him.
[82

Undergoing sentence, etc.

88. Where any person convicted of any felony not
punishable 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 con-
viction for any other felony. [83

89. When any. case:.has been finWly disposed of, the
Attroney General shall deliver to theRgisarar 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. [84

PART V.

ACCESSORIES AND ABETTORS.

Accessories before the fact.

90. Every person who becomes an accessory before the
fact to any felony, whether the same is a felony at common
law or by virtue of any Act or Ordinance, may be indicted,
tried, convicted and punished in all respects as if he were a
principal felon.

91. Every person who counsels, procures or commands
any other person to commit any felony, whether the same is
a felony at common law or by virtue of any Act or Ordin-
ance, shall be guilty of felony and may be indicted and
convicted either as an accessory before the fact to the principal
felony, together with the principal felon, or after the convic-
tion of the principal felon, or may be indicted and convicted
of a substantive felony, whether the principal felon has or
has not been previously convicted or is or is not amenable
to justice, and may thereupon be punished in the same rnan-
ner as any accessory before the fact to the same felony, if
convicted. as an accessory, may be punished.

Accessories after the fact.

92. Every person who becomes an accessory after the
fact to any felony, whether the same is a felony at common





law or by virtue of any, Act or Ordinance, may be indicted
and convicted either as an accessory after the fact to the
principal felony, together with the principal felon, or after
the conviction of the principal felon, or may be indicted and
convicted of a substantive felony, whether the principal felon
has or has not been previously convicted or is or is not amen-
able to justice,. and may thereupon be punished in like
manner as an accessory after the fact to the same felony, if
convicted as an accessory, may be punished.

93. Every accessory after the fact to any felony (except
where it is otherwise specially enacted), whether the same is
a felony at common law or by virtue of any Act or Ordin-
ance, shall be liable to imprisonment for two years and it
shall be lawful for the court to require the offender to enter
into his own recognizances, with or without sureties, for
keeping the peace, in addition to such punishment :Provided
that no person shall be imprisoned under this section for not
finding sureties for any period exceeding one year.

Accessories generally.

94. Any number of accessories at different times to any
felony, and any number of receivers at different times of
property stolen at one time may be charged with substantive
felonies in the same indictment and may be tried together,
notwithstanding that the principal felon is not included in
the same indictment or is not in custody or amenable to
justice.

95. Every person who aids, abets, counsels or procures
the commission of any misdemeanor, whether the same is a
misdemeanor at common law or by virtue of any Act or
Ordinance, shall be liable to be indicted, tried and punished
as a principal offender.

PART VI.

MISCELLANEOUS.

Ownershilp of Property.
96. (1) Where, in any document in any proceeding
under this Ordinance, it is necessary to state the ownership
of any property which belongs to or is in 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 the case may be.

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

(3) The provisions of this section shall be construed to
extend to all joint-stock companies and associations, societies,
and trustees. [85

97. Where, in any such document, it is necessary to
state the ownership of any church, chapel, or building set
apart for religious worship, or of anything belonging to or
being in the 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. minister, or of the church
body or the church-wardens of such church, chapel or
building, without its being necessary to name him or them.
[86

98. Where, in any such document, it is necessary to
state the ownership of any work or building made, erected,
or maintained, either in whole or in part, at the expense of
the Government, or of any city, town, or village, or of any-
thing 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 or used for making, altering, or repairing
any such work or building or any public road or highwav,
or of any other property whatsoever of the Government it
shall be 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.
[87

99. (1) Every married 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 the property to which
the indictment 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 proceeding shall be taken
by any wife against her husband by virtue of this section
while they are living together, as to or concerning any
property claimed by her, nor while they are living apart, as
to or concerning any act done 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. [88

100. 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 99, shall in
like manner be liable to criminal proceedings by her husband.
[89

Coercion by husband.

101. 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 it shall be a.good defence to prove that the offence
was committed in the presence of, and under the coercion
of, the husband. [89A

Apprehension of offenders.

102. (1) Any person found committing an indictable
offence may be apprehended by any person whomsoever,
without warrant.

(2) Any person whosoever may, without warrant, arrest
any person on a charge of having committed an indictable
offence, if such an offence has actually 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 he, on reasonable grounds, suspects to
have been obtained by means of an indictable offenc6 may
arrest such last-mentioned person without warrant and take
possession of the property.

(5) Every person who arrests any person under ally 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 some police officer 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, or himself convey him before
a magistrate, as soon as reasonably may be, for that purpose.

(6) Nothing in this section shall affect the powers of
apprehension conferred upon constables or other persons by
any other enactment. [90

Seizure of property.

103. 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 frorn the seizure, such
property, or the proceeds thereof, shall be forfeited to the
Crown. [91

104. 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 same to be held and dealt with in the sarne manner
as property seized under section 103. [92

105. An order made under section 103 or 104 may
be enforced by a search warrant. [93

106. 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. [94

107. If, on the apprehension of any person charged with
an indictable offence, any money is taken frorn him, the court
may, in its discretion, in case of the conviction of such per
son, 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. [95

Probation of first offenders.

108. (1) Where any person has been convicted on indict-
ment of any offence punishable with imprisonment, and the
court is of opinion that, having regard to the character,
antecedents, age, health, or mental condition of the person
charged, or to the trivial nature of the offence, or to the
extenuating circumstances under which the offence was com-
mitted, it is inexpedient to inflict any punishment or any other
than a nominal 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 tile
order.

(2) The court may, where it makes an order under this
section, further order that the offender shall pay such costs of
the proceedings or such damages for injury or compensation
for loss as the court thinks reasonable, or both such costs and
damages or compensation. [96





109. (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 lie
thinks fit, instead of issuing a warrant in the first instance,
issue a summons to the offender and his 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 appre-
hension 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 com-
mitted during remand to a prison, or, if he is a child or
young person under the age of sixteen, to a place of deten-
tion provided under the juvenile Offenders Ordinance.

(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 his guilt, convict and
sentence him for the original offence. [97

110. The court, before directing the release of an offender
under section 108, shall be satisfied that the sureties, if any,
have fixed places of abode or regular occupation in the
Colony. [98

Enforcing recognizance.

111. (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 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) The 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. [99

112. A writ of execution shall be issued from the Regis
trar's office against every such person who is liable 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. [100

113. Every person who is arrested under the provisions
of section 112 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 recogni
zance, 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
arpested 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. [101

114. 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 or any part of the forfeited recognizance or of the sum
of money paid or to be paid in lieu or satisfaction thereof.
[102





Fines, forfeitures, and contempts.

115. (1) The bailiff shall, without further warrant or
authority, arrest any person upon whom any fine has been
imposed by the court, 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 consequence 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 Commissioner of
Prisons, to any writ of habeas corpus 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 shall
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 which 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 in
curred, provided such fine or forfeiture has not been already
paid or satisfied. [103

Pardon.

116. A magistrate or the court may, with the consent in
writing of the Attorney General, order iliat a pardon be
granted to any person accused or suspected of, or committed
for trial for any indictable offence, on condition of flis 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. [104





117. In every case where, either a free or conditional
pardon is granted to any person, the discharge of the offender
in the case of a free pardon, and the performance of the con
dition, in the case of a conditional pardon, shall have the
same effect as a pardon has in the like cases under the public
seal. [105

118. (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 par-
clon 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
of all courts, judges, magistrates, officers, and others, on
production thereof, to take notice of and to give effect to the
same. [106

119. 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. [107

Error, etc.

120. No proceeding in error shall be taken upon any trial
under the provisions of this Ordinance. [108

121. Where, in any Ordinance, or in any rules, regula
tion, by-law, or or.der, or in any other document of whatever
kind, reference is made to an information in the court in
respect of an indictable offence, such reference shall, unless
the context otherwise requires, be taken as applying to an
indictment in the court. [110

122. All rules and orders of the court which are inconsis-
tent with the provisions of this Ordinance shall and the same
are here by declared to be of no force or effect whatsoever.
[111





FIRST SCHEDULE.

FORM 1.

HONG KONG.

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

Attorney General.

To the Registrar of the Supreme Court.

FORM 2. [S. 16 (2).]

[L.S.] In the Supreme Court of Hong Kong.

To

Whereas is detained in your custody under the
warrant of upon a charge of and whereas the
Attorney General declines to file any indictment against the said
you are therefore hereby authorized and required forth
with to discharge the saidfrom your custody without
fee or reward.
Given under my hand and the seal of the court the day of
,19

Registrar.

FORM 3. [s.18]

Indictment.

IN THE SUPREME COURT OF HONG KONG.

The day At the ordinary criminal session of the Supreme Court
of 19 holden at Victoria for the month of ,19
[or, in case of special session, At the special criminal
sessionof the Supreme Court holden at Victoria on
the day of , 19 ] the court
is informed by the Attorney General, on behalf of
our Lord the King, that A.B. is charged with the
following offence-





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
shall 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)

PARTICULARS OF OFFENCE.
(as the case may be)
etc., etc.

(Signed)

Attorney General.

--- FORM 4. [s. 28.]

Notice of trial of indictment.

IN THE SUPREME COURT OF HONG KONG.

To A.B.

TAKE 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
Hong Kong, on the day of 19

(Signed)

Registrar.





[First Sch.
cont.] [s. 87.1]
FORM 5.

CERTIFICATE OF SENTENCES.

IN THE SUPREME COURT OF HONG KONG.

To the

This is to certify that the undermentioned persons were sentenced this day to undergo the undermentioned punishment
namely-

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

months with the day of 19 being the opening date of theSession.
C.D.,-imprisonment - hard labour to commence on
years without . the day of 19

Dated this day of 19

(Signed)

Reotrar.





SECOND SCHEDULE. [ S. 58.]

Originally 13 of 1899. Fraser 9 of 1899. 14 of 1906. 31 of 1911. 17 of 1919. 14 of 1929. 2 of 1939. 45 of 1949. 24 of 1950. Short title. Interpretation. Master of Crown Office. Ordinary and special sessions. Bringing of prisoners before the court. Bringing of certain classes of prisoners before court for delivery. Assistance by police. Prisoners entitled to be discharged. Rules and order as to practice and procedure. 24 of 1950, Schedule. Transmission of documents relating to case. Power to refer back to be dealt with summarily. Power to refer back for further inquiry. Further provisions as to referring back. [s. 13 cont.] (Cap. 227). Power 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 indictment. First Schedule. Forms 1, 2. Rule committee for indictments. 5 & 6 Geo. 5, c. 90, s. 2. 17 of 1919, s. 3. 24 of 1950, Schedule. (5 & 6 Geo. 5 c. 90). Signing and form of indictments. First. Schedule. Form 3. Joinder of charges in the same indictment. 5 & 6 Geo. 5, c. 90, s. 4. 17 of 1919, s. 5. 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. Orders for amendment of indictment, separate trial and postponement of trial. 5 & 6 Geo. 5, c. 90, s. 5. 17 of 1919, s. 6. [s. 24 cont.] General provisions as to indictments. 5 & 6 Geo. 5, c. 90, s. 3. 17 of 1919, s. 4 (1). 17 of 1919, s. 4 (2). Savings and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. 17 of 1919, s. 7. Filing of indictment. Indorsement of notice of trial. First Schedule. Form 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 for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure as to witnesses. [s. 40 cont.] Procedure as to accused person and sureties. General mode of trial. 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 accused 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. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Competency of witnesses in criminal cases. 61 & 62 Vict. C. 36, s. 1. 14 of 1906, s. 2. [s. 55 cont.] Evidence of person charged. 61 & 62 Vict. C. 36, s. 2. 14 of 1906, s. 3. Right of reply. Ibid, s. 3. 14 of 1906, s. 4. Calling of wife or husband ibid s. 4. Second Schedule. 14 of 1906, s. 5. Application. 61 & 62 Vict. C. 36, s. 6. 14 of 1906, s. 6. Statements of accused persons. 45 of 1949, s. 2. 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 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. Burden of proof where acts done without lawful excuse, etc. 31 of 1911, s. 34. Procedure where person is committed for trial through error. [s. 69 cont.] Special provision for saving validity of verdict in cases of larceny, etc. Cumulative sentences. 7 & 8 Geo. 4, c. 28, s. 10. Abolition of attainder. 53 & 34 Vict. C. 23, s. 1. Calling upon the accused after verdict declared unnecessary. Court may award costs against person convicted of indictable offence. [cf. 33 & 34 Vict. C. 23, s. 3.] Court may award compensation to person defrauded or injured. [cf. 33 & 34 Vict. C. 23, s. 4.] 24 of 1950, Schedule. [s. 75 cont.] Procedure where accused person appears to be insane. Special verdict where accused person found guilty, but insane at time of offence. 46 & 47 Vict. C. 38, s. 2 (1). Provision for custody of accused person found insane. 46 & 47 Vict. C 38, s. 2 (2). Proceedings and sentence in case of expectant mother convicted of capital offence. 21 & 22 Geo. 5, c. 24. Offence of infanticide. 1 & 2 Geo. 6, c. 36, s. 1. 2 of 1939, s. 2. (Cap. 212). Power to reserve question of law for consideration of the Full Court. Appeals. 7 Edw. 7. C. 23, s. 3. 7 Edw. 7, c. 23, s. 4 (1). [s. 82 cont.] 7 Edw. 7, c. 23, s. 4 (2). 7 Edw. 7, c. 23, s. 4 (3). 7 Edw. 7, c. 23, s. 5. [s. 82 cont.] 7 Edw. 7, c. 23, s. 6 (2). S.S. Ord. 5 of 1931, s. 3 (6). 7 Edw. 7, c. 23, s. 7. [s. 82 cont.] 7 Edw. 7, c. 23, s. 9. 7 Edw. 7, c. 23, s. 14. Prohibition of staying or reversal of judgement on specified grounds. Treatment pending determination of case by Full Court. 7 Edw. 7. C. 23, s. 14. Effect on sentence. [s. 84 cont.] Presence of accused. 7 Edw. 7. C. 23, s. 11. Absence of accused. 7 Edw. 7, c. 23, s. 11. General power. Restitution of property in case of conviction. (Cap. 166.) Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day. First Schedule. Form 5. Effect of undergoing sentence for felony not [s. 88 cont.] punishable with death. 9 Geo. 4, c. 32, s. 3. Filing of original documents. Accessory before the fact may be indicted, etc. as principal, 24 & 25 Vict. C. 94, s. 1. 14 of 1929, s. 2. Accessory before the fact may be indicted, etc. as such or as substantive felon. 24 & 25 Vict. c. 94, s. 2. 14 of 1929, s. 3. Accessory after the fact may be indicted, etc. as such or as substantive felon. 24 & 25 Vict. C. 94, s. 3. 14 of 1929, s. 4. Punishment of accessory after the fact. 24 & 25 Vict. C, 94, s. 4. 14 of 1929, s. 5. Several accessories may be included in same indictment. 24 & 25 Vict. C. 94, s. 6. 14 of 1929, s. 6. Abettor in misdemeanor may be indicted, etc. as principal offender. 24 & 25 Vict. c. 94, s. 8. 14 of 1929, s. 7. Mode of stating ownership of property of partners, etc. 7 Geo. 4, c. 64, s. 14. [s. 96 cont.] 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. 45 & 46 Vict, 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. [s. 102 cont.] Seizure of property the proceeds of indictable offence. 24 of 1950, Schedule. Seizure of things intended for use in commission of indictable offence. Search warrant. 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). Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6. (Cap. 226.) Conditions as to abode of sureties. 50 & 51 Vict. C. 25, s. 3. 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 grant conditional pardon. Effect of pardon. 7 & 8 Geo. 4, c. 28, s. 14. Recording of pardon. Saving of prerogative of mercy. Prohibition of proceeding in error. Interpretation of reference to information. Repeal of rules and orders. [First Sch. Cont.] 14 of 1906, s. 6. [cf. 8 Edw. 7, c. 67, s. 27 & 1st Sch., and 4 & 5 Geo. 5. C, 58, s. 28 (3).]

Originally 13 of 1899. Fraser 9 of 1899. 14 of 1906. 31 of 1911. 17 of 1919. 14 of 1929. 2 of 1939. 45 of 1949. 24 of 1950. Short title. Interpretation. Master of Crown Office. Ordinary and special sessions. Bringing of prisoners before the court. Bringing of certain classes of prisoners before court for delivery. Assistance by police. Prisoners entitled to be discharged. Rules and order as to practice and procedure. 24 of 1950, Schedule. Transmission of documents relating to case. Power to refer back to be dealt with summarily. Power to refer back for further inquiry. Further provisions as to referring back. [s. 13 cont.] (Cap. 227). Power 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 indictment. First Schedule. Forms 1, 2. Rule committee for indictments. 5 & 6 Geo. 5, c. 90, s. 2. 17 of 1919, s. 3. 24 of 1950, Schedule. (5 & 6 Geo. 5 c. 90). Signing and form of indictments. First. Schedule. Form 3. Joinder of charges in the same indictment. 5 & 6 Geo. 5, c. 90, s. 4. 17 of 1919, s. 5. 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. Orders for amendment of indictment, separate trial and postponement of trial. 5 & 6 Geo. 5, c. 90, s. 5. 17 of 1919, s. 6. [s. 24 cont.] General provisions as to indictments. 5 & 6 Geo. 5, c. 90, s. 3. 17 of 1919, s. 4 (1). 17 of 1919, s. 4 (2). Savings and interpretation. 5 & 6 Geo. 5, c. 90, s. 8. 17 of 1919, s. 7. Filing of indictment. Indorsement of notice of trial. First Schedule. Form 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 for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure as to witnesses. [s. 40 cont.] Procedure as to accused person and sureties. General mode of trial. 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 accused 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. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Competency of witnesses in criminal cases. 61 & 62 Vict. C. 36, s. 1. 14 of 1906, s. 2. [s. 55 cont.] Evidence of person charged. 61 & 62 Vict. C. 36, s. 2. 14 of 1906, s. 3. Right of reply. Ibid, s. 3. 14 of 1906, s. 4. Calling of wife or husband ibid s. 4. Second Schedule. 14 of 1906, s. 5. Application. 61 & 62 Vict. C. 36, s. 6. 14 of 1906, s. 6. Statements of accused persons. 45 of 1949, s. 2. 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 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. Burden of proof where acts done without lawful excuse, etc. 31 of 1911, s. 34. Procedure where person is committed for trial through error. [s. 69 cont.] Special provision for saving validity of verdict in cases of larceny, etc. Cumulative sentences. 7 & 8 Geo. 4, c. 28, s. 10. Abolition of attainder. 53 & 34 Vict. C. 23, s. 1. Calling upon the accused after verdict declared unnecessary. Court may award costs against person convicted of indictable offence. [cf. 33 & 34 Vict. C. 23, s. 3.] Court may award compensation to person defrauded or injured. [cf. 33 & 34 Vict. C. 23, s. 4.] 24 of 1950, Schedule. [s. 75 cont.] Procedure where accused person appears to be insane. Special verdict where accused person found guilty, but insane at time of offence. 46 & 47 Vict. C. 38, s. 2 (1). Provision for custody of accused person found insane. 46 & 47 Vict. C 38, s. 2 (2). Proceedings and sentence in case of expectant mother convicted of capital offence. 21 & 22 Geo. 5, c. 24. Offence of infanticide. 1 & 2 Geo. 6, c. 36, s. 1. 2 of 1939, s. 2. (Cap. 212). Power to reserve question of law for consideration of the Full Court. Appeals. 7 Edw. 7. C. 23, s. 3. 7 Edw. 7, c. 23, s. 4 (1). [s. 82 cont.] 7 Edw. 7, c. 23, s. 4 (2). 7 Edw. 7, c. 23, s. 4 (3). 7 Edw. 7, c. 23, s. 5. [s. 82 cont.] 7 Edw. 7, c. 23, s. 6 (2). S.S. Ord. 5 of 1931, s. 3 (6). 7 Edw. 7, c. 23, s. 7. [s. 82 cont.] 7 Edw. 7, c. 23, s. 9. 7 Edw. 7, c. 23, s. 14. Prohibition of staying or reversal of judgement on specified grounds. Treatment pending determination of case by Full Court. 7 Edw. 7. C. 23, s. 14. Effect on sentence. [s. 84 cont.] Presence of accused. 7 Edw. 7. C. 23, s. 11. Absence of accused. 7 Edw. 7, c. 23, s. 11. General power. Restitution of property in case of conviction. (Cap. 166.) Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day. First Schedule. Form 5. Effect of undergoing sentence for felony not [s. 88 cont.] punishable with death. 9 Geo. 4, c. 32, s. 3. Filing of original documents. Accessory before the fact may be indicted, etc. as principal, 24 & 25 Vict. C. 94, s. 1. 14 of 1929, s. 2. Accessory before the fact may be indicted, etc. as such or as substantive felon. 24 & 25 Vict. c. 94, s. 2. 14 of 1929, s. 3. Accessory after the fact may be indicted, etc. as such or as substantive felon. 24 & 25 Vict. C. 94, s. 3. 14 of 1929, s. 4. Punishment of accessory after the fact. 24 & 25 Vict. C, 94, s. 4. 14 of 1929, s. 5. Several accessories may be included in same indictment. 24 & 25 Vict. C. 94, s. 6. 14 of 1929, s. 6. Abettor in misdemeanor may be indicted, etc. as principal offender. 24 & 25 Vict. c. 94, s. 8. 14 of 1929, s. 7. Mode of stating ownership of property of partners, etc. 7 Geo. 4, c. 64, s. 14. [s. 96 cont.] 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. 45 & 46 Vict, 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. [s. 102 cont.] Seizure of property the proceeds of indictable offence. 24 of 1950, Schedule. Seizure of things intended for use in commission of indictable offence. Search warrant. 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). Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6. (Cap. 226.) Conditions as to abode of sureties. 50 & 51 Vict. C. 25, s. 3. 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 grant conditional pardon. Effect of pardon. 7 & 8 Geo. 4, c. 28, s. 14. Recording of pardon. Saving of prerogative of mercy. Prohibition of proceeding in error. Interpretation of reference to information. Repeal of rules and orders. [First Sch. Cont.] 14 of 1906, s. 6. [cf. 8 Edw. 7, c. 67, s. 27 & 1st Sch., and 4 & 5 Geo. 5. C, 58, s. 28 (3).]

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