CRIMINAL PROCEEDINGS ORDINANCE
Title
CRIMINAL PROCEEDINGS ORDINANCE
Description
ORDINANCE No. 8 of 1845.
Criminal Proceedings.
No. 8 of 1845.
An Ordinance to regulate Criminal Proceedings.
[19th August, 1845.]
BE it enacted and ordained, that for the purpose of bringing a criminal
case under
the cognizance of the Supreme Court, an indictment or information, duly
signed
by the Attorney General, or, in his absence, by the Colonial Secretary,
shall be as valid
and effectual in all respects as if the same had been presented by a
grand jury. [See
Ordinance No. 6 of 1846.
0
2, And be it further enacted and ordained, that every, prisoner, upon
being
arraigned upon or charged with any indictment or information, by pleading
generally
thereto the plea of 'not guilty' shall, without further form, be deemed
to have put
himself ox herself upon the country for trial.
S. And be it further enacted and ordained, that if any prisoner being
arraigned
upon, or charge with any indictment or information, stand mute of malice,
or will not
answer directly to the indictment or information, the Court shall, if it
shall so think
fit, order the Registrar to enter a plea of 'not guilty' on behalf of
such prisoner, and
the plea so entered shall have the same force and effect as if such
prisoner had actually
pleaded the same; or else the Court shall thereupon cause a jury to be
impanelled to
try whether the prisoner be of sound or unsound mind; and if he or she
shall be found
to be of unsound mind, the Court shall make such order touching the safe
custody of
the said prisoner as to the Court shall seem just and proper; and if he
or she shall be
found of sound mind, the Court shall proceed with the trial of the said
prisoner.
¢, And be it further enacted and ordained, that before the jury are
charged with
the trial o£ any prisoner, or during the progress of any such trial, it
shall be lawful for
the Court to amend the indictment or information in any matter of form
not calculated
to prejudice or mislead the prisoner in his or her defence.
6, And be it further enacted and ordained, that no judgment upon any
indictment
or information, whether after verdict of the jury, or upon confession of
the prisoner, or
otherwise, shall be stayed or reversed, except for objections arising
upon the face of
the record, and whereby the proceedings thereon are rendered erroneous or
defective.
6. And be it further enacted and ordained, that no such judgment shall be
stayed
or reversed for want of the averment of any matter unnecessary to be
proved'; nor
because any person or persons mentioned in the indictment or information
is or are
designated by name of office or other descriptive appellation, instead of
his or their
proper name or names; nor for omitting to state, or erroneously stating,
the time or
place at which the offence was committed in any ease in which time or
place is net of
the essence of the offence; Provided that the Court shall appear by the
indictment or
information to have lied jurisdiction in the case; nor on the ground of
any objection
to the form or relevancy o the indictment or- information which, if
stated before the
jury, were impanelled, or during the progress of the trial, might have
been amended by
No. 8 of 1845.
Criminal Proceedings.
the Court; nor because of any error committed in summoning or searing the
jury, or
any of them; nor because any person who has served upon the jury has not
been
returned by the sheriff; nor because of any objection which might have
been stated as
a ground of challenge of any of the jurors, except the objection of
minority; nor for
any informality in swearing the witnesses, or any of them.
7. And be it further enacted and ordained, that in the construction of
this interpretation
clause.
Ordinance, wherever, in describing any person or party, matter or thing,
the word
importing the singular number or the masculine gender only is used, the
same shall be
understood to include, and shall be applied to, several persons or
parties as well as one
person or party, and females as well as males, and several matters or
things as well as'
one matter or thing respectively, unless there be something in the
subject or context
repugnant to such construction.
[Repealed by Ordinance No. 3 of 1865.]
Title.
Indictment or information.
Effect of plea of 'Not guilty.'
Refusal to plead.
Amendment of indictment or information.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matters, &c.
137
Interpretation clause.
Criminal Proceedings.
No. 8 of 1845.
An Ordinance to regulate Criminal Proceedings.
[19th August, 1845.]
BE it enacted and ordained, that for the purpose of bringing a criminal
case under
the cognizance of the Supreme Court, an indictment or information, duly
signed
by the Attorney General, or, in his absence, by the Colonial Secretary,
shall be as valid
and effectual in all respects as if the same had been presented by a
grand jury. [See
Ordinance No. 6 of 1846.
0
2, And be it further enacted and ordained, that every, prisoner, upon
being
arraigned upon or charged with any indictment or information, by pleading
generally
thereto the plea of 'not guilty' shall, without further form, be deemed
to have put
himself ox herself upon the country for trial.
S. And be it further enacted and ordained, that if any prisoner being
arraigned
upon, or charge with any indictment or information, stand mute of malice,
or will not
answer directly to the indictment or information, the Court shall, if it
shall so think
fit, order the Registrar to enter a plea of 'not guilty' on behalf of
such prisoner, and
the plea so entered shall have the same force and effect as if such
prisoner had actually
pleaded the same; or else the Court shall thereupon cause a jury to be
impanelled to
try whether the prisoner be of sound or unsound mind; and if he or she
shall be found
to be of unsound mind, the Court shall make such order touching the safe
custody of
the said prisoner as to the Court shall seem just and proper; and if he
or she shall be
found of sound mind, the Court shall proceed with the trial of the said
prisoner.
¢, And be it further enacted and ordained, that before the jury are
charged with
the trial o£ any prisoner, or during the progress of any such trial, it
shall be lawful for
the Court to amend the indictment or information in any matter of form
not calculated
to prejudice or mislead the prisoner in his or her defence.
6, And be it further enacted and ordained, that no judgment upon any
indictment
or information, whether after verdict of the jury, or upon confession of
the prisoner, or
otherwise, shall be stayed or reversed, except for objections arising
upon the face of
the record, and whereby the proceedings thereon are rendered erroneous or
defective.
6. And be it further enacted and ordained, that no such judgment shall be
stayed
or reversed for want of the averment of any matter unnecessary to be
proved'; nor
because any person or persons mentioned in the indictment or information
is or are
designated by name of office or other descriptive appellation, instead of
his or their
proper name or names; nor for omitting to state, or erroneously stating,
the time or
place at which the offence was committed in any ease in which time or
place is net of
the essence of the offence; Provided that the Court shall appear by the
indictment or
information to have lied jurisdiction in the case; nor on the ground of
any objection
to the form or relevancy o the indictment or- information which, if
stated before the
jury, were impanelled, or during the progress of the trial, might have
been amended by
No. 8 of 1845.
Criminal Proceedings.
the Court; nor because of any error committed in summoning or searing the
jury, or
any of them; nor because any person who has served upon the jury has not
been
returned by the sheriff; nor because of any objection which might have
been stated as
a ground of challenge of any of the jurors, except the objection of
minority; nor for
any informality in swearing the witnesses, or any of them.
7. And be it further enacted and ordained, that in the construction of
this interpretation
clause.
Ordinance, wherever, in describing any person or party, matter or thing,
the word
importing the singular number or the masculine gender only is used, the
same shall be
understood to include, and shall be applied to, several persons or
parties as well as one
person or party, and females as well as males, and several matters or
things as well as'
one matter or thing respectively, unless there be something in the
subject or context
repugnant to such construction.
[Repealed by Ordinance No. 3 of 1865.]
Title.
Indictment or information.
Effect of plea of 'Not guilty.'
Refusal to plead.
Amendment of indictment or information.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matters, &c.
137
Interpretation clause.
Abstract
Title.
Indictment or information.
Effect of plea of 'Not guilty.'
Refusal to plead.
Amendment of indictment or information.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matters, &c.
137
Interpretation clause.
Indictment or information.
Effect of plea of 'Not guilty.'
Refusal to plead.
Amendment of indictment or information.
Judgment not to be reversed, except upon objections arising upon record.
Judgment not to be reversed for want of averments of immaterial matters, &c.
137
Interpretation clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/34
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 8 of 1845
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CRIMINAL PROCEEDINGS ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 8, 2024, https://oelawhk.lib.hku.hk/items/show/34.
