INDICTMENT RULES

INDICTMENT RULES

FORM XXXII. [rule 43.]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

In the Supreme Court of Hong Kong.

Criminal Appeal No, of 19

R. v.

To the Commissioner of Prisons.
GREETING:
WHEREAS the above-named
is detained in prison under your custody
THESE are therefore to command you to have the body of the
said
under safe and secure conduct at the Courts of Justice at Victoria
in this Colony (or elgeivhere as the case may be)
at o'clock in thenoon on the day of
19 so on from day to day and there to
bring him before*
and immediately after the proceedings before the said*
shall have terminated to take him the said
back without delay to the prison and there
detain him until he be discharged in due course of law.
Given under my hand and the Seal of the Supreme Court this
day of 19

Registrar.

INDICTMENT RULES.

(Cap. 221, section 17).
(Ordinance No. 9 of 1899).

[12th October, 1919.]

(i) A description of the offence charged in an in-
dictment, or where more than one offence is charged in an
indictment, of each offence so, charged, shall be set out in
the indictment in a separate paragraph called a count.

(2) A count of an indictment shall commence with a
statement of the offence charged, called the statement of
offence.





(3) The statement of offence shall describe the offence
shortly in ordinary language, avoiding as far as possible
the use of technical terms, and without necessarily stating
all the essential elements of the offence, and if the offence
charged is one created by statute, shall contain a reference
to the section of the statute creating the offence.

(4) After the statement of the offence, particulars of
such offence shall be set out in ordinary language in which
the use of technical terms shall not be necessary : Provided
that, where any rule of law or any statute limits the particulars
of an offence which are required to be given in an indictment,
nothing in this rule shall require any more particulars to be
given than those so required.

(5) The forms set out in the Appendix or forms con-
forming thereto as nearly as may be shall be used in cases
to which they are applicable, and in other cases forms to
the like effect or conforming thereto as nearly as may be
shall be used, the statement of offence and the particulars
of offence being varied according to the circumstances in
each case.

(6) Where an indictment contains more than one count
the counts shall be numbered consecutively.

2. (1) Where an enactment constituting an offence
states the offence to be the doing or the ommission to do any
one of any different acts in the alternative, or the doing or
the ommission to do any act in any one of any different
capacities, or With any one of any different. intentions or
states any part of the offence in the alternative, the acts,
omissions, capacities or intentions, or other matters, stated
in the alternative in the enactment, may he stated in the
alternative in the count charging the offence.

(2) It shall not be necessary in any count charging a
statutory offence to negative any exception or exemption
from or qualification to the operation of the statute creating
the offence.

3. (1) The description of property in a count in an
indictment shall be in ordinary language and such as to in-
dicate with reasonable clearness the property referred to,





and if the property is so described it shall not be necessary
(except when required for the purpose of describing an
offence depending on any special ownership of property or
special value of property) to name the person to whom the
property belongs or the value of the property.

(2) Where property is vested in mote than one person
and the owners of the property are referred to in an indict-
ment, it shall be sufficient to describe the property as owned
by one of those persons by name with others, and if the
persons owning the property are a body of persons with a
collective name, such as 'Inhabitants', 'Trustees',
'Commissioners' or 'Club' or other such name, it shall
be sufficient to use the collective name without naming any
individual.

4. The description or designation in an indictment of
the accused person, or of uny other person to whom refer-
ence is made therein, shall be such as is reasonably
sufficient to identify him, without necessarily stating his
correct name or his abode, style, degree or occupation ; and
if, owing to the name of the person not being known or for
any other reason, it is impracticable to give such a descrip-
tion or designation, such description or designation shall
be given as is reasonably practicable in the circumstances,
or such person may be described as 'a person unknown'.

5. Where it is necessary to refer to any document or
instrument in an indictment it shall be sufficient to describe
it by any name or designation by which it is usually known
or by the purport thereof, without setting out any copy
thereof.

6. Subject to any other provisions of these rules, it
shall be sufficient to describe any place, time, thing, matter,
act or omission whatsoever to which it is necessary to refer
in any indictment, in ordinary language in such a manner
as to indicate with reasonable clearness the plaice, time,
thing, matter, act or omission referred to.

7. It shall not be necessary in stating any intent to
defraud, deceive or injure to state an intent to defraud,
deceive or injure any particular person, where the statute





creating the offence does not make an intent to defraud, de-
ceive or injure a particular person an essential ingredient
of the offence.

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

9. These rules may be cited as the Indictment Rules.

APPENDIX. [ rule 1 (5)]

FORMS OF INDICTMENT.

STATEMENT OF OFFENCE.

Murder.

PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, murdered J.8.


STATEMENT OF OFFENCE.

Accessory after the fact to murder.

PARTICULARS OF OFFENCE.
A.B., well knowing that H.C. had murdered C.C., did on the
day of ' 19 , and on other
days thereafter atin this Colony, receive, comfort,
harbour, assist and maintain the said H.C.



STATEMENT of OFFENCE.

Manslaughter.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 at
In this Colony, unlawfully killed J.S.





4.

STATEMENT OF OFFENCE.

Rape.

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

. 5.

First Count.

STATEMENT OF OFFENCE.

Wounding with intent, contrary to section 17 of the Offences
against the Person Ordinance (Chapter 212 of the Revised Edition).

PARTICULASS OF OFFENCE.
A.B., on the day of ' 19 at
in this Colony, wounded C.D., with intent to do him grievous bodily
harm, or to maim, disfigure or disable him or to resist the lawful
apprehension of him the said A.B.

Second Count.

STATEMENT OF OFFENCE.
Wounding, contrary to section 19 of the 01Tences against the
Person Ordinance (Chapter 212 of the Revised Edition).

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

STATEMENT OF OFFENCE.
Larceny, contrary to section 31 (a) (i) of the Larceny Ordinance
(Chapter 210 of the Revised Edition).

PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, being clerk or servant to M.N., stole from the said
M.N. ten yards of cloth.

7.

STATEMENT OF OFFENCE.
Robbery with violence, contrary to section 40 (1) (b), of the
Larceny Ordinane (Chapter 210 of the Revised Edition).





PARTICULARS OF OFFENCE.

A.B., on the day of ' 19 at
in this Colony, robbed C.D. of a watch, and at the time of or
immediately before or immediately after such robbery did use
personal, violence to the said C.D.

8.

First Count.

STATEMENT OF OFFENCE.
Larceny after a previous conviction.

STATEMENT OF OFFENCE.
A.B on the day of 19 at
in this Colony, stole a bag, the property of C.D.
A.B. has been previously convicted of felony, to wit, burglary,
on the day of 19 at the criminal
sessions of the Supreme Court.

Second Count.

STATEMENT OF OFFENCE.
Receiving stolen goods, contrary to section 52 (1), of the Larceny
Ordinance (Chapter 210 of the Revised Edition).

PARTICULARS OF OFFENCE.
A.B, on the day of 19 at
in this Colony, did receive a bag, the property of C.D., knowing the
same to have been stolen.

9.

STATEMENT OF OFFENCE.

Burglary and larceny contrary to sections 25 and 42 (a) of
the Larceny Ordinance (Chapter 210 of the Revised Edition),

PARTICULARS OF OFFENCE.
A.B., in the night of the day of 19
at in this Colony, did break and enter the dwelling-house of
C.D. with intent to steal therein, and did steal therein one watch, the
property of S.T., the said watch being of the value of dollars.

10.

STATEMENT OF OFFENCE.
Uttering threatening letter with intent, contrary to section 46
(1) (b), of the Larceny , Ordinance (Chapter 210 of the Revised
Edition).





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

STATEMENT OF OFFENCE.
Obtaining goods by false pretences, contrary to section 50 of the
Larceny Ordinance (Chapter 210 of the Revised Edition).

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

12.

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

13.

First Count.

STATEMENT OF OFFENCES.
Arson, contrary to section 3 of the Malicious Damage Ordinance
(Chapter 211 of the Revised Edition).

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





Second Count.

STATEMENT OF OFFENCE.

Arson, contrary to section 4 of the Malicious Damage Ordinance
(Chapter 211 of the Revised Edition).

PARTICULARS OF OFFENCE.

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

14.

STATEMENT OF OFFENCE.

A.B., arson, contrary to section 4 of the Malicious Damage
Ordinance (Chapter 211 of the Revised Edition).
C.D., accessory before the fact to same offence.

PARTICULARS OF OFFENCE.

A.B., on the day of 19 at
in this Colony, set fire to a house with intent to injure or defraud.
C.D., on the same day, at this Colony, did counsel,
procure and command the said A.B. to commit the said offence.

15.

First Count.

STATEMENT OF OFFENCE.

Offence under section 22 (1) of the Malicious Damage Ordinance
(Chapter 211 of the Revised Edition).

PARTICULARS OF OFFENCE.

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

Second Count.

STATEMENT OF OFFENCE.

Obstructing railway, contrary to section 22 (2) of the Malicious
Damage Ordinance (Chapter 211 of the Revised Edition).

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





16.

First Count.

STATEMENT OF OFFENCE.

Forgery, contrary to section 4 (1) (a) of the Forgery Ordinance
(Chapter 209 of the Revised Edition).

PARTICULARS OF OFFENCE.

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

Second Count.

STATEMENT OF OFFENCE.

Uttering forged document, contrary to section 8 of the Forgery
Ordinance (Chapter 209 of the Revised Edition).

PARTICULARS OF OFFENCE.

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

17.

STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 9 of the Coinage
Ofrences Ordinance (Chapter 204 of the Revised Edition).

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

STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 12 of the Coinage
Offences Ordinance (Chapter 204 of the Revised Edition).

PARTICULARS OF OFFENCE.
A.B., on the day of 19 at a shop
called ' ' at in this Colony,
uttered a counterfeit dollar, knowing the same to be counterfeit.
A.B. has been previously convicted of a misdemeanor under
section 9 of the Coinage Offences Ordinance on the day
of 19 , at





19.

STATEMENT OF OFFENCE.

Libel.

PARTICULARS OF OFFENCE.
A.B. on the day of 19 at
in this Colony, published a defamatory libel concerning E.F., in the
form of a letter [book, pamphlet, picture, or as the case may be].
[Innuendo should be stated. where necessary].

20.

First Count.

STATEMENT OF OFFENCE.
Publishing obscene libel.

PARTICULARS OF OFFENCE.
E.M. on the day of 19 at
in this Colony, sold, uttered and published and caused or procured
to be sold, uttered and published an obscene libel the particulars of
which are deposited with this indictment.
[Particulars to specify pages and lines complained of where
necessary, as in a book].

Second Count.

STATEMENT OF OFFENCE.
Procuring obscene libel [or thing] with intent to sell or publish.

PARTICULARS OF OFFENCE.
EM, on the day of ' 19, at
in this Colony, procured an obscene libel [or thing], the particulars
of which are deposited with this indictment, with intent to sell, utter
or publish such obscene libel [or thing].

21.

First Count.

STATEMENT OF OFFENCE.
Falsification of accounts, contrary to section 2 (b) of the
Falsification of Documents Ordinance (Chapter 208 of the Revised
Edition).

PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, being clerk or servant to C.D., with intent
to defraud, made or concurred in making a false entry in a cash book
belonging to the said C.D;, his employer, purporting to show that on
the said day 100 dollars had been paid to L.M.





Second Count.

STATEMENT OF OFFENCE,
Same as first count.

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

22.

First Count.

STATEMENT OF OFFENCE.

Fraudulent conversion of property, contrary to section 32 (1)
(c) (i), of the Larceny Ordinance (Chapter 210 of the Revised
Edition).

PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, fraudulently converted to his own use and benefit
certain property, that is to say, 100 dollars entrusted to him by H.S.,
in order that he, the said A.B., might retain the same in safe custody.

Second Count.

STATEMENT OF OFFENCE.

Fraudulent conversion of property, contrary to section 32 (1)
(c) (ii), of the Larceny Ordinance (Chapter 210 of the Revised
Edition).

PARTICULARS OF OFFENCE.
A.B., on the day of 19 at
in this Colony, fraudulently converted to his own use and benefit.
certain property, that is to say the sum. of 200 dollars received by
him for and on account of L.M.

CHAPT.ER 222.
(Ordinance No. 3 Of 1903)

FLOGGING.

No subsidiaTy legislation.
(*The Full Court, a Judge, Examiner or Special Commissioner as the case may be.) Ord. 17 of 1919, s. 2, Schedule. Mode in which offences are to be charged. [r. 1 cont.] Appendix. Provision as to statutory offences. Description of property. Description of persons. Description of document. General rule as to description. Statement of intent. [r. 7 cont.] Interpretation. (Cap. 1.) Short title.

(*The Full Court, a Judge, Examiner or Special Commissioner as the case may be.) Ord. 17 of 1919, s. 2, Schedule. Mode in which offences are to be charged. [r. 1 cont.] Appendix. Provision as to statutory offences. Description of property. Description of persons. Description of document. General rule as to description. Statement of intent. [r. 7 cont.] Interpretation. (Cap. 1.) Short title.

https://oelawhk.lib.hku.hk/items/show/2051

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