SUPREME COURT -- CRIMINAL PROCEEDINGS ORDINANCE
Title
SUPREME COURT -- CRIMINAL PROCEEDINGS ORDINANCE
Description
Supreme Court- Criminal proceedings.
No. 1 of 1850.
An Ordinance for the better Administration, of Justice in Criminal
Proceedings before the Supreme Court, and for improving the Law
of Evidence.
[15th January, 1850.]
WHEPEAS in cases of burglary and larceny, ditoulty has been found in a
cert i
10 ,0,1311
irag from Chinese witnesses in whom the legal ownership of property is
vsated,
which ownership it is necessary, according to the existing law, to bet
forth in the
indictment or information; and whereas also, from the frequent
diserepanoies in Chinese
testimony, like difficulties may arise on similar subjects, thereby
causing variances
between the indictment or information and the evidence at the trial,
rendering further
indictments or informations necessary; and whereas also it is deemed
expedient that
witnesses should not be excluded from giving evidence in criminal cases
by incapacity
from crime
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, that,
before the jury are
charged with the trial of any prisoner, or during the progress of any
trial, it shall be
lawful for the Court in its discretion to amend the indictment or
information in any
matter of form or substance not calculated to mislead the prisoner in his
or her defence.
2, And be it further enacted and ordained, that no person offered as a
witness
sba11 hereafter be excluded by reason of incapacity from crime from
giving evidence
either in person or by deposition in any criminal proceeding in any
Court, or before
any Judge, Jury, Sheriff, Coroner, Magistrate, officer, or person having
by law authority
to hear, receive, and examine evidence; but that every person so offered,
shall be
admitted, to give evidence on oath, or on solemn affirmation in those
cases where
affirmation is by-law receivable, notwithstanding that such, person
offered as a witness
may have been previously convicted of any crime or offence.
[Repealed by Ordinance No. 3 of 1865.] 239
Title.
Preamble.
Power to Supreme Court to amend information at trial when the prisoner may not be misled in his defence thereby.
Testimony of witnesses not to be excluded by their incapacity from crime.
No. 1 of 1850.
An Ordinance for the better Administration, of Justice in Criminal
Proceedings before the Supreme Court, and for improving the Law
of Evidence.
[15th January, 1850.]
WHEPEAS in cases of burglary and larceny, ditoulty has been found in a
cert i
10 ,0,1311
irag from Chinese witnesses in whom the legal ownership of property is
vsated,
which ownership it is necessary, according to the existing law, to bet
forth in the
indictment or information; and whereas also, from the frequent
diserepanoies in Chinese
testimony, like difficulties may arise on similar subjects, thereby
causing variances
between the indictment or information and the evidence at the trial,
rendering further
indictments or informations necessary; and whereas also it is deemed
expedient that
witnesses should not be excluded from giving evidence in criminal cases
by incapacity
from crime
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, that,
before the jury are
charged with the trial of any prisoner, or during the progress of any
trial, it shall be
lawful for the Court in its discretion to amend the indictment or
information in any
matter of form or substance not calculated to mislead the prisoner in his
or her defence.
2, And be it further enacted and ordained, that no person offered as a
witness
sba11 hereafter be excluded by reason of incapacity from crime from
giving evidence
either in person or by deposition in any criminal proceeding in any
Court, or before
any Judge, Jury, Sheriff, Coroner, Magistrate, officer, or person having
by law authority
to hear, receive, and examine evidence; but that every person so offered,
shall be
admitted, to give evidence on oath, or on solemn affirmation in those
cases where
affirmation is by-law receivable, notwithstanding that such, person
offered as a witness
may have been previously convicted of any crime or offence.
[Repealed by Ordinance No. 3 of 1865.] 239
Title.
Preamble.
Power to Supreme Court to amend information at trial when the prisoner may not be misled in his defence thereby.
Testimony of witnesses not to be excluded by their incapacity from crime.
Abstract
239
Title.
Preamble.
Power to Supreme Court to amend information at trial when the prisoner may not be misled in his defence thereby.
Testimony of witnesses not to be excluded by their incapacity from crime.
Title.
Preamble.
Power to Supreme Court to amend information at trial when the prisoner may not be misled in his defence thereby.
Testimony of witnesses not to be excluded by their incapacity from crime.
Identifier
https://oelawhk.lib.hku.hk/items/show/61
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 1 of 1850
Number of Pages
1
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SUPREME COURT -- CRIMINAL PROCEEDINGS ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/61.
