ACCESSORIES AND ABETTORS ORDINANCE, 1865
Title
ACCESSORIES AND ABETTORS ORDINANCE, 1865
Description
ORDINANCE No. 3 of 1865.
Accessories and Abettors Ordinance, 1865.
AN ORDINANCE to consolidate and amend the Laws relating to
Accessories to the Abettors of Indictable Offences.
[14th June, 1865]
BE it enacted by the Governor of Hongkong, with the advice of thc
Legislative Council thereof, as follows:-
1. This Ordinance may he cited as the Accessories and Abettors
Ordinance, 1865.
Accessories before the Fact.
2. Every person who becomes an accessory before the fact to any
felony, whether the same is a felony at common law or by virtue of any
Ordinance passed or to be passed, may be indicted, tired, convicted, and
punished in all respects as if he were a principal felon.
3. Every person who counsels, procures, or commands any other
person to commit any felony, whether the same is a felony at common
law or by virtue of any Ordinance passed or to be passed, shall be guilty
of felony, and may be indicted and convicted either as an accessory
before the fact to the principal felon, together with the principal felon,
or after the conviction of the principal felon, or may be indicted and
convicted of a substantive felony, whether the principal felon has or has
not been previously convicted or is or is not amenable to justice, and
may thereupon be punished in the same manner as any accessory before
the fact to the same felong, if convicted as an accessory, may be
punished.
Accessories after the Fact.
4. Every person who becomes an accessory after the fact to any
felong, whether the same is a felony at common law or by virtue of any
Ordinance passed or to be passed, may be indicted and convicted either
as an accessory after the fact to the principal felon, together with the
principal felon, or after the conviction of the principal felon, or may be
indicted and convicted of a substantive felony, whether the principal
felon has or has not been previously convicted or is or is not amenable to
justice, and may thereupon be punished in like manner as any accessory
after the fact to the same felony, if convicted as an accessory, may be
punished.
5. Every accessory after the fact to any felony (except where it is
otherwise specially enacted), whether the same is a felony at common law o
or by virtue of any Ordinance passed or to be passed, shall be liable, at
the discreation of the court, to imprisonment for any term not exceeding
two years, with or without hard labour, and it shall be lawful for the
Court, if it thinks fit, to require the offender to enter into his own recog-
nizances and to find sureties, both or either, for keeping the peace, in
addition to such punishement: Provided that no person shall be impri-
soned umder this section for not finding sureties for any period exceed-
ing one year.
6. If any principal offender is 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 suche principal felon had been
attainted thereof, notwithstanding such principal felon may die, or be
pardoned, or otherwise delivered before attainder; and every such
accessory shall, on vonviction, suffer the same punishment as he would
have suffered if the principal had been attainted.
7> Any number of accessories at different times to any felony, and
any number of receivers at different times of property stolen at one time,
may be charged with substantive felonies in the same indictment and
may be tried together, not withstanding the principal felon is not includ-
ed in the same indictment or is not in custody or amenable to justice.
8. Every person who aids, abets, counsels, or procues the commission'
of any misdemeanor, whether the same is 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.
A.D. 1865. Ordinance No. 5 of 1865. Short title. Accessory before the fact may be indicted, etc., as principal. 24 & 25 Vict. C. 94 s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon. Ib. s. 2. Accessory after the fact may be indicted, etc., as such or as substantive felon. Ib. s. 3. Punishment of accessory after the fact. 24 & 25 Vict. C. 94 s. 4. Prosecution of accessory after conviction of principal offender. Ib. s. 5. Several accessories may be included in same indictment. Ib. s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. Ib. s. 8.
Accessories and Abettors Ordinance, 1865.
AN ORDINANCE to consolidate and amend the Laws relating to
Accessories to the Abettors of Indictable Offences.
[14th June, 1865]
BE it enacted by the Governor of Hongkong, with the advice of thc
Legislative Council thereof, as follows:-
1. This Ordinance may he cited as the Accessories and Abettors
Ordinance, 1865.
Accessories before the Fact.
2. Every person who becomes an accessory before the fact to any
felony, whether the same is a felony at common law or by virtue of any
Ordinance passed or to be passed, may be indicted, tired, convicted, and
punished in all respects as if he were a principal felon.
3. Every person who counsels, procures, or commands any other
person to commit any felony, whether the same is a felony at common
law or by virtue of any Ordinance passed or to be passed, shall be guilty
of felony, and may be indicted and convicted either as an accessory
before the fact to the principal felon, together with the principal felon,
or after the conviction of the principal felon, or may be indicted and
convicted of a substantive felony, whether the principal felon has or has
not been previously convicted or is or is not amenable to justice, and
may thereupon be punished in the same manner as any accessory before
the fact to the same felong, if convicted as an accessory, may be
punished.
Accessories after the Fact.
4. Every person who becomes an accessory after the fact to any
felong, whether the same is a felony at common law or by virtue of any
Ordinance passed or to be passed, may be indicted and convicted either
as an accessory after the fact to the principal felon, together with the
principal felon, or after the conviction of the principal felon, or may be
indicted and convicted of a substantive felony, whether the principal
felon has or has not been previously convicted or is or is not amenable to
justice, and may thereupon be punished in like manner as any accessory
after the fact to the same felony, if convicted as an accessory, may be
punished.
5. Every accessory after the fact to any felony (except where it is
otherwise specially enacted), whether the same is a felony at common law o
or by virtue of any Ordinance passed or to be passed, shall be liable, at
the discreation of the court, to imprisonment for any term not exceeding
two years, with or without hard labour, and it shall be lawful for the
Court, if it thinks fit, to require the offender to enter into his own recog-
nizances and to find sureties, both or either, for keeping the peace, in
addition to such punishement: Provided that no person shall be impri-
soned umder this section for not finding sureties for any period exceed-
ing one year.
6. If any principal offender is 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 suche principal felon had been
attainted thereof, notwithstanding such principal felon may die, or be
pardoned, or otherwise delivered before attainder; and every such
accessory shall, on vonviction, suffer the same punishment as he would
have suffered if the principal had been attainted.
7> Any number of accessories at different times to any felony, and
any number of receivers at different times of property stolen at one time,
may be charged with substantive felonies in the same indictment and
may be tried together, not withstanding the principal felon is not includ-
ed in the same indictment or is not in custody or amenable to justice.
8. Every person who aids, abets, counsels, or procues the commission'
of any misdemeanor, whether the same is 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.
A.D. 1865. Ordinance No. 5 of 1865. Short title. Accessory before the fact may be indicted, etc., as principal. 24 & 25 Vict. C. 94 s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon. Ib. s. 2. Accessory after the fact may be indicted, etc., as such or as substantive felon. Ib. s. 3. Punishment of accessory after the fact. 24 & 25 Vict. C. 94 s. 4. Prosecution of accessory after conviction of principal offender. Ib. s. 5. Several accessories may be included in same indictment. Ib. s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. Ib. s. 8.
Abstract
A.D. 1865. Ordinance No. 5 of 1865. Short title. Accessory before the fact may be indicted, etc., as principal. 24 & 25 Vict. C. 94 s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon. Ib. s. 2. Accessory after the fact may be indicted, etc., as such or as substantive felon. Ib. s. 3. Punishment of accessory after the fact. 24 & 25 Vict. C. 94 s. 4. Prosecution of accessory after conviction of principal offender. Ib. s. 5. Several accessories may be included in same indictment. Ib. s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. Ib. s. 8.
Identifier
https://oelawhk.lib.hku.hk/items/show/564
Edition
1901
Volume
v1
Subsequent Cap No.
221
Cap / Ordinance No.
No. 3 of 1865
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ACCESSORIES AND ABETTORS ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed January 21, 2025, https://oelawhk.lib.hku.hk/items/show/564.
