INDICTMENT RULES

INDICTMENT RULES

INDICTMENT RULES

(Cap. 221, section 9)

[9th July, 1976.]

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

2. (1) An indictment shall be in the form set out in the
Schedule or in a form substantially to the like effect.

(2) Where more than one offence is charged in an indictment,
the statement and particulars of each offence shall be set out in a
separate paragraph called a count, and rules 3 and 4 shall apply
to each count in the indictment as they apply to an indictment
where one offence is charged.

(3) The counts shall be numbered consecutively.

3. (1) Subject to rule 4, every indictment shall contain, and
shall be sufficient if it contains, a statement of the specific offence
with which the accused is charged describing the offence shortly,
together with such particulars as may be necessary for giving
reasonable information as to the nature of the charge.

(2) An indictment for a specific offence shall not be open to
objection in respect of its form if it is framed in accordance with a
form of indictment for that ofrence which has been approved by
the Chief Justice.

(3) Notwithstanding paragraph (1), a judge may order further
particulars of an offence stated in an indictment to be delivered in
any case in which he deems it expedient to do so.

4. Where the specific offence with which an accused person
is charged in an indictment is one created by or under an Ordinance
or imperial enactment, then, without prejudice to the generality
of rule 3-

(a)the statement of offence shall contain a reference to the
provision in the Ordinance or imperial enactment creating
the offence;

(b)the particulars shall disclose the essential elements of the
offence:
Provided that an essential element need not be disclosed

if the accused person is, -not prejudiced or embarrassed in
his defence by the failure. to disclose it; and

(c)it shall not be necessary to specify or negative an exception,
exemption, proviso, excuse or qualification.





5. Where an offence created by or under an Ordinance or imperial
enactment states the ofrence to be the doing or omission to do any one
of any different acts in the alternative, or the doing or omission to do
any act in any one of any different capacities, or with any one of any
difrerent intention 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 Ordinance or imperial enactment may be stated in
the alternative in an indictment charging the offence.

6. (1) The description or designation in an indictment of the
accused person, or of any other person referred to therein, shall be
such as is reasonably sufficient to identify him, without necessarily
stating his correct name or his abode, style, degree or occupation.

(2) If, owing to the name of a person not being known or for any
other reason, it is impracticable to give such a description or
designation, such description or designation shall be given in the
indictment as is reasonably practicable in the circumstances, or such
person may be described as 'a person unknown'.

7. Subject to section 18 of the Ordinance, charges for any offences
may be joined in the same indictment if those charges are founded on
the same facts, or form or are a part of a series of offences of the same
or a similar character.

SCHEDULE [r. 2.]

Indictment

IN THE HIGH COURT OF HONG KONG

The Queen v . .....................
charged as follows

STATEMENT OF OFFENCE
(as the case may be)

PARTICULARS OF OFFENCE
(as the case may be)

(Signed)

Attorney General.

Date

And if there are more counts Man one, then the various counts shall be set
out as follows

(Begin as above),





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.

Date
L.N. 160/76. Citation. Basic form of indictment. Schedule. Statement of offence in indictment. Indictment for specific statutory offence. Alternative statements of specific statutory offences. Description of persons in an indictment. Charges for offences may be jointed in same indictment.

L.N. 160/76. Citation. Basic form of indictment. Schedule. Statement of offence in indictment. Indictment for specific statutory offence. Alternative statements of specific statutory offences. Description of persons in an indictment. Charges for offences may be jointed in same indictment.

https://oelawhk.lib.hku.hk/items/show/2897

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