CRIMINAL PROCEDURE ORDINANCE, 1899

CRIMINAL PROCEDURE ORDINANCE, 1899

ORDINANCE No. 9 of 1899.

Criminal Procedure

An Ordinance to consolidate and amend the laws relating
to Criminal Procedure in the Supreme Court.
[7th July , 1899.]
BE it enacted by the governor of hongkong, wiht the advice and
consent fo the legistive council thereof , as follow:-
1. this ordinance may be cited as the criminal procedure ordinance ,
1899.
2. in this ordinance , unless the context otherwise requires ,-
' the court' means the supreme court of the colony acting in
the exercise of crimimanl judge of the court:
'a judge ' or ' the judge' means a judge of the court;
' the registrar ' means the registrar fo the court and includes a
deputy registrar:
' the bailiff' means the bailiff of the court and includes any
deputy of the bailiff:
'indictment ' includes any criminal information triable by a
jury :
' keeper of the prison ' means the superintendent of victoria
goal and includes the superintendent or other chief officer of any
other prison, by whetever name be may be called :
' property ' includes goods , chattels , money, valuable securities ,
and every other matter or thing , whether real or personal , upon or
with reference to which any offence may be committed.
3. unless the contrary is expressly provided by or is to be implied
from any statue relating to such proceedings , the provisions of this
ordinance shall extend and apply to all proceedings which may be taken
after the commencement of this ordinance in respect of indictable
offences, whether such offences are constituted before , or at the time of ,
or after the commencement of this ordinance.
PART I
BUSINESS OF THE COURT.
4.the registrar shall ex office be ' master of the crown office'
within this colony.
5.-(1) the ordinary session for the depatch of the business of the
court shall commence on the eighteenth day of every month, or , if the
eighteenth day is a dies non, then on the lawful day next following :
provided always that the chief justice may , on due notice thereof
being given ,from time to time change the day so appointed .
(2) the chief justice may direct a special session of the court to be
held in addtion to the ordinary sessions, whether it may appear to
him neccessary or expedient to do so, and such special session shall be
held accordingly. 6. the keeper of the prison shall , himself or his deputy , be in
attendance at each sessioon of the court, and shall bring each prisoner
awaiting trial before the court where his case is called for trial , and dur-
ing the continuance of the trial shall have him under his charge and
custody, and from time to time remand him to prsion, by permission or
order fo the court , during the progress of the trial or on any adjourn-
ment thereof.
7-(1) the keeper of the prison shall, by himself or his deputy , on
the first day of every session of court, deliver in open court to the
presiding judge a correct list of all persons in his custody upon any
charges of indictable offence who have not been then tried, or upon
whom sentence has not been then passed, or who have not been committed
in default of sureties to keep the peace or otherwise , distinguishing , as
accurately as may be, their names, ages , and sexes , with the dates of
their respective commitments and the authority under which they were
respectively committed .
(2) the keeper shall also, by himself or his deputy , bring and pro-
duce in open court, on such days and times of such session as the court
may direct, all such persons in his custody as aforesaid as the court may
direct him so to bring and produce.
8. the police shall afford such assistance as may be necessary to
enable the keeper of the prison to comply with the requirements of the
last two preceding sections.
9. at the conclusion of every session of the court, the court shall be
discharge all prisoners not under sentence remaining in any prison who ,
by the law of this colony for the time being in force and, in default of
such provisions and so far as the same may not extend, by the law fo
england for the time beign in force , would be then entitled to their dis-
charge upon goal delivery , and also all other accused persons committed
for trial at such session and remaining untried who , by the said law ,
would be entitled to such discharge ; and prison in default fo sureties to keep the
peace , who , in the opinion of the court , ought to be so discharged.
10. subject to the provisions of this ordinance and fo any other
statue for the time being in force , the practice and procedure of the
court shall be , as nearly as possible , the same as the practice and pro-
cedure for the time being in force in criminal causes and matters in the
high court of justice and the courts of assize in england. PART II
PROCEEDING PRELIMINARY TO TRIAL .
11-(1) the following documents, together with a certified copy
thereof, shall,as soon as may be after the committal of the accused person,
be transmitted by the magistrate to the crown solicitor for the use of
the attorney general, that is to say, the information,if any, the warrant
of apprehension, if any ,the information of the witnesses, the documentary
exhibits thereto, the statement of the accused person, and the record of
his examination,if any , and the recogizances entered into.
(2) a certified copy of all such documents shall, either at the same
time or as soon as possible thereafter, be transmitted by teh magistrate
to the registrar for the use of the court .
(3) all exhibits , other than documentary exhibits , shall , unless the
magistrate otherwise directs, be taken charge fo by teh police , and shall
be produced by them at the trial .
(4) the transmisson of documents provided for by this section shall
be in substitution for the transmission thereof to the registrar as at
present proveded by law.
referring back of case.
12. if, after the receipt of the documents relating to the case, the
attorney general is of opinion that the accused person should not have
been committed for trial beu that the case hsalould have been dealt with
summarily, the attorney general may , if the thinks fit, at any time after
such receipt, refer back such documents to the magistrate with directions
to deal with the case accordingly, and wiht such other directions as he
may think proper.
13.-(1) at any time after the receipt of the documents relating to
the case and before the trial of the accused person ,the attorney
general may , if he think fit , refer back such documents to the
magistrate wiht directions to re-open the inquiry for the purpose of
taking evidence ro further evidence on a certain point or points to be
specified , and with such other directions which may think proper.
(2) subject to any express directions which may be given by the
attorney general , the effect fo ay such reference back to the
magistrate shall be that the inquiry shall be re-opened and dealt with in
all respects as if the accused person had not been committed for trial .
14-(1) any direction given by the attorney general under either
of the last two preceding sections shall be in writing , signed by him,
and shall be complied with by the magistrate . (2) The Attorney General may at any time add to alter or recieve
any such direction.
(3) A copy of any such direction shall be forthwith transmitted by
the Attorney General to the Register and shallbe filled by the
Register with the copy of the doocument in the case if any
transmitted to him by the Magistrate.
(4)When teh Attorney General directs that a case shall be dealt
with summarily under section 12 or that an inquiry shall be re-opened
under section 13, the following provision shall have effect that is
to say,-(a)wher the accused person is in custody the Magistrate may
by an order in writing under his hand direct the Keeper of the
where such proceedings are to be held for the purpose of being
dealt with as the Magistrate may direct ;
(b) where the accused person is on bail the Magistrate shall issue
a summons for his attendence at teh time and place when and
where such proceedings are to be held;and
(c) thereafter the proceedings shall be continued under the pro-
vision of part 2 or of part 4 of the Magistrates Ordinance
1890 as the case may be
Bail
15.The Court or Judge may at any time on the application of
any accused person order such person whether he has been committed
for trial or not to be admitted to bail and the recognizance of bail may
if the order so direct be taken before any Magistrate or Justice of the
Peace
Institution of Proceedings
16.On receipt of the document relating to the case the Attorney
Gneeral if he see fit to insitute criminal proceedings shall institute
such proceedings in the Court aganist the accused perosn as to him
may seem legal and proper.
17.The Attorney General shall not be bound to prosecute an accused
person in any case in which he may be of opinion that the interests of
public justice do not require his interference .
indictment.
18.-(1) every indictment shall be signed by the attorney general ,
and shall bear date on the day when it is signed. (2) every indictment may be in the form no.1 in the schedule to
this ordinance, with such additions and modifications as may be
necessary to adapt it to the circumstances of the particular case.
19-(1) any number of counts for nay offences whatever may be
joined in the same indictment , and shall be sufficiently distinguished:
provided that to a count charging murder no count charging any
offence other than murder shall be joined .
(2) where there are more counts than one in an indictmetn , each
count may be treated as a separate indictment .
(3_) if the court thinks it conducive to the ends fo justice to do so,
it may direct that the accused person shall tried upon any one or
more of suhc counts separately. such order may be made either before
or in the course of the trial , and , if it is made in the course of the trial ,
the jury shal be discharged from giveing a verdict upon the counts on
which the trial is not to proceeded upon in all respects as if they had
bee contained in a separate indictment : provided that , unless htere are
special reasons for so doing , no order shall be made preventing the trial
at ht esame time of any namber of distinct charges of larceny , or of
embezzlement, or fo larceny and embezzlement , not exceeding three,
alleged to have been committed wihtin six months from the first to the
last fo such offences , whether against the same person or not
(4) if one sentence is passed upon any verdict fo guilty on an indict-
ment containign more counts than one , the sentence shall be good if any
of hte counts upon which such verdict has been areturned would have
justified such sentence .
20. in any indictment in which it is necessary to make an averment
as to any money or nay note of the bank of england or of any other
bank, it shall be sufficient to describe such money or bank note simply
as money without specifyin any particular coin or bank note; and such
allegation , so far as regards the description fo the property , shall be sus-
tained by proof of any amount of coin or of any bank note , although the
particular species of coin of which such amount was composed , ro the
particular nature of trhe bank note , is not proved , and , in cases of
embezzling or obtaining money or bank notes by false pretences , by proof
that the accused person embezzled ro obtained any piece of coin or nay bank note or any portion of the value thereof , although such piece fo
coin or bank note may have been delivered to him in order that some
part fo the value thereof should be returned to the person delivering the
same , or to any other person, and such part has been returned
accordingly.
22-(1) in any indictment for stealing , embezzling , destroying , or
concealing , or for obtaining by false pretences , any instrument , it shall
be sufficient to describe such instrument by any name or designaation by
which it is usually known or by the purport thereof , without seeting out
any copy or facsimile of the whole or any part thereof , or otherwise
describing the same or the value thereof .
(2) in all other cases where it is necessary to make an avernment in
any indictment as to any instrument , whether the same consists wholly
or in part of writing , print, or figures , it shall be sufficient to decribe
such instrument by any name or designation by which it is usually
known or by the purport therefo, without setting out any copy or
facsimile of the whole or any part thereof .
23.in any indictment for perjury , or for unlawfully , wilfully , falsely,
fraudulently, deceitfully , malicously, or corruptly , taking , making,
signing , or subscribing any oath, affirmation , declaration, affidavit,
deposition, petition , answer, notice , certificate , or other wiriting , it shall
be sufficient to set forth the substance fo the offence with which the
accused person is charged and by what court or before whom the oath ,
affirmation , declaration, affidavit, deposition , petition , ansewer, notice,
certificate, or other writing was takn , made , signed , or subscribed,
without setting forth the petition , answer, information , indictment,
declaration or any part o fany proceeding , and without setting forth the
commission or authority of the court or person before which or whom
such offence was committed .
24. in any indictmetn for suornation of perjury , or for corrupt
bargaining or contracting wiht any person to commit wilful and corrupt
perjury , or for inciting , causing , or procuring ay person unlawfullly ,
wilfully , falsely , fraudulently, decitfully , maliciously , or corruptly to
take, make, sign , or subscribe any oath , affirmation , declaration , afffi-
davit, deposion , petition , answers,notice, certificate , or other writing , it
shall be sufficient , wherever such perjury or other offence aforesaid has
been actually committed , to allege the offence fo the jperson who actually
committed suhc perjury or other offence in the manner hereinbefore men-
tioned , adn then to allege that the accused jperson unlawfully , wilfully ,
and corrruptly did cause and procure the said person to comit the said
offence , in manner and form aforesaid ,; and wherever such perjury or other offence aforesaid has not been actually committed, it shall be suffi-
cient to set forth substance fo the offence with which the accused
person is charged with out setting forth or averring any fo the matters
ro things herenbefore rendered unnecessary to be se3t forth ro averred
in the case of wilful an d corrupt perjury .
25. in any count charging the accused person with having been
previously convicted , it shall be sufficient to state that hte accused person
was , at a certain time and place , convicted of an offence punishalbe on
summary conviction or of a felony or misdemeanor , as the case may be ,
wihtout further describing the offence.
26. no indictment shall be held insufficient for want of the averment
of any matter unnecessary to be proved , or for that any person mentioned
in the indictment is designated by a name of office or other descriptive
appellation instead of his proper name , or for omitting ot state the time
at which the offence was committed in any case where time is not of the
essence of the offence , or for stating the time imperfectly , or for stating
the offence to have been committed on a day subsequent to that of the
indictment , or on an impossible day , or on a day that never happened,
or for want of any statement fo the value or price of any matter or
thing , or the amount of damage , injury , or spoil , is not of the
essence of hte offence.
27. it shall be lawful for the judge to order further particulars of
any charge to be delivered , in any case in which he deems it expedient
to do so.
filing and service fo indictmetn
28. every indictment , when so signed as aforesaid , shall be brought
to the registrar's office and shall be diled by him in ht ecourt.
29-(1) the registrar shall indorse on ro annex to every indict-
ment and every copy thereof delivered for service a notice of trial , and
such notice shall specify the particular session at which the accused
person will be brought to trial on the indictment and the date of the
commencement therefo
(2) the notice may be in the form no.2 in the schedule ot htis
ordinance or as naear thereto as circumstances will admit.
30. the registrar shall deliver or cause to be delivered to the bailiff
a copy of the indictment , with hte notice of trial indorsed on the same
or annexed thereto; an d, if there are more accused persons than one ,
then as many copies as there are persons. 31.-(1) the bailiff sahll , as soon as may be after having received
any copy fo the indictment and notice of trial , deliver to the accused
person the said copy and notice.
(2) in any case where the accused person cannot be found , the bailiff
shall leave hte said copy and notice with some one of his household fee
him at his dwelling house , or wiht some one of his clerks for him at his
counting house or place of business, and , if none such can be found
shall affix teh said copy and notice to the outer or principal door of his
dwelling house
(3) the bailiff shall , at the time of serevice , explain to the accused d
person , or to the person , if any , wiht whom the said cpy ad notice are
left , the nature and exigency thereof .
32. the bailiff shall forthwith transmit to the registrar a return in
writing , signed by him , of the time and mode of service of the said copy
and notice .
plea.
33. in any plea of autrefois convict or autrefois acquit it shall be
sufficient for the accused person to state that he has been lawfully
convicted or acquitted , as the case may be , of the offence charged in
the indictment.
inspection of property ,etc.
34. either party shall be at liberty to apply to the court or a judge
for a rule or order for the inspection, by himselfor by his witness , of
any real or personal property , the ispection of which may be material
to the proper determination of the issue; and it shall be lawful for the
court or judge, if it or he thinks fit, to make such rule or order , on
such terms as to costs and otherwise as the court or judge may direct .
35. it shall be lawfull for the court or a judge to make such rules or
orders as may be necessary to procure the attendance of a special or
common jury for the trial of any case dependign in the court , at such
time and place and in such manner as the court or judge may
thimk fit .
witnesses .
36.-(1) the subpana , or process of the court for procuring the
attendance of any person to give evidence in any case who has not
been bound by recognizance to appear before the court to give evidence
in such case , or ,where the production of documents is required , the
subpana duces tecum , shall be sued out of the registrar's office by the
crown solicitor , or ,where the prosecution is at the instance of a private person, by the prosecutor or his solicitor , or by the accused person or
his solicitor , as the case may be .
(2) every sucb subpana shall be issued in the name of the queen
and shall be tested in the name of the chief justice.
(3) the names of four witnesses may be inserted in one subpana , and
they shall be descrbed therein with such certainty that the bailiff may
be able readily to find them ; and the form fo the subpama shall , as near
as may be , be accoridng to the like form used in the supreme court in
civil cases .
(4) the party obtaining the subpama shall at teh same time make out
and givve to the registrar as many copies as there as persons to be
served therewith, and the registrar shall deliver the original , together
wht the copies , to the bailiff for service.
37. when the prosecution is at the instance of a private person, such
person or some one on his behalf shall , at the sitme of obtaining the sub-
pama , pay into the registry the lawful costs and charges for executing
the same , together with such further sum or sums or money as such
person intends the bailiff to give or tender to the witnessses repectively
for their travelling expenses .
38.-(1) the bailiff shall , as soon as may be after having received
any subpama and copy , deliver to the person named in the subpama the
said copy.
(2) in a case where succh person cannot be found, the bailiff shall
leave the said copy wiht whom the said copy is left , as the case may be , the
original subpama and explain to him the nature and exigency thereof.
39. the bailiff shall, at or immediately after the time of service,
indorse on or annex to the original subpama a return in writing , signed
by him , of the time and mode of service, and shall forthwith transmit
the same ot hte registrar.
40.every witness who is present when the trial of a case is adjourned ,,
ro who has been duly notified of the time to which such trial or further
trial is so adjourn , shall be bound to attend at such time , and , in default
of so doing, may be dealt wiht in same manner as if he had failed to
attend before the court in obedience to a subpama to attend and give
evidence.
41.-(1) where the trial of any case is postponed from oe session
of the court to another session , it shall be lawful for the court to respite the recognizance of every witness who was bound by recognizance to
attend at such first-mentioned session , and every such witness shall be
bound to attend and give evidence at such other session , without entering
into any fresh recognizance for that purpose, in such and the same
manner as if he were originally bound by his recogniznace ot attend and
give evidence at such other session .
(2) the registraar shall deliver or cause to be delivered to every
witness in any case so postponed a notice in writing informing him of
the day on which the session of the court to which the case is postponed
will commence.
PART II
PROCEEDINGS A TRIAL .
MODE OF TRIAL .
42.-(1) every person to be tried before court shall be tried on
an indictment .
(2) subject to the provisions of the next succeding section, such trial
shall be had by and before a judge and jury constituted under any
statute for the time being in force relating to juries .
43. on motion made by the attorney general , a judge shall roder
that the trial of any indictment shall be had at bar , that is to say , by
and before the two judges fo the court and a jury constituted under
any statute for time being in force relating to juries , and such trial
shall be had accordingly
44.-(1) nothing in this ordinanc shall affect the right of the
attorney general to file an information in the court against any person
for misdemeanor .
(2) subject to the provisions fo this ordinance or of any other statute
for the time being in force , the law, practice ,and procedure in repect
of any such infurmation shall be , as nearly as may be , the same as the
informations filed by the attorney general fo england in the high
court of justice in england,so far as such law , practice , and procedures
are applicable to the circumstances of this colony .
default of appearance.
45.-(1) if in any case , after notice fo trial has been given , no person
appears in court to prosecute or prefer the indictment before the close
of the session of the court for which such notice was given , it shall be competent for the accused person to move the court to discharge him
therefrom, and if he , or any person on his behalf , has been bound
by recognizance may be discharged .
(2) where the prosecution is aat the instance of a private person, it
shall also be competent for the accused person to move the court that
the prosecutor and his sureties , if any , shall be called on their recogni-
nances , and , in default of his appearance , that the same may be estreated .
(3) on any such application the court shall make such order as it
may think just.
46.-(1) where it appears by the return made by the bailiff that
the copy of hte idictment adn notice of trial has been duly served ,
tand the accused eprson , on being thrice called on the day appointed for
trial ,does not appear, a motion may be made on behalf of the prosecu-
tion, if the accused person has been admitted to bail , that he and his
sureties , if any , may be called on their recognizances, and , in default
of his appearance, thaat the same may be estreated .
(2) on any such application the court shall make order as it
may think just .
47. where any person against whom an indictment has been duly
preferred , and who is then at large , does not appear to plead to such
indictment , whether he is under recognizance to appear or not , the
court may issue a warrant for his apprehension.
48.after the commencement of this ordinance , outlawry in criminal
cases shall be abolished .
49. if the accused person is at the time confined for some other cause
in any prison , the court or a judge may, by order in writing , without
writ of habeas corpus, direct the keeper of such prison to bring up the
body of such person, as often as may be required , for the purpose fo the
trial , and the keeper shall obey such order .
arraignment.
50.-(1) the accused person shall be placed at the bar unfetterd
and not in prison clothes , unless the court sees cause to direct other-
wise.
(2) the indictment shalll then be read over to him by the registrar,
and explained , if necessary , by the registrar or the interpreter of the
court; and he shall be required to plead instantly thereto, unless he
objects to the want of due service of the indictment and notice of trial ,
and the court finds that he has not been duly served therewith. 51. the accused person, on being arraigned , by pleading generally
the plea of 'not guilty,' shall , by such plea , without further form, be
deemed to have put himself upon the country for trial .
52. if an accused person , on being arraigned , stands mute of mal-
ice or will not answer directly to the indictment, the court shall,if it
thinks fit , order the registrar to enter a plea of 'not guity' on
behalf of such accused person; and the plea so entered shall have the
same force and effect as if such accused person had actually pleaded
the same .
53. where an indictment contains a count charging the accused
person with having been previously convicted , he shall not, at the time
of his arraigment , be required to plead to it unless he pleads guilty to
the rest of the indictment, nor shall such count be mentioned to the jury
when he is given in charge to them or when they are sworn, nor shall
he be tried upon it if he is acquitted on the other counts ; but , if he
is convicted on any other part of the indictment, he shalll be aked
whether he has been previously convicted as alleged or not ; and if he
says that he has not, or does not say that he has , been so convicted, the
jury shall be charged to inquire into the matter as in other cases .
54.-(1) after the commencement of this ordinance , no objection
to an indictment shall be taken by way of demurrer, but if an indict-
ment does not state in substance an indictable offence or states an offence
not triable by the court, the accused person may move the court in
quash it or in arrest of judgement.
(2) if such motion is made before the accused person pleads , the
court shall either quash the indictment or amend it , if it may ,
in its discretion, either quash the indictment or leave the objection to be
taken in arrest fo judgment .
(3) if the defect in the indictment appears to the court during the
trial , and the court does not think fit to amend the indictment , it may
in its discretion , either quash the indictment or leave the objection to be
takent in arrest of judgment .
(4) if the indictment is quashed , the court may , if it thinks fit,
direct the accused person to detained in custody until the termination
of the session or to be released on bail, and may order him to plead to
another indictment when called on at the same session fo the court.
amendment ,.
55-(1) if , on the trial of any indictment , there appears to be a
varince between the proof and the charge in the indictment or in any
count in it, either as preferred or as amended , the court may amend the indictment or any count in it , so as to make it conformable wiht the
proof. if the court is of opinion that the accused person has not been
misled or prejudiced in his defence by such variance , it shall make such
amendment.
(2) if it appears that there is in the indictment , or in any count in
it, an omission to state ro a defective statement of anything requiste to
constitute the offence , or an omission to negative any exception which
ought to have been negatived , but that the matter omitted ro deficient
is proved by the evidence , the court shall , if it is of opinion that the
accused person has not been misled or prejudiced in his defence by
such omission or defective statement, amend the indictment or count by
inserting in it the matter omitted or deficient .
(3) the trial in either of these cases may then proceed in all respects
as if the indictment or count had been originally framed as amended :
provided that, if the court is of opinion that the accused person has
been misled or prejudiced in his defence by any such variance or
omission or defective statement as aforesaid, but that the effect of such
misleading or prejudice might be removed by adjourning or postponing
the trial , the court may , in its discretion, make the amendment and
adjourn the trial to a future day , or discharge the jury and postpone
the trial , on such terms as it may think just.
(4) in determing whether the accused person has been misled or
prejudiced in his defence or not , the court shall consider the contends of
the depositions ,as well as the other circumstances of the case.
56-(1) in any case where an amendment is made, the order for the
amendment shall be indorsed on the indicatment and be entered in the
minute book of the court .
(2) every verdict and judgment which may be given after the
making of any amendment shall be of the same force and effect in all
respects as if the indictment had been originally in the same form in
which it is after such amendment has been made .
(3) if it becomes necessary at any time for any purpose to draw up
a formal record in any case where an amendment has been made , such
record shall be drawn up in the form in which the indictment is after
such amendment has been made , without taking any notice of the fact
of such amendment having been made.
coviction for offence other than that charged.
57. if , on any trial for any felony, except murder or manslaughter ,
where the indictment alleges that the accused person did cut , stab, or
wound any person , the jury are satisfied that the accused person is guilty of the cutting, stabbing, or wounding charged in the indictment,
but are not satisfied that he is guilty of the felony charged in the indict-
ment , then and in every such case the jury may acquit the accused person
of such felony and find him guilty of unlawful cutting , stabbing , or
wounding , and thereupon the accused person shalll be laible to be
punished in the same manner as if he had been convicted upon an
indictment for the misdemeanor of cutting , stabbing , or wounding.
58. if ,on any trial for robbery, the jury are satisfied that the accused
person is guilty of an assault with intent to rob, but are not satisified
that he is guilty of the robbery charged in the indictment, then and fit
every such case the jury may acquit the accused person of such robbery
and find him guilty of an assault with intent ot rob, and thereupjon the
accused person shall be liable to be punished in the same manner as if
he had been convicted upon an indictment for feloniously assaulting
with intent to rob.
59. if , on any trial for burglary, stealing in a dwelling house , or
breaking and entering and stealing in a shop, warehouse, or counting
house or in a building within the curtilage of a dwelling house , the jury
are satisfied that the accused person is guilty of some one of the said
offences but are not satisfied htat he is guilty of the offence charged in
the indictment, then and in eevey such case the jury may acquit the
accused person of the offence charged in the indictment and find him
guilty of the said other offence , and thereupon the accused person shall
be liable to be punished in the same manner as if he had been convicted
upon an indictment charging him wiht such other offence .
\60. if, on any trial for any offence,the jury are satisfied that the
accused person is guilty of an attempt to commit the offence charged in
the indictment, but are not satisfied that he is guilty of the full offence
so charged , then and in every such case the jury may acquit the accused
person of such offence and find him guilty of an attempt to commit the
same , and thereupon the accused person shalll be liabel to be punished the
the same manner as if he had been convicted upon an indictment for ,
attempting to commit such offence.
61. if ,on any trial for misdemeanor , the facts given in evidence
amount to a felony , the accused person shall not be therefore aquitted
of such misdemeanor ; and no person tried for such misdemeanor shall
be liable afterwards to be prosecuted for felony on the same facts , unless
the court thinks fit, in its discretion , to discharge the jury from giving
any verdict on such trial and to direct the accused person to be prose-
cuted for felony, in which case the accused person may be dealt with as
if he had not been previously put on his trial for misdemeanor . proof of certain matters .
62. where an indictment contains a count charging the accussed per-
son with having been previously convicted , and it becomes necessary on
the trial to prove such previous conviction, a copy of the conviction for
the offence punishable on summary conviction or a certificate containing
the substance and effect only (omitting the formal part) of the indict-
ment and conviction for the indictable offence,as the case may be , pur-
porting to be signed by the officer having the custody of the records of
the court where the offender was convicted ,shall , on proof of the identity
of the person , be suficient evidence of the said conviction , without proof
of the signature or official character of the person appearing to have
signed the same .
63. a certificate containing the substance and effect only (omitting
the formal part ) of the indictment and trial for any indictable offence ,
purporting to be signed by the registrar, shall , on the trial of any
indictment for perjury or subornation of perjury , be sufficient evidence
of the trial of the said indictment , without proof of the sigature or
official character of the person appearing to have signed the same .
64-(1) on the trial of nay person for having received property
knowing it to be stolen or for having in his possession stolen property ,
evidence may be given may be taken into consideration for th e
purpose of proving that the accused person knew the proeprty in respect
of which he is then being tried to be stolen.
(2) where , on the trial of any person for having received property
knowing it to be stolen or for having in his possession stolen property ,
evidence has been given that the stolen property was found in his posses-
sion, then , if the accused person has, within five years immediately pre-
ceding, been convicted of any offence involving fraud or dishonesty ,
evidence of such previous conviction may be given , may be taken
into consideration for the purpose of proving that the accused person
knew the property which was found in his possession to have been
stolen; provided that not less than seven days' notice in writing has
been given to the accused person that proof is intended to be given fo
such previous conviction ; and it shall not be previous conviction fo the
accused person .
65. on the trial of an issue on a plea of autrefois convict or autrefois
acquit , the depositions transmitted to the registrar or attorney general
on the former trial , together with the judge's notes , if available , and the
depositions transmitted to the attorney general on hte subsequent charges
shall be admissible in evidence to prove or disprove the identity of the
charges .
case punishalbe on summary conviction .
66.-(1) if , either before or during the trial of an accused person,it
appears to the court that such person has been guilty of an offence
punishable on summary conviction , the court may either order that the
case shall be remitted to a magistrate with such directions as it may
think proper or allow the case to proceed, and , in case of conviction,
impose such punishment upon the person upon the person so convicted as might have
been imposed by a magistrate and as the magistrat the whom any such direc-
tions are addressed to obey the same .
verdict and judgment .
67.-(1) no verdict of any jury against any person , adn no sentence
of the court on any person , who is found guilty fo larceny , embezzle-
ment , fraudulent application or dispostion of anyting , or obtaining
anything by false pretences shall be set aside or reversed , if on the trial
there was evidence to prove that such person committed any one of such
offences
(2) the punishment awarded againsst such person shall not exceed
the punishment which could have been awarded for the offence actually
committed, according to the proper legal designation thereof , and no
person so convicted shall be liable ot be afterwards prosecuted for any
such offence on the same facts .
68. no judgment shall be stayed or reversed -
(1) on the ground of any objection which , if stated before the jury
were empanelled or during the progress of the trial , might have
been amended by the court ; or
(2) because of any error committed in summoning or swearijng th e
jury or any of them ; or
(3) because of any person who has served on the jury has not been
returned by the registrar ; or
(4) because fo any objection which might have been stated as a
ground of challenge of any of the jurors ; or
(5) because of any informality in swearing the wittness or any
of them.
69. where the court sentences any person to undergo a term fo
imjprisonment for an offence , and such person is already undergoing or has been at the same session of the court sentenced to undergo,
imprisonment for another offence,it shalll be lawful for the court to
direct that such imprisonment shall commence at the expiration of the
term of imprisonment which such person is then undergoing or has
been so previously sentenced to undergo, as aforesaid .
70. no confession , verdict, inquest, conviction or judgment of or for
any treason or felony or felo de se shall cause any attainder or corruption
of blood or any forfeiture or escheat .
71. in any case where the trial of an accused jperson is postoned , it
shall be lawful for the court to respite the recognizance fo the accused
perosn and his surety or sureties ,if any , accordingly ; and in such case
the accused person shall be bound to appear to be tried at the time and
place to which such trial may be postponed , wihtout entering into any
fresh recognizance for that purpose , in such and the same manner , and
with the same cosequences in all respects , as if he was originally bound
by his reecognizance to appear and be tried at the time and place to
which such trial has been so postponed .
costs and compensation .
72.-(1) it shall be lawful for the court , if it thinks fit , on the con-
viction of any perosn for an idictable offence , in addition to such sen-
tence as may otherwise by law be passed , to condemn such person to the
payment of the whole or any part of the costs or expenses incurred in
and about the prosecution and conviction for the offence of which he is
convicted.
(2) the paymetn of such costs and expenses or any part thereof may
be ordered by the court to made out of any moneys taken from
such person on his apprehension , or may be enforced at the instance of
any person liable to pay or who may have paid the same in such and the
same manner as the payment of any costs ordered to be paid by the
judgment or order of the supremed court in any civil action or proceeding
may for the time being be enforce : provided that in the meantime
and until the recovery of such costs and expenses from the person so
covicted as aforesaid or from hais estate , the same shall be paid and
provided for in the same manner as if this ordinance had not been
passed; adn any money which may be recovered in respect thereof from
the person so convicted , or from his estate , shall be applicable to the re-
imbursement of any person or fund by whom or out of whihc suhc costs
and expenses may have been paid or defrayed.
73.-(1) it shall be lawful for the court , if it thinks fit , on jthe
application of any person aggrieved and immediately after the con- viction of any porson for an indictable offnece , to award any sum fo
money ,not exceeding five hundred dolladrs , by way fo satisfaction or
compensation for any loss of property suffed by the applicant through
or by means of the said offence.
(2) the amount awarded for such satifaciton or compensation shall
be deemed a judgment debt due to the person entitled to receive the
same from the person so convicted , and the order for jpayment fo such
amount may be enforced in such and the same manner as in the case of
any costs or expenses ordered by the court to paid under the last
preceding section.
arraigment and trial of insame person .
74.-(1) if any accused person appears , either before or on arraign-
ment , to be insane , the court may iorder a jury to empanelled to try
the sanity of such person , and the jury shall thereupon , after hearing
evidence for that purpose, find whether such person is or is not insane
and unfit to take his trial
(2) if , during the trial of na accused person , such person appears
afterthe hearing of evidence tjo that effect or otherwise , to the jury
charged with the indictment to be insane , the court shall in such case
direct the jury to abstain from findign a verdict upon the indictment
and, in lien thereof, to return a verdict that such person is insane: pro-
vided that a verdict under this section shall not affect the trial of nay
person so found to be insane for the offence for which he was indicted,
in case be subsequently becomes of sound mind.
75. where in an indictment any act or omission is charged against
any person as an offence, and it is given in evidence on the trial of such
person for that offence that he was insane , so as not to be responsible ,
accoridng to law, for his actions at the time when the act was done or
the omission made , then , if it appears to the jury before who such
person is tried that he did the act or made the omission charged , but
was insane as aforesaid at the time when he did or made the asme , the
jury shall return a special verdict ot the effect that the accused person
was guilty of the act or omission charged against him , but was insane as
aforesaid at the time when he did or made the same .
76.-(1) where any person is found to be insane under the provisions
of section 74 or has a special verdict found against him under the pro-
viisions of the last precedign section , the court shall direct the finding
of the jury to be recorded , and thereupon the court may order such
person to be detained in safe custody , in such place and manner as the
court thinks fit , until majesty's pleasure shall be known. (2) the judge shall immediately report the finding of the jruy and
the detention of such eprson to the governor , whoo shall order such
peson to be dealt with as a lunatic under the laws of this colony for
the time being in force for the care and custody of lunatices , or otherwise
as he may think proper.
sentence of death upon pregnant woman.
77.-(1) if sentence of death is passd upon any woman , she may
move in arrest of execution oo the ground that she is pregnant . if such
a motion is made, the court shall direct two or more duly qualified
medicdical practitioners to be sworn to examine the woman in some private
place, either together or sucessively , and to inquire whether she is with
child of sa quick child or not . if , on the report of any of them , it appears
to the court that she is so with child , execution shall be arrested until
she is delivered of a child, or until it is no longer possible in the course
of nature that she should be so delivered .
(2) after the commencement of this ordinance , no jury de ventre
inspiciendo shall be empanelled or sworn in any such case.
PART IV.
PROCEEDINGS SUBSEQUENT TO TRIAL .
RESERVATION OF QUESTION OF LAW.
78-(1) the judge may , in his discretion, reserve for the considera-
tion of the full court any question of law which may arise on the trial fo
any indictment , and , in case the accused person is convicted , may post-
pone judgment until such question has been considered and decided , and
in the meanwhile may commit the person convicted to prison or take a
recognizance of bail , with or without one or more sufficient sureties and
in such sum as he may think fit , conditioned to appear at such time or
times as the court may direct and receive judgment .
(2) upon the consideration of the question so reserved , it shall be
lawful for the full court either to affirm or to quash the conviction,
and to make sucb other orders as may be necessary to give effect to its
decision.
restitution of property.
79.-(1) subject as hereinafter provided , where any person is con-
victed fo an indictable offence, any property found in his possession , or
in the posssession fo any other person for him , may be order by the Court to be delieved to the person who appears to the Court to be
entitled thereto.
(2.)Where any person is convicted before the Court of having stolen
or dishonestly obtained any property and it appears to the Court that
the same has been pawned to a pawnbroker or other person,the Court
may order the delivery thereof to the person who appears to the Court
to be the owner,either on payment or without payment to the pawn-
broker or other person of the amount of the loan or any part thereof,as
to the Court,according to the conduct of the owner and the pawnbroker
or other person and the other circumstances of the case,may seem just.
If the person in whose favour any such order is made pays the money
to the pawnbroker or other person under such order,and obtains the
property,he shall not afterwards question the validity of the pawn;but,
save to that extent ,no order made under this section shall have any
further effect than to change the possession,and no such order shall
prejudice any right of property or right of action inrespect to property
existing or acquired in the goods either before or after the offence was
committed.
(3.)Nothing in this section shall prevent any Magistrate or the Court
from ordering the return to any person charged with an indictable
offence,or to any person named by the Court,of any property found in
the possession of the person so charged or in the possession of any other
person for him,or of any portion thereof,if the Magistrate or the Court
is of opinion that such property or portion thereof can be returned con-
sistently with the interests of justice and with the safe custody or other-
wise of the person so charged.
80.Where any person is convicted of larceny or of any other offence
which includes the stealing of any property,and it appears to the
Court that the convicted person has sold the stolen property to any
person and that the purchaser had no knowledge that the same was
stolen,and any money has been taken from the convicted person on
his apprehension,it shall be lawful for the Court,on the application of
the purchaser and on the restitution of the stolen property to the person
injured,to order that,out of such money,a sum not exceeding the pro-
ceeds of the sale be delivered to the purchaser.
Calendar of Sentences.
81.-(1.)As soon as conveniently may be after the conclusion of
each session,a copy of the calendar of sentences,under the hand of a
Judge and the Seal of the Court,shall be transmitted by the Registrar
to the Colonial Secretary.
(2.)A similar copy shall also be transmitted by the Registrar to the
Keeper of the Prison,who shall record the same,and such calendar shall
be a sufficient warrant for receiving and detaining all prisoners named
therein,and for carrying into effect all sentences set forth therein,other
than sentences of death.
(3.)In the event of the copy of a calendar kept by the Keeper of the
Prison being lost or destroyed,a fresh copy,signed and sealed as above
mentioned,shall be delivered by the Registrar to the Keeper and shall
have the same effect as the copy first given to that officer.
82.-(1.)At the end o feach day's sitting of the Court in every
session,the Registrar shall deliver to the Keeper of the Prison or his
deputy a certificate,in the Form No.3 in the Schedule to this Ordinance,
of all sentences passed by the Court during that day.
(2.)Such certificate shall be a sufficient warrant to the Keeper for
receiving into his custody all prisoners named therein,and for carrying
into effect all sentences described therein,other than sentences of death,
until the calendar of sentences for that session is received by him.
Undergoing Sentence,etc.
83.Where any person convicted of any felony not punishable with
death has endured or shall endure the punishment to which he has been
or may be sentenced for the same,the punishment so endured has and
shall have the like effects and consequences as a pardon under the Public
Seal of the Colony as to the delony whereof of the offender was or may be
so convicted:Provided that nothing herein contained,nor the enduring
of such punishment,shall prevent or mitigate any punishment to which
the offender might otherwise be lawfully sentenced on a subsequent
conviction for any other felony.
84.When any case has been finally disposed of,the Crown Solicitor
shall deliver to the Registrar all the original documents in the case
which have been transmitted to him by the Magistrate,and such docu-
ments shall be filed in the Registrar's Office or otherwise dealt with as
the Court may direct.
PART V.
MISCELLANEOUS PROVISIONS.
Ownership of Property.
85.-(1.)Where,in any document in any proceeding under this
Ordinance,it is necessary to state the ownership of any property which
belongs to or is in the possession of more than one person,it shall be
sufficient to name one of such persons and to state such property to
belong to the person so named and another or others,as the case
may be.
(2.)Where,in any such document,it is necessary to mention,for
any purpose whatsoever,any partners or other joint owners or possessors,
it shall be sufficient to describe them in manner aforesaid.
(3.)The provisions of this section shall be construed to extend to all
joint stock companies and associations,societies,and trustees.
86.Where,in any document in any proceeding under this Ordinance,
it is necessary to state the ownership of any church,chapel,or building
set apart for religious worship,or of anything belonging to or being in
the same,it shall be sufficient to state that such church,chapel,or
building,or such thing is the property of the clergyman,or of the
officiating minister,or of the church body or of the churchwardens of
such church,chapel,or building,without its being necessary to name
him or them.
87.Where,in any document in any proceeding under this Ordinance,
it is necessary to state the ownership of any work or building made,
erected,or maintained,either in whole or in part,at the expense of the
Government of the Colony or of any city,town,or village thereof,or
of anything belonging to or being in or used in relation to the same,or
of anything provided for the use of the poor or of any public institution
or establishment,or of any materials or tools provided or used for
making,altering,or repairing any such work or building or any public
road or highway,or of any other property whatsoever of such Govern-
ment as aforesaid, it shall be sufficient to state that such property is the
property of the Government of the Colony or of the city,town,or
village,as the case may be,without naming any of such inhabitants.
88.-(1.)Every married woman,whether married before or after the
commencement of this Ordinance,shall have in her own name against
all persons whomsoever,including her husband (subject as regards her
husband to the proviso hereinafter contained) the same remedies and
redness,by ay of criminal proceedings,for the protection and security
of her own separate property as if such property belonged to her as an
unmarried woman.
(2.)In any indictment or other proceeding under this section,it shall
be sufficient to allege the property to which the indictment or other
proceeding relates to be the property of the married woman,and in any
proceeding under this section a husband or wife shall be competent to
give evidence against each other,any statute or rule of law to the
contrary notwithstanding:Provided that no proceeding shall be taken by any wife against her husband by virtue of this section,while they
are living together,as to or concerning any property claimed by her,or,
while they are living apart,as to or concerning any act done by the
husband,while they were living together,concerning property climed
by the wife,unless such property has been wrongfully taken by the
husband when leaving or deserting,or about to leave or desert,his
wife.
89.A wife who does any act with respect to any property of her hus-
band,which,if done by the husband with respect to property of the wife,
would make the husband liable to criminal proceeedings by the wife under
the last preceding section,shall in like manner be liable to criminal pro-
ceedings by her husband.
Apprehension of Offenders.
90.-(1.)Any person who is found committing an indictable offence
may be apprehended by any person whomsoever,without warrant.
(2.)Any person whosoever may,without warrant,arrest any person
on a charge of having committed an indictable offence,if such an offence
has actually been committed or if the person arrested is being pursued
by hue and cry,but not otherwise.
(3.)Any person to whom any property is offered to be sold,pawned,
or delivered,and who has reasonable ground to suspect that any indict-
able offence has been or is about to be committed on or with respect to
such property,may,and,if he can,shall,without warrant,apprehend
such property offering the same and take possession of the property so offered.
(4.)Every person who finds any person in possession of any property
which he,on reasonable grounds,suspects to have been obtained by means
of an indictable offence may arrest such last-mentioned person without
warrant and take possession of the property.
(5.)Every person who arrests any person under any of the provisions
herein contained shall(if the person making the arrest is not himself a
peace officer) deliver the person so arrested,and the property,if any,
taken possession of by him,to some Police or other constable,in order
that he may be conveyed as soon as reasonably may be before a Magis-
trate,to be by him dealth with according to law,or himself convey him
before a Magistrate,as soon as reasonably may be,for that purpose.
(6.)Nothing in this section shall affect the powers of apprehension
conferred upon constables or other persons by any other statute for the
time being in force.
Seizure of Property.
91.Any Magistrate or the Court may order the seizure of any pro-
perty which there is reason to believe has been obtained by,or is the proceeds of,any indictable offence,or into which the proceeds of any
indictable offence have been converted,and may direct that the same
shall be kept or sold,and that the same,or the proceeds thereof,if sold,
shall be held as he or it directs,until some person establishes,to his or
its satisfaction,a right thereto.If no person establishes such a right
within twelve months from the seizure,such property,or the proceeds
thereof,shall become vested in the Colonial Treasurer for the public use
of the Colony,and shall be disposed of accordingly.
92.Any Magistrate or the Court may order the seizure of any instru-
ments,materials ,or things which there is reason to believe are provided
or prepared,or being prepared,with a view to the commission of any
indictable offence,and may direct the same to be held and dealt with in
the same manner as property seized under the last preceding section.
93.An order made under either of the last two precedig sections
may be enforced by a search warrant.
94.If,on the apprehension of any person charged with an indictable
offence,any property is taken from him,a report shall be made by the
Police to the Magistrate or the Court of the fact of such property having
been taken from such person and of the particulars of such property.
95.If,on the apprehension of any person charged with an indictable
offence,any money is taken from him,the Court may,in its discretion,
in case of the conviction of such person,order such money or any part
thereof to be applied to the payment of any costs,or costs and com-
pensation,directed to be paid by such person.
Probation of First Offenders.
96.-(1.)Where any person is convicted of larcent,or of embezzle-
ment,or of obtaining anything by false pretences,or of any other in-
dictable offence punishable with not more than two years' imprison-
ment and no previous conviction is proved against him,if it appears to
the Court that,regard being had to the youth,character,or antecedents
of the defender,to the trivial nature of the offence,or to any extenuating
circumstances under which the offence was committed,it is expedient
that the offender be released on probation of good conduct,the Court
may,instead of sectencing him at once to any punishment,direct that
he be released on his entering into a recognizance,with or without a
surety or sureties and during such period as the Court may direct,to
appear for sentence when called upon,and in the meantime to keep the
peace and be of good behaviour.
(2.)In any such case the Court may,if it thinks fit,order the offender
to pay such compensation,not exceeding fifty dollars,and such costs of the proceedings,or either of them,as the Court may think reasonable,
and such compensation shall be payable to such person as the Court
may direct.
97.-(1.)If,in any such case,any Magistrate or the Court is satisfied,
by an information in writing and upon oath,that the offender has failed
to observe any of the conditions of his recognizance,such Magistrate or
the Court may issue a warrant for his apprehension.
(2.)An offender,when apprehended on any such warrant,shall,if
not brought forthwith before the Court,be brought before a Magistrate,
and the Court or Magistrate may either remand him,by warrant,until
the time at which he was required by his recognizance to appear for
sentence or until the next session of the Court,or may direct him to be
released on his entering into a recognizance,with or without a surety
or sureties,conditioned for his appearance to receive sentence.
(3.)An offendermwhen remanded on any such warrant,may be
committed to prison,and the warrant of remand shall order that he be
brought before the Court to be dealt with according to law.
98.THe Court,before directing the release of an offender under section
96,shall be satisfied that the sureties,if any,have fixed places of abode
or regular occupation in the Colony.
Enforcing Recognizance.
99.-(1.)The Registrar shall,before the close of the last day's sitting
of the Court at each session,make out a list of all persons bound by
recognizance to appear or to do any other thing,or who have been
bound for the appearance of any other person or for his doing any other
thing,at the said session of the Court,and who have made default,
or whose principal,or other person for whom they are so bound,has
made default ,to appear or to do such other thing at the said session of
the Court;and the Registrar shall,if he is able to do so,state the
cause why such default has been made.
(2.)The list so made out shall be examined,and,if necessary,
corrected and signed by the judge,and shall be delivered by the
Registrar to the Bailiff.
100.A writ of execution shall be issued from the Registrar's Office
against every such person who is liable on a recognizance in respect of
any such default,and shall be delivered to the Bailiff;and such writ
shall be the authority of the Bailiff for leaving and recovering such
forfeited recognizance on the real and personal property of such person,
and for taking into custody the body of such person,in case sufficient
real or personal property is not found whereon levy may be made. 101.Every person who is arrested under the provisions of the last
preceding section shall be committed to prison and be there kept until
the next sesstion of the Court,there to abide the decision of the Court,
unless in the meantime the forfeited recognizance,or a sum of money in
lieu or satisfaction thereof,is paid,together with all costs and expenses
in consequence of his arrest and detention:Provided that if any person
so arrested and imprisoned gives to the Bailiff good and sufficient bail
for his appearance at the next session of the Court,to abide the decision
of the Court,and for the payment of the forfeited recognizance or a sum
of money in lieu or satisfaction thereof,together with such costs as may
be awarded by the Court,then it shall be lawful for the Bailiff,and he
is hereby required,forthwith to cause such person to be discharged out
of custody.
102.If such person fails to appear at the nect session of the Court
in pursuance of his undertaking in that behalf,the Court may order that
a writ of execution be issued from the Registrar's Office against the
aurety or sureties of the person so bound as aforesaid,and such writ shall
be delivered to the Bailiff,who shall proceed as therein directed:Pro-
vided that the Court may,in its discretion,order the discharge of the
whole or any part of the forfeited recognizance or of the sum of money
paid or to be paid in lieu or satisfaction thereof.
Fines,Forfeitures,and Contempts.
103.-(1.)The Bailiff shall,without further warrant or authority,
arrest any person upon whom any fine has been imposed by the Court,or
by whom any forfeiture has been incurred and who is adjudged to pay
the same by the Court,and such person shall thereupon be detained in
custody in a prison until the fine or forfeiture imposed on or incurred
by him is paid and satisfied,togetehr with all costs and expenses in con-
sequence of such arrest and detention:Provided that no such imprison-
ment shall exceed twelve months in duration:Provided,also,that a
Judge may at any time order the discharge of any such prisoner.
(2.)The return of the Bailiff,or of the Keeper of the Prison,to any
writ of habeas corpus of an arrest or detainer under any judgment or
order of the Court for non-payment of any fine or forfeiture imposed or
incurred as aforesaid shall be deemed sufficient in law,provided there
appears in or is attached to such return a certificate by the Registrar,
setting forth the judgment or order by virtue of which such arrest or
detainer was made.
(3.)The Court or a Judge shall have power to reduce or remit any
fine or forfeiture imposed by the Court,or incurred by any person in
respect of the Court,at any time within three months after such fine or forfeiture has been imposed or incurred,provided such fine or forfeiture
has not been already paid or satisfied.
Pardon.
104.Any Magistrate or the Court may,with the consent in writing
of the Attorney General,order that a pardon be granted to any person
accused or suspected of,or committed for trial for,any indictable offence,
on condition of his giving full and true evidence on any preliminary
inquiry or any trial;and such order shall have effect as a pardon by the
Governor,but may be withdrawn by the Magistrate or the Court on proof
satisfying him or it that such person has witheld evidence or given
false evidence.
105.In every case where either a free or conditional pardon is granted
to any person,the discharge of the offender in the case of a free pardon,
and the performance of the condition in the case of a conditional pardon,
shall have the same effect as a pardon has in the like cases under the
Public Seal of the Colony.
106.-(1.)Whenever the Governor,in the name and on behalf of
Her Majesty,is pleased to grant to any offender a pardon under the
Public Seal of the Colony or to issue any warrant for the commutation
of any sentence of death,the Registrar shall be bound,on the direction
of the Governor,to record such pardon or warrant in a book to be kept
by him for that purpose,and to imdorse such pardon or warrant with
the word 'Recorded' and with his signature.
(2.)Every such pardon and warrant shall be valid and effectual for all
purposes whatsoever,and it shall be the duty of all Courts,Judges,
Magistrates,officers,and others,on production thereof,to take notice of
and to give effect to the same.
107.Subject as hereinbefore provided,nothing in this Ordinance
shall affect Her Majesty's Royal Prerogative of Mercy or any preroga-
tive of mercy vested in the Governor.
Error,etc.
108.No proceeding in error shal be taken upon any trial under the
provisions of this Ordinance.
109.The practice and procedure in respect of any charge of or trial
for treason or misprision of treason shall be,as nearly as possible ,but
subject to the provisions of any statute for the time being in force in the
Colony relating to juries,the same as the practice and procedure in
respect of a charge of or trial for a like offence for the time being in
force in England. Temporary Provisions.
110.Where,in any Ordinance,or in any rule,regulation,by-law,or
order,or in any other document of whatever kind,reference is made to
an 'information' in the Court in respect of an indictable offence,such
reference shall,unless the context otherwise requires,be taken as apply-
ing to an indictment in the Court.
111.All rules and orders of the Court which are inconsistent with
the provisions of this Ordinance shall and the same are hereby declared
to be of no force or effect whatsoever.
SCHEDULE.
FORMS.
FORM No.1.
Indictment.
IN THE SUPREME COURT OF HONGKONG.
The day of
1. }At the Ordinary Criminal Session of the Supreme Court
holden at Victoria for the month of ,1,[or,
in case of a Special Session,At the Special Criminal Session
of the Supreme Court holden at Victoria on the day
of ,1]the Court is informed by the Attorney
General,on behalf of our Lady the Queen,that A.B., on
the day of ,1,at in this Colony,
three pairs of shoes and one waistcoat,the property of C.D.,
feloniously did steal,take,and carry away.
(Signed.)
Attorney General.
And if there are more counts than one,then the second and every subsequent
count,if not,may,with the necessary additions and modifications,be in the
following form:-
And also that the said A.B., on the day of,
1,at in this Colony,three pairs of shoes and
one waistcoat,the property of C.D., before then feloniously
stolen,taken,and carried away,feloniously did receive and
have,he,the said A.B., at the time when he so received the
said three pairs of shoes and the said waistcoat as aforesaid,
then well knowing the same to have been faloniously stolen,
taken,and carried away.
FORM No.2.
Notice of Trial of Indictment.
IN THE SUPREME COURT OF HONGKONG.
To A.B.
TAKE notice that you will be tried on this indictment [or on the indictment whereof this is a true copy] at the Criminal Session of the Supreme Court , to
be holden at Victoria,in and for the Colony of Hongkong,on the day
of 1.
(Signed.)
Registrar.
FORM No.3.
Certificate of Sentence.
IN THE SUPREME COURT OF HONGKONG.
To the
This is to certify that the undermentioned persons were sentenced this day
to undergo the undermentioned punishments,namely,-
A.B., six months' imprisonment with hard labour.
C.D., two years' imprisonment with hard labour.
Dated this day of 1.
(Signed.)
Registrar.
A.D. 1899.
Ordinances No. 13 of 1899, with Ordinance No. 29 of 1901 s. 9 incorporated. Short title. Interpretation of terms. Application of the Ordinance. Master of Crown Office. Ordinary and special sessions of the Court in its criminal jurisdiction. Bringing of prisoners before the Court for trial. Bringing of certain classes of prisoners before the Curt for delivery. Assistance to be given by Police. Prisoners entitled to be discharged. Procedure of the Court in matters not provided for. Transmission of documents relating to case. Power to Attorney General to refer back case to be dealt with summarily. Power to Attorney General to refer back case for further inquiry. Further provisions as to referring back of case. No. 3 of 1890. Power to the Court or Judge to bail accused person. Institution of proceedings by Attorney General. Right of Attorney General not to prosecute. Signing and form of indictment. Schedule: Form No. 1. Joinder of courts and proceedings thereon. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. Description of instrument in indictment. 14 & 15 Vict.c. 100 ss. 5,7. Indictment for perjury. Ib.s.20. Indictment for subornation of perjury. Ib.s.21. Charge of previous conviction. General provision as to matters not necessary to be alleged, etc. Power to order further particulars. Filing of indictment. Indorsement of notice of trial. Schedule: Form No. 2. Delivery of copy of indictment for service. Service of copy. Return of service. Form of plea of autrefois convict or acquit. Inspection of property by party or witnesses. Rule or order for attendance of jury. Suing out of subpoena for witness. Payments to be made by private prosecutor for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure with respect to witnesses where trial is postponed. General mode of trial. See Ordinance No. 7 of 1887. Trial at bar. See Ordinance No. 7 of 1887. Saving of right of Attorney General to file information for misdemeanor. Proceedings on non appearance of prosecutor. Proceedings on non-appearance of accused person. Apprehension of accused person not appearing. Abolition of outlawry. Bringing up of accused person in custody for other cause. 30& 31 Vict.c. 35 s. 10. Arraignment of accused person. Effect of plea of 'Not Guilty.' Procedure where accused person on arraignment does not answer directly. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Variances and amendments. 11 & 12 Vict.c. 46 s. 4; 14 & 15 Vict.c. 100 s. 1. Proceedings on making of amendment. Ib.s.2. Ib.s.3. Conviction for wounding on indictment for felonious wounding. 14 & 15 Vict.c. 19 s. 5. Conviction for assault with intent to rob on indictment for robbery. Conviction for burglary on indictment for stealing in dwelling house, etc. Conviction for attempt on indictment for full offence. 14 & 15 Vict.c. 100 s. 9. Conviction for misdemeanor although facts in evidence amount to felony. Ib.s.12. Proof of previous conviction of accused person. 7 & 8 Geo. 4 c. 28 s.11. Proof of previous trial on trial for perjury. 14 & 15 Vict.c. 100 s. 22. Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen. Proof on trial of plea of autrefois convict or acquit. Procedure where person is committed for trial through error. Special provision for saving validity of verdict in case of larceny, etc. Prohibition of staying or reversal of judgment on specified grounds. Cumulative sentences. 7 & 8 Geo. 4c. 28 s. 10. Abolition of attainder. 33 & 34 Vict.c. 23 s.1. Effect on recognizance of postponement of trial. Power to the Court to award costs against person convicted of indictable offence. Ib.s.3. Power to the Court to award com- pensation to person defrauded or injured by commission of indictable offence. 33 & 34 Vict.c. 23 s.4. Procedure where accused. Person appears, on arraignment or during trial, to be insane. Special verdict where accused person found guilty, but insance at time of act or omission charged. 46 & 47 Vict.c. 38 s. 2(1.). Provision for custody of accused person found insane. Ib.s.2(2.) Motion in arrest of execution by pregnant woman sentenced to death. Power to reserve question of law for consideration of the Full Court. Restitution of property in case of conviction. Restitution of stolen property by purchaser thereof. 30 & 31 Vict.c. 35 s.9. Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day's sitting. Schedule: Form No. 8. Effect of undergoing sentence for felony not punishable with death. 9 Geo. 4 c. 32 s. 3. Filing of original documents. Mode of stating ownership of property of partners, etc. 7 Geo. 4c. 64 s. 14. Mode of stating ownership of church, etc. Mode of stating ownership of public property. Ib. ss. 15, 16. Criminal remedies of married woman against her husband and others in respect of property. 45 & 46 Vict.c. 75 s. 12. Criminal liability of wife to husband. 45 & 46 Vict.c. 75 s. 16. Summary apprehension of offender in certain cases. Seizure of property the proceeds of indictable offence. Seizure of things intended to be use in commission of indictable offence. Enforcement of order of seizure. Report of property found upon person apprehended. Application of money found upon person apprehended. Power to the Court to release first offender on probation of good conduct. 50 & 51 Vict.c. 25 s. 1. Procedure in case of offender failing to observe conditions of his recognizance. 50 & 51 Vict.c. 25 s.2. Conditions as to abode of offender, etc. Ib.s.3. Preparation of list of person making default on recognizance. 7 Geo. 4 c. 64 s. 31. Issue of writ of execution. Apprehension and detention of person making default where recognizance is unsatisfied. Failure of such person when released to appear at next session of the Court. Proceedings against person fined by the Court. Power to the Court to grant conditional pardon. Effect of pardon. 7 & 8 Geo. 4 c. 28 s. 13. Recording of pardon. Saving of royal Prerogative. Prohibition of proceeding in error. Procedure on trial for treason. See Ordinance No. 7 of 1887. Interpretation of reference to information. Repeal of rules and orders. Section 18. Section 29. Section 82.

A.D. 1899.
Ordinances No. 13 of 1899, with Ordinance No. 29 of 1901 s. 9 incorporated. Short title. Interpretation of terms. Application of the Ordinance. Master of Crown Office. Ordinary and special sessions of the Court in its criminal jurisdiction. Bringing of prisoners before the Court for trial. Bringing of certain classes of prisoners before the Curt for delivery. Assistance to be given by Police. Prisoners entitled to be discharged. Procedure of the Court in matters not provided for. Transmission of documents relating to case. Power to Attorney General to refer back case to be dealt with summarily. Power to Attorney General to refer back case for further inquiry. Further provisions as to referring back of case. No. 3 of 1890. Power to the Court or Judge to bail accused person. Institution of proceedings by Attorney General. Right of Attorney General not to prosecute. Signing and form of indictment. Schedule: Form No. 1. Joinder of courts and proceedings thereon. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. Description of instrument in indictment. 14 & 15 Vict.c. 100 ss. 5,7. Indictment for perjury. Ib.s.20. Indictment for subornation of perjury. Ib.s.21. Charge of previous conviction. General provision as to matters not necessary to be alleged, etc. Power to order further particulars. Filing of indictment. Indorsement of notice of trial. Schedule: Form No. 2. Delivery of copy of indictment for service. Service of copy. Return of service. Form of plea of autrefois convict or acquit. Inspection of property by party or witnesses. Rule or order for attendance of jury. Suing out of subpoena for witness. Payments to be made by private prosecutor for service, etc. Service of subpoena. Return of service. Non-attendance of witness at adjourned trial. Procedure with respect to witnesses where trial is postponed. General mode of trial. See Ordinance No. 7 of 1887. Trial at bar. See Ordinance No. 7 of 1887. Saving of right of Attorney General to file information for misdemeanor. Proceedings on non appearance of prosecutor. Proceedings on non-appearance of accused person. Apprehension of accused person not appearing. Abolition of outlawry. Bringing up of accused person in custody for other cause. 30& 31 Vict.c. 35 s. 10. Arraignment of accused person. Effect of plea of 'Not Guilty.' Procedure where accused person on arraignment does not answer directly. Procedure on indictment containing count charging previous conviction. Objection of substance to indictment. Variances and amendments. 11 & 12 Vict.c. 46 s. 4; 14 & 15 Vict.c. 100 s. 1. Proceedings on making of amendment. Ib.s.2. Ib.s.3. Conviction for wounding on indictment for felonious wounding. 14 & 15 Vict.c. 19 s. 5. Conviction for assault with intent to rob on indictment for robbery. Conviction for burglary on indictment for stealing in dwelling house, etc. Conviction for attempt on indictment for full offence. 14 & 15 Vict.c. 100 s. 9. Conviction for misdemeanor although facts in evidence amount to felony. Ib.s.12. Proof of previous conviction of accused person. 7 & 8 Geo. 4 c. 28 s.11. Proof of previous trial on trial for perjury. 14 & 15 Vict.c. 100 s. 22. Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen. Proof on trial of plea of autrefois convict or acquit. Procedure where person is committed for trial through error. Special provision for saving validity of verdict in case of larceny, etc. Prohibition of staying or reversal of judgment on specified grounds. Cumulative sentences. 7 & 8 Geo. 4c. 28 s. 10. Abolition of attainder. 33 & 34 Vict.c. 23 s.1. Effect on recognizance of postponement of trial. Power to the Court to award costs against person convicted of indictable offence. Ib.s.3. Power to the Court to award com- pensation to person defrauded or injured by commission of indictable offence. 33 & 34 Vict.c. 23 s.4. Procedure where accused. Person appears, on arraignment or during trial, to be insane. Special verdict where accused person found guilty, but insance at time of act or omission charged. 46 & 47 Vict.c. 38 s. 2(1.). Provision for custody of accused person found insane. Ib.s.2(2.) Motion in arrest of execution by pregnant woman sentenced to death. Power to reserve question of law for consideration of the Full Court. Restitution of property in case of conviction. Restitution of stolen property by purchaser thereof. 30 & 31 Vict.c. 35 s.9. Transmission and effect of calendar of sentences after each session. Delivery and effect of certificate of sentences after each day's sitting. Schedule: Form No. 8. Effect of undergoing sentence for felony not punishable with death. 9 Geo. 4 c. 32 s. 3. Filing of original documents. Mode of stating ownership of property of partners, etc. 7 Geo. 4c. 64 s. 14. Mode of stating ownership of church, etc. Mode of stating ownership of public property. Ib. ss. 15, 16. Criminal remedies of married woman against her husband and others in respect of property. 45 & 46 Vict.c. 75 s. 12. Criminal liability of wife to husband. 45 & 46 Vict.c. 75 s. 16. Summary apprehension of offender in certain cases. Seizure of property the proceeds of indictable offence. Seizure of things intended to be use in commission of indictable offence. Enforcement of order of seizure. Report of property found upon person apprehended. Application of money found upon person apprehended. Power to the Court to release first offender on probation of good conduct. 50 & 51 Vict.c. 25 s. 1. Procedure in case of offender failing to observe conditions of his recognizance. 50 & 51 Vict.c. 25 s.2. Conditions as to abode of offender, etc. Ib.s.3. Preparation of list of person making default on recognizance. 7 Geo. 4 c. 64 s. 31. Issue of writ of execution. Apprehension and detention of person making default where recognizance is unsatisfied. Failure of such person when released to appear at next session of the Court. Proceedings against person fined by the Court. Power to the Court to grant conditional pardon. Effect of pardon. 7 & 8 Geo. 4 c. 28 s. 13. Recording of pardon. Saving of royal Prerogative. Prohibition of proceeding in error. Procedure on trial for treason. See Ordinance No. 7 of 1887. Interpretation of reference to information. Repeal of rules and orders. Section 18. Section 29. Section 82.

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