CRIMINAL LAW AND PROCEDURE ORDINANCE
Title
CRIMINAL LAW AND PROCEDURE ORDINANCE
Description
Criminal Law and Procedure.
No. 2 of 1869.
An Ordinance to make further provision in relation to Criminal
Law and Procedure.
[24th September, 1869.]
WHEREAS it,iseYpedieut to make further provision in relation to
criminal law, and procedure : Be it enacted by the Governor, of
Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. Sections 3, 4 and 5 of Ordinance No. 3 of 1865 are hereby
repealed.
ORDRNA\IGE,No. 2'oF 169.
Criminal Law and Procedure.
2: The, ordinary sessions for the despatch of the criminal business
of the Supreme Court shall commence on the eighteenth day of every
month (except during vacation) or if the eighteenth day be a dies 92021
then, on the lawful day next following. Provided always that the Chief
Justice may, upon due notice thereof being gig=en, from time to tune`
change the day so appointed, and may hold at any time a special session
in addition to the ordinary sessions whenever it may be necessary or
expedient so to do. °
3. For the purpose of bringing :any criminal case under the cogni-
zance of the Supreme Court, an information signed by the Attorney General
or in certain cases by the Colonial Secretary as hereinafter provided,
shall
be as valid and effectual in all respects as an' indictment presented by u
grand jury.
as Valid as
tresentnient
y grand jury.
4~, In case the Attorney General shall at any tune be unable to sign
uoiontftl
s~or~t.aay nay
such information by reason of illness or any other .sufficient cause, it
shall sign, iucertain
be lawful for the Governor to direct that the same he signed by the cases.
`'Colonial Secretary.
Every information shall, bear date on the, day, when the same is
;ned, and with
to adapt it to the circumstances of each f use, may - be in, 'I he follo°
IN THE SUPREME COURT OF HONGKONG.
The day of ~ At the General Criminal Session of the Supreme Court holders
at
18 Victoria for the mouth of 18 ., , [or in, case, of .a F
special eession.1 At the Special Criminal Session of. the Supreme
Court holders at Victoria on the day of , 18 ;
The Court is informed by the Attorney General [or Colonial
Secretaiy] on behalf of our Lady: the -Queen, that A. B. did- felo.
iliously'etdal, take, and carry awry- [ -: . , - _ ~ _ the .property of
C,. D. at Victoria, in this Colony on-_t>le. day of
18 . -
And- if -there be~ more than one count, -then the second and every subse=.
went count; if any, may with the like additions end modifications, be in.
the-follo~Tn, form':,
And also that the said A. B. feloniously wilfully and of his, malice
aforethought, -did.hill and -murder one -C..D. at Victoria, in this
Colony on the day of
as money.
t ~9vis 14 and
15) Jro. ion
UIt-DINAN_CE:-1d: 2:orw.1869.
Criminal Law and Procedure.
- 6. In every information~.in which it shall be necessary to make.ar;y
averment. as to any money or, any note of the Bank of England or any
oilier hank it shall be sufficient to describe such money or bank note,
simply as money without specifying any particular coin or banknote ;
and such allegation so far as regards the description of the property
shall.
bisu .4
stained by proof of any amount of coin br of any bank note, althoug
the particular species of coin, of which such amount was composed, or-
the particular nature of the bank note, shall not be proved, and in
cases.-
of embezzlement and obtaining money of bank notes by false pretences, by
proof that the offender embezzled of obtained any piece of coin or any
bank note, or any portion o£ the value thereof, although such piece o£
coin or bank note may have been delivered to him in order that, some
part -of the value thereof should be returned to the party delivering the
aarfte, or to any other person and such part shall have been returned
acqordingly.
_ .;N, 7, Whenever any person shall be convicted of any one of the
offences.
xo~°~sam x~
,~,e~.~,i~mi~. following as au indictable misdemeanor; that is to say,
any cheat or fraud
`ishable at c mmo aw; anv conSD V to Cheat or defraud. or to
un o n I irac
extort money or goods, or falsely to accuse of any crime; or: to obstruct;
,prevent, pervert, or: defeat the course of public justice; any escape or~
rescue from lawful custody, on a-triminal charge; any public and indecent
exposure of the person; Rny, public selling, or exposing for public sale
or'
tu_public view, of any obscene book, print, picture, or other indecent
£~;' exhibition, it shall be lawful for the Court to sentence the offender
to be
~irnprisoned for any term now warranted by law, and also, in its
discretion,
to -be kept to hard labour .during the whole or, any prim of such term of
iiziprisonment.
Crown caseThe Chief Justice may iii his discretion reserve for further
con-
-,
''e'(crj°`t = sid,r4tion any question of late which may arise upon the
trial of
any
information and in case the person tried shall be convicted, inay postpone
judgment until.such question shall have been considered and derided,
and in the meanwhile, array commit the person convicted to prison or take
a recognizance o£ bail with one or two sufficient sureties and in such sum
,,Is he shall think fit conditioned -to appear at such time or times as
-he~
s,hall direct and to receive judninerlt; ~artd upon such further
consideration
caf=`tle question so reserved as aforesaid. it shall be lawful for the
Chief
Justice to affirm or quash the conviction.
No. 2 of 1869.
Criminal Law and Procedure.
9. Whenever any person charged before a Magistrate with any, crime
-or offence shall be committed for trial 'at the Supreme Court and the
Attorney General shall be of opinion that further investigation is
required
before such trial, or that the case is one which should be determined in a
summary manner by a Magistrate or by two Magistrates sitting together
under the provisions of Ordinance No. 1 of 1863, it shall be lawful for
the Attorney General to direct that the original depositions be returned.
to the .committing Magistrate who may thereupon re-open the case and
deal with it in all respects as if such person had not been committed for
trial, and if the case be one which may be tried in a summary planner lay
the Magistrate or by two Magistrates sitting together, it may,' if thought
expedient, be determined accordingly.
10. Whenever 'any person who shall have been committed to prison by the
Coroner charged by the verdict of the Coroner's jury with the crime of
murder or
ma.nslaugbter shall also be charged before a. Magistrate, with the same
crime, it shall
be lawful for the Magistrate, in case he shall admit such person to bail
upon such
charge, to order the Superintendent of victoria Gaol ,to discharge such
person from
custody under the Coroner's committal, and such person shall be
discharged accord-
ingly. [Repealed by Ordinance No. 17 of 1888.1
11. The Registrar of, the, Supreme Court for the time;beirig
sballea,'sti<~ of
~LOwn a:~c
officio be 'Master of tire Crown office-'-?1withiTi thi's:=Colon:,
r~
12, `This Ordinance and Ordinance To: 3 of 18fa~ shall be
'Constrted a=rTOeto
be consti~ed
together and for all requisite purposes- be deemed arid talteras .oneiff
~`o. a or
er_
Ordinance, and nothing therein contained sball affect .any other forin`of
criminal procedure which may now by lai~ exist in the Colony.
1026
Title.
Preamble.
Repealing clause.
1027
Criminal sessions.
Information as valid as presentment by grand jury.
Colonial Secretary may sign in certain cases.
Form of information.
1028
Coin and bank notes may be described simply as money.
[See 14 and 15 V. c. 100 s. 18.]
Punishment for certain indictable misdemeanors.
[See ibid s. 29.]
Crown cases reserved.
1029
Power to Magistrate to re-open a case committed for trail in certain cases.
Ball on committal by Coroner in certain cases.
Master of the Crown office.
Ordinance to be construed with No. 3 of 1865.
No. 2 of 1869.
An Ordinance to make further provision in relation to Criminal
Law and Procedure.
[24th September, 1869.]
WHEREAS it,iseYpedieut to make further provision in relation to
criminal law, and procedure : Be it enacted by the Governor, of
Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. Sections 3, 4 and 5 of Ordinance No. 3 of 1865 are hereby
repealed.
ORDRNA\IGE,No. 2'oF 169.
Criminal Law and Procedure.
2: The, ordinary sessions for the despatch of the criminal business
of the Supreme Court shall commence on the eighteenth day of every
month (except during vacation) or if the eighteenth day be a dies 92021
then, on the lawful day next following. Provided always that the Chief
Justice may, upon due notice thereof being gig=en, from time to tune`
change the day so appointed, and may hold at any time a special session
in addition to the ordinary sessions whenever it may be necessary or
expedient so to do. °
3. For the purpose of bringing :any criminal case under the cogni-
zance of the Supreme Court, an information signed by the Attorney General
or in certain cases by the Colonial Secretary as hereinafter provided,
shall
be as valid and effectual in all respects as an' indictment presented by u
grand jury.
as Valid as
tresentnient
y grand jury.
4~, In case the Attorney General shall at any tune be unable to sign
uoiontftl
s~or~t.aay nay
such information by reason of illness or any other .sufficient cause, it
shall sign, iucertain
be lawful for the Governor to direct that the same he signed by the cases.
`'Colonial Secretary.
Every information shall, bear date on the, day, when the same is
;ned, and with
to adapt it to the circumstances of each f use, may - be in, 'I he follo°
IN THE SUPREME COURT OF HONGKONG.
The day of ~ At the General Criminal Session of the Supreme Court holders
at
18 Victoria for the mouth of 18 ., , [or in, case, of .a F
special eession.1 At the Special Criminal Session of. the Supreme
Court holders at Victoria on the day of , 18 ;
The Court is informed by the Attorney General [or Colonial
Secretaiy] on behalf of our Lady: the -Queen, that A. B. did- felo.
iliously'etdal, take, and carry awry- [ -: . , - _ ~ _ the .property of
C,. D. at Victoria, in this Colony on-_t>le. day of
18 . -
And- if -there be~ more than one count, -then the second and every subse=.
went count; if any, may with the like additions end modifications, be in.
the-follo~Tn, form':,
And also that the said A. B. feloniously wilfully and of his, malice
aforethought, -did.hill and -murder one -C..D. at Victoria, in this
Colony on the day of
as money.
t ~9vis 14 and
15) Jro. ion
UIt-DINAN_CE:-1d: 2:orw.1869.
Criminal Law and Procedure.
- 6. In every information~.in which it shall be necessary to make.ar;y
averment. as to any money or, any note of the Bank of England or any
oilier hank it shall be sufficient to describe such money or bank note,
simply as money without specifying any particular coin or banknote ;
and such allegation so far as regards the description of the property
shall.
bisu .4
stained by proof of any amount of coin br of any bank note, althoug
the particular species of coin, of which such amount was composed, or-
the particular nature of the bank note, shall not be proved, and in
cases.-
of embezzlement and obtaining money of bank notes by false pretences, by
proof that the offender embezzled of obtained any piece of coin or any
bank note, or any portion o£ the value thereof, although such piece o£
coin or bank note may have been delivered to him in order that, some
part -of the value thereof should be returned to the party delivering the
aarfte, or to any other person and such part shall have been returned
acqordingly.
_ .;N, 7, Whenever any person shall be convicted of any one of the
offences.
xo~°~sam x~
,~,e~.~,i~mi~. following as au indictable misdemeanor; that is to say,
any cheat or fraud
`ishable at c mmo aw; anv conSD V to Cheat or defraud. or to
un o n I irac
extort money or goods, or falsely to accuse of any crime; or: to obstruct;
,prevent, pervert, or: defeat the course of public justice; any escape or~
rescue from lawful custody, on a-triminal charge; any public and indecent
exposure of the person; Rny, public selling, or exposing for public sale
or'
tu_public view, of any obscene book, print, picture, or other indecent
£~;' exhibition, it shall be lawful for the Court to sentence the offender
to be
~irnprisoned for any term now warranted by law, and also, in its
discretion,
to -be kept to hard labour .during the whole or, any prim of such term of
iiziprisonment.
Crown caseThe Chief Justice may iii his discretion reserve for further
con-
-,
''e'(crj°`t = sid,r4tion any question of late which may arise upon the
trial of
any
information and in case the person tried shall be convicted, inay postpone
judgment until.such question shall have been considered and derided,
and in the meanwhile, array commit the person convicted to prison or take
a recognizance o£ bail with one or two sufficient sureties and in such sum
,,Is he shall think fit conditioned -to appear at such time or times as
-he~
s,hall direct and to receive judninerlt; ~artd upon such further
consideration
caf=`tle question so reserved as aforesaid. it shall be lawful for the
Chief
Justice to affirm or quash the conviction.
No. 2 of 1869.
Criminal Law and Procedure.
9. Whenever any person charged before a Magistrate with any, crime
-or offence shall be committed for trial 'at the Supreme Court and the
Attorney General shall be of opinion that further investigation is
required
before such trial, or that the case is one which should be determined in a
summary manner by a Magistrate or by two Magistrates sitting together
under the provisions of Ordinance No. 1 of 1863, it shall be lawful for
the Attorney General to direct that the original depositions be returned.
to the .committing Magistrate who may thereupon re-open the case and
deal with it in all respects as if such person had not been committed for
trial, and if the case be one which may be tried in a summary planner lay
the Magistrate or by two Magistrates sitting together, it may,' if thought
expedient, be determined accordingly.
10. Whenever 'any person who shall have been committed to prison by the
Coroner charged by the verdict of the Coroner's jury with the crime of
murder or
ma.nslaugbter shall also be charged before a. Magistrate, with the same
crime, it shall
be lawful for the Magistrate, in case he shall admit such person to bail
upon such
charge, to order the Superintendent of victoria Gaol ,to discharge such
person from
custody under the Coroner's committal, and such person shall be
discharged accord-
ingly. [Repealed by Ordinance No. 17 of 1888.1
11. The Registrar of, the, Supreme Court for the time;beirig
sballea,'sti<~ of
~LOwn a:~c
officio be 'Master of tire Crown office-'-?1withiTi thi's:=Colon:,
r~
12, `This Ordinance and Ordinance To: 3 of 18fa~ shall be
'Constrted a=rTOeto
be consti~ed
together and for all requisite purposes- be deemed arid talteras .oneiff
~`o. a or
er_
Ordinance, and nothing therein contained sball affect .any other forin`of
criminal procedure which may now by lai~ exist in the Colony.
1026
Title.
Preamble.
Repealing clause.
1027
Criminal sessions.
Information as valid as presentment by grand jury.
Colonial Secretary may sign in certain cases.
Form of information.
1028
Coin and bank notes may be described simply as money.
[See 14 and 15 V. c. 100 s. 18.]
Punishment for certain indictable misdemeanors.
[See ibid s. 29.]
Crown cases reserved.
1029
Power to Magistrate to re-open a case committed for trail in certain cases.
Ball on committal by Coroner in certain cases.
Master of the Crown office.
Ordinance to be construed with No. 3 of 1865.
Abstract
1026
Title.
Preamble.
Repealing clause.
1027
Criminal sessions.
Information as valid as presentment by grand jury.
Colonial Secretary may sign in certain cases.
Form of information.
1028
Coin and bank notes may be described simply as money.
[See 14 and 15 V. c. 100 s. 18.]
Punishment for certain indictable misdemeanors.
[See ibid s. 29.]
Crown cases reserved.
1029
Power to Magistrate to re-open a case committed for trail in certain cases.
Ball on committal by Coroner in certain cases.
Master of the Crown office.
Ordinance to be construed with No. 3 of 1865.
Title.
Preamble.
Repealing clause.
1027
Criminal sessions.
Information as valid as presentment by grand jury.
Colonial Secretary may sign in certain cases.
Form of information.
1028
Coin and bank notes may be described simply as money.
[See 14 and 15 V. c. 100 s. 18.]
Punishment for certain indictable misdemeanors.
[See ibid s. 29.]
Crown cases reserved.
1029
Power to Magistrate to re-open a case committed for trail in certain cases.
Ball on committal by Coroner in certain cases.
Master of the Crown office.
Ordinance to be construed with No. 3 of 1865.
Identifier
https://oelawhk.lib.hku.hk/items/show/259
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 2 of 1869
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CRIMINAL LAW AND PROCEDURE ORDINANCE,” Historical Laws of Hong Kong Online, accessed July 12, 2025, https://oelawhk.lib.hku.hk/items/show/259.
