ACCESSORIES AND ABETTORS ORDINANCE
Title
ACCESSORIES AND ABETTORS ORDINANCE
Description
Accessories and Abettors.
No. 5 of 1865.
An Ordinance to consolidate and amend the Enactments in
Force in this Colony relating to Accessories to, and Abettoys of, Indictable Offences.
[2nd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments
in force in this Colony relating to accessories to, and abettors of,
ORDINANCE No. 5 .oF 1865.
Accessories and Abettors.
indictable offences : Be it enacted by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows
:---
As to Accessories before the Fact:
accessories 1. Whosoever shall become an accessory before the fact to any
felony,
before the
fact may be whether the same be a felony at common law or by virtue of any
Ordi- ,
tried, &c., as
principals. nance passed or to be passed, may be indicted, tried,
convicted, and -
punished in all respects as if he were a principal felon.
Accessories N. Whosoever shall counsel, procure,.or command any other
person
before the
fact may be to commit any felony, whether the same be a felony at common
law or
indicted as
such br as by virtue of any Ordinance passed or to be passed, shall be
guilty of
substantive
felons. felony, and may be indicted and convicted either as an accessory
before
the fact to the principal felony, together with tile principal felon, or
after the conviction of the principal felon, or may be indicted and con-
victed of a substantive felony whether the principal felon shall or shall
not have been previously convicted, or shall or shall not be amenable to
justice, and may thereupon be punished in the same manner as any.
accessory before the fact to the same felony, if convicted as an
accessory,
may be punished.
' As to Accessories after the Fact:
3. Whosoever shall become an accessory after the fact to any felony,
whether the same be a felony at common law or by virtue of any Ordi-
nance passed or to be passed, 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 indic. '
7
f.
'and convicted of a substantive felony whether the principal felon shl`
or shall not have been previously convicted, or shall or shall not be
amenable to justice, and may thereupon be punished in like manner as
ant accessory after the fact to the same felony, if convicted as an acces-
sory, may be punished.
Punishment 4. Every accessory after the fact to any felony (except where
it. is
of accessories
after the fact. otherwise specially enacted), whether the same be a felony
at common
law or by virtue of any Ordinance passed or to be passed, shall be
liable,.
at the discretion of the Court, to be imprisoned for any term not
exceeding
two years, with or without hard labour, and it shall be lawful for the -
Court, if it shall think fit, to require the offender to enter into his
-own
recognizanc~s and to find sureties, both or either, for keeping the peace,
.Aooe'5riea'
after't~e fact
may be in-
dicted as such
or as substan-
tive fel s.
ORDINANCE V''o. 5 ov186:i:
Accessories and Abettors.
in addition to such punishment: Provided that no person shall he'
imprisoned under this clause for not finding sureties for any period
exceeding one year.
As to Accessories generally:
5. If any principal offender shall be in anywise convicted of any
felony, it'shall be lawful to proceed against any accessory, either before
or after the fact, in the same manner as if such. principal felon had been
attainted thereof, notwithstanding such principal felon shall die, or be
pardoned, or otherwise delivered before attainder ; and every such acces-
sory shall upon conviction suffer the same punishment as he would have
suffered if the principal had been attainted.
6. Any number of accessories at different times to any felony, and
any number of receivers at different times of property ;stolen at one
tune,
may be char7cd with substantive felonies in the same indictment or
1nfU1'ITIat1U1), arid may be tiled together, notwithstanding the principal
felon shall not b;: included in the same indictment or information, or
shall not be in custody or amenable to justice.
'j. Where any felony shall nave been wholly committed within this Colony,
the
offence of any person who shall be an 'accessory either before ox after
the fact to any
such felony may be dealt with, inquired of, tried, determined and
punished by the
Court which shall have jurisdiction to try the principal 'felony, or any
felonies
committed in the place in which the act by reason whereof such person
shall have
become such accessory shall have been committed; and in every other case
the
offonce of any person who shall be an accessory either before ,or after
the fact to
~'~iy felony may be dealt with, inquired of, tried, determined and
punished by the Court
which shall have jurisdiction to try the principal felony or any felonies
committed in:
the place in which such person shall be apprehended or be in custody,
whether the
principal felony shall have been committed on the sea or on the land, or
begun on the
sea and completed on the land, or begun on the land and completed on the
sea, &d
whether within Her Majesty's dominions or without, or partly within Her
-Majesty's
dominions and partly without: Provided that no person who shall be once
duly tried
either as an accessory before or after the 'fact, or for a substantive
felony under the
provisions hereinbefore contained, shall be liable to be afterwards
prosecuted for the
same offence. [Repeated by Ordinance No. 1 of 186d.j
As to Abettors in Misdemeanors
Prosecution
of accessory
after princi-
pal convicted,
i&c.
Several acces-
sories may be
included in
ssiXne indict-
ment or in-
formation.
Trial of mcaei-
sorlee,
$, P 7 ' as anaeaaded by Ordinance No. 1 'of 1$66.'. Whosoever: &bettors
in
m18demaaW
shah 1 aid, abet, counsel, or procure the commission - of any
misdemeanor:;, , ors.
No. 5 of 1865.
Accessories and Abettors.
whether the same be a misdemeanor at common law or by virtue of any
Ordinance passed or to be passed, shall.;be liable to be indicted, tried
and
punished as a principal offender.
Commence- 9. (`` 8 ' as amended by Ordinance IVo. 1 of 1866. This Ordi-
ment °f
~Ordinan°e. nance shall commence and take effect on the fourteenth day of June,
one thousand eight hundred and sixty-five.
775
Title.
[See 24 & 25 Vic. c. 94.]
Preamble.
776
Accessories before the fact may be tried, &c., as principals.
Accessories before the fact may be indicted as such or as substantive felons.
Accessories after the fact may be indicted as such or as substantive felons.
Punishment of accessories after the fact.
777
Prosection of accessory after principal convicted, &c.
Several accessories may be included in ame indictment or information.
Trial of accessories.
Abettoes in misdemeanors.
778
Commencement of Ordinance.
No. 5 of 1865.
An Ordinance to consolidate and amend the Enactments in
Force in this Colony relating to Accessories to, and Abettoys of, Indictable Offences.
[2nd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments
in force in this Colony relating to accessories to, and abettors of,
ORDINANCE No. 5 .oF 1865.
Accessories and Abettors.
indictable offences : Be it enacted by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, as follows
:---
As to Accessories before the Fact:
accessories 1. Whosoever shall become an accessory before the fact to any
felony,
before the
fact may be whether the same be a felony at common law or by virtue of any
Ordi- ,
tried, &c., as
principals. nance passed or to be passed, may be indicted, tried,
convicted, and -
punished in all respects as if he were a principal felon.
Accessories N. Whosoever shall counsel, procure,.or command any other
person
before the
fact may be to commit any felony, whether the same be a felony at common
law or
indicted as
such br as by virtue of any Ordinance passed or to be passed, shall be
guilty of
substantive
felons. felony, and may be indicted and convicted either as an accessory
before
the fact to the principal felony, together with tile principal felon, or
after the conviction of the principal felon, or may be indicted and con-
victed of a substantive felony whether the principal felon shall or shall
not have been previously convicted, or shall or shall not be amenable to
justice, and may thereupon be punished in the same manner as any.
accessory before the fact to the same felony, if convicted as an
accessory,
may be punished.
' As to Accessories after the Fact:
3. Whosoever shall become an accessory after the fact to any felony,
whether the same be a felony at common law or by virtue of any Ordi-
nance passed or to be passed, 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 indic. '
7
f.
'and convicted of a substantive felony whether the principal felon shl`
or shall not have been previously convicted, or shall or shall not be
amenable to justice, and may thereupon be punished in like manner as
ant accessory after the fact to the same felony, if convicted as an acces-
sory, may be punished.
Punishment 4. Every accessory after the fact to any felony (except where
it. is
of accessories
after the fact. otherwise specially enacted), whether the same be a felony
at common
law or by virtue of any Ordinance passed or to be passed, shall be
liable,.
at the discretion of the Court, to be imprisoned for any term not
exceeding
two years, with or without hard labour, and it shall be lawful for the -
Court, if it shall think fit, to require the offender to enter into his
-own
recognizanc~s and to find sureties, both or either, for keeping the peace,
.Aooe'5riea'
after't~e fact
may be in-
dicted as such
or as substan-
tive fel s.
ORDINANCE V''o. 5 ov186:i:
Accessories and Abettors.
in addition to such punishment: Provided that no person shall he'
imprisoned under this clause for not finding sureties for any period
exceeding one year.
As to Accessories generally:
5. If any principal offender shall be in anywise convicted of any
felony, it'shall be lawful to proceed against any accessory, either before
or after the fact, in the same manner as if such. principal felon had been
attainted thereof, notwithstanding such principal felon shall die, or be
pardoned, or otherwise delivered before attainder ; and every such acces-
sory shall upon conviction suffer the same punishment as he would have
suffered if the principal had been attainted.
6. Any number of accessories at different times to any felony, and
any number of receivers at different times of property ;stolen at one
tune,
may be char7cd with substantive felonies in the same indictment or
1nfU1'ITIat1U1), arid may be tiled together, notwithstanding the principal
felon shall not b;: included in the same indictment or information, or
shall not be in custody or amenable to justice.
'j. Where any felony shall nave been wholly committed within this Colony,
the
offence of any person who shall be an 'accessory either before ox after
the fact to any
such felony may be dealt with, inquired of, tried, determined and
punished by the
Court which shall have jurisdiction to try the principal 'felony, or any
felonies
committed in the place in which the act by reason whereof such person
shall have
become such accessory shall have been committed; and in every other case
the
offonce of any person who shall be an accessory either before ,or after
the fact to
~'~iy felony may be dealt with, inquired of, tried, determined and
punished by the Court
which shall have jurisdiction to try the principal felony or any felonies
committed in:
the place in which such person shall be apprehended or be in custody,
whether the
principal felony shall have been committed on the sea or on the land, or
begun on the
sea and completed on the land, or begun on the land and completed on the
sea, &d
whether within Her Majesty's dominions or without, or partly within Her
-Majesty's
dominions and partly without: Provided that no person who shall be once
duly tried
either as an accessory before or after the 'fact, or for a substantive
felony under the
provisions hereinbefore contained, shall be liable to be afterwards
prosecuted for the
same offence. [Repeated by Ordinance No. 1 of 186d.j
As to Abettors in Misdemeanors
Prosecution
of accessory
after princi-
pal convicted,
i&c.
Several acces-
sories may be
included in
ssiXne indict-
ment or in-
formation.
Trial of mcaei-
sorlee,
$, P 7 ' as anaeaaded by Ordinance No. 1 'of 1$66.'. Whosoever: &bettors
in
m18demaaW
shah 1 aid, abet, counsel, or procure the commission - of any
misdemeanor:;, , ors.
No. 5 of 1865.
Accessories and Abettors.
whether the same be a misdemeanor at common law or by virtue of any
Ordinance passed or to be passed, shall.;be liable to be indicted, tried
and
punished as a principal offender.
Commence- 9. (`` 8 ' as amended by Ordinance IVo. 1 of 1866. This Ordi-
ment °f
~Ordinan°e. nance shall commence and take effect on the fourteenth day of June,
one thousand eight hundred and sixty-five.
775
Title.
[See 24 & 25 Vic. c. 94.]
Preamble.
776
Accessories before the fact may be tried, &c., as principals.
Accessories before the fact may be indicted as such or as substantive felons.
Accessories after the fact may be indicted as such or as substantive felons.
Punishment of accessories after the fact.
777
Prosection of accessory after principal convicted, &c.
Several accessories may be included in ame indictment or information.
Trial of accessories.
Abettoes in misdemeanors.
778
Commencement of Ordinance.
Abstract
775
Title.
[See 24 & 25 Vic. c. 94.]
Preamble.
776
Accessories before the fact may be tried, &c., as principals.
Accessories before the fact may be indicted as such or as substantive felons.
Accessories after the fact may be indicted as such or as substantive felons.
Punishment of accessories after the fact.
777
Prosection of accessory after principal convicted, &c.
Several accessories may be included in ame indictment or information.
Trial of accessories.
Abettoes in misdemeanors.
778
Commencement of Ordinance.
Title.
[See 24 & 25 Vic. c. 94.]
Preamble.
776
Accessories before the fact may be tried, &c., as principals.
Accessories before the fact may be indicted as such or as substantive felons.
Accessories after the fact may be indicted as such or as substantive felons.
Punishment of accessories after the fact.
777
Prosection of accessory after principal convicted, &c.
Several accessories may be included in ame indictment or information.
Trial of accessories.
Abettoes in misdemeanors.
778
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/205
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 5 of 1865
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ACCESSORIES AND ABETTORS ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 11, 2025, https://oelawhk.lib.hku.hk/items/show/205.
