ACCESSORIES AND ABETTORS ORDINANCE, 1865
Title
ACCESSORIES AND ABETTORS ORDINANCE, 1865
Description
No. 3 of 1865.
To consolodate and amend the Laws relating to Accessories to and
Abettors of Indictable Offences. [14th June,1865.]
1.The Accessories and Abettors Ordinance,1865.
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,may be indicted,tried,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,shall be guilty of
felony,and may be indicted and convicted either as an accessory
before the fact to the principal felony,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 prin-
cipal 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 felony,
if convicted as an accessory,may be punished.
Accessories after the fact.
4.Every person who becomes an accessory after the fact to
any felony,whether the same is a felony at common law or by
virtue of any Ordinance,may be indicted and convicted either as
an accessory after the fact to the principal felony,together with
the principal felon,or after the conviction of the principal felon,
or may be indicted and convicted of a substantive felon,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 or by virtue of any Ordinance,shall be liable to
imprisonment for any term not exceeding 2 years,and it shall be
lawful for the Court to require the offender to enter into his own
recognizances and to find sureties,both or either,for keeping the
peace,in addition to such punishment:Provided that no person
shall be imprisoned under this section for not finding sureties for
any period exceeding one year.
Accessories generally.
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 such principal
felon had been attained thereof,notwithstanding such principal
felon may die,or be pardoned,or otherwise delivered before
attained;and every such accessory shall,on conviction,suffer
the same punishment as he would have suffered if the principal
had been attained.
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.notwithstanding the prin-
cipal felon is not included in the same indictment or is not in
custody or amenable to justice.
8.Every person who aids,abets,counsels,or procures the
commission of any misdemeanor,whether the same is a mis-
demeanor at common law or by virtue of any Ordinance,shall be
liable to be indicted,tried and punished as a principal offender.
Short title. [24 & 25 Vict.c.94.]
Accessory before the fact may be indicted, etc., as principal. [ib.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. [24 & 25 Vict. C. 94 s. 3.] Punishment of accessory after the fact. [ib.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. [24 & 25 Vict. C. 94 s. 8.]
To consolodate and amend the Laws relating to Accessories to and
Abettors of Indictable Offences. [14th June,1865.]
1.The Accessories and Abettors Ordinance,1865.
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,may be indicted,tried,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,shall be guilty of
felony,and may be indicted and convicted either as an accessory
before the fact to the principal felony,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 prin-
cipal 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 felony,
if convicted as an accessory,may be punished.
Accessories after the fact.
4.Every person who becomes an accessory after the fact to
any felony,whether the same is a felony at common law or by
virtue of any Ordinance,may be indicted and convicted either as
an accessory after the fact to the principal felony,together with
the principal felon,or after the conviction of the principal felon,
or may be indicted and convicted of a substantive felon,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 or by virtue of any Ordinance,shall be liable to
imprisonment for any term not exceeding 2 years,and it shall be
lawful for the Court to require the offender to enter into his own
recognizances and to find sureties,both or either,for keeping the
peace,in addition to such punishment:Provided that no person
shall be imprisoned under this section for not finding sureties for
any period exceeding one year.
Accessories generally.
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 such principal
felon had been attained thereof,notwithstanding such principal
felon may die,or be pardoned,or otherwise delivered before
attained;and every such accessory shall,on conviction,suffer
the same punishment as he would have suffered if the principal
had been attained.
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.notwithstanding the prin-
cipal felon is not included in the same indictment or is not in
custody or amenable to justice.
8.Every person who aids,abets,counsels,or procures the
commission of any misdemeanor,whether the same is a mis-
demeanor at common law or by virtue of any Ordinance,shall be
liable to be indicted,tried and punished as a principal offender.
Short title. [24 & 25 Vict.c.94.]
Accessory before the fact may be indicted, etc., as principal. [ib.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. [24 & 25 Vict. C. 94 s. 3.] Punishment of accessory after the fact. [ib.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. [24 & 25 Vict. C. 94 s. 8.]
Abstract
Short title. [24 & 25 Vict.c.94.]
Accessory before the fact may be indicted, etc., as principal. [ib.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. [24 & 25 Vict. C. 94 s. 3.] Punishment of accessory after the fact. [ib.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. [24 & 25 Vict. C. 94 s. 8.]
Accessory before the fact may be indicted, etc., as principal. [ib.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. [24 & 25 Vict. C. 94 s. 3.] Punishment of accessory after the fact. [ib.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. [24 & 25 Vict. C. 94 s. 8.]
Identifier
https://oelawhk.lib.hku.hk/items/show/775
Edition
1912
Volume
v1
Subsequent Cap No.
221
Cap / Ordinance No.
No. 3 of 1865
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ACCESSORIES AND ABETTORS ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/775.