CRIMINAL PROCEDURE ORDINANCE
Title
CRIMINAL PROCEDURE ORDINANCE
Description
Criminal Procedure.
No. 6 of 1856.
An Ordinaye to extend the Criminal Procedure Ordinance, No. 4 of
1852.
[17th March, 1856.]
WHEREAS it is expedient to extend the operation of Ordinance No. 4 of 1852:
Be it enacted and ordained by His Excellency the Governor of Hongkong,
with the advice of the Legislative Council thereof, in manner following:-
ntwrevtattan or 1.6 In every information for robbery it shall be
sufficient to charge that the
forms. defendant did feloniously rob tile party injured; and in every
information for an
ORDI.NkNGE ..No. G u 18.56.
Criminal Procedure.
:assault with intent to rob, to charge that the defendant did feloniously
make an assault
with intent to rob the party injured; and in every information for
demanding property
with menaces or by force with intent to steal the same, to charge that
the defendant
did feloniously attempt with menaces or by force or with menaces and
force (as the
case may be) to rob the party injured.
2. In all informations for burglary, stealing in a dwelling house, or
breaking and
-entering and stealing in a shop, warehouse, or counting house; or a
building within tile
curtilage of a dwelling house, it shall be sufficient to describe the
place wherein the
offence is charged to have been committed as a dwelling house, shop,
warehouse,
-counting house, or building within a curtilage (as the case may be),
without specifying
the occupant or owner thereof.
3. If upon any trial for either of the said offences enumerated, in the
section next
immediately preceding, the facts proved in evidence shall authorise a
conviction for
some other or others of the said offences and not the offence wherewith
the defendant
is charged, the jury shall return against him a verdict of guilty of the
said other offence
-or offences, and thereupon be shall be punished as if be had been
convicted on an
information charging him with such offence or offences; and he shall not
be afterwards
prosecuted for the offence whereof be is so found guilty.
4. Aiders and abettors may be charged in any information for felony as
principals
in the first degree, even where the punishment of such alders or abettors
as appointed
by law is different from the punishment thereby appointed for principals;
but no aider
.or abettor shall, merely by reason of being convicted upon any such
charge, be subject
to any greater or other punishment than is or shall be by law appointed.
5. In any information for felony or inisdelneanor, persons charged as
principals
shall, if the facts given in evidence at their trial amount to proof that
they were
.accessories before or after the fact to such felony or misdemeanor, but
not principals
therein, be convicted as accessories accordingly, and shall thereupon be
punished as if
convicted on an information charging them with being such accessories,
and shall not
be subject to any greater or other punishment in that behalf; and they
shall not be
.afterwards prosecuted in respect thereof.
g, Defendants may be charged with different felonies and misdemeanors,
or with
different felonies or misdemeanors in the same information wbere the
person thereby
injured is one and the same person, or where the several offences so
charged constitute
or relate to one and the same transaction.
7. In an information for a felony or misdemeanor committed on the high
seas or Jurisdiction over
in foreign parts, the allegation that the party injured was at the time
of the offence % eh seas, RCS;
how alleged.
charged in the peace of the Queen shall be a sufficient allegation of the
jurisdiction of
the Court to hear and determine it.
8. A written statement purporting to have been made upon oath by a person
Prisoners Mate..
meats on oath.
under examination upon a criminal charge may be received in evidence
against such
person, if proof be given that it was in fact made by him not upon .oath.
The term dwell-
htg house, &e.,
shall be a snHi
dent description
3n cases of
burglary, &0.
Persons charged
with bnrhlanyt
Rc., may be.
convicted of
house-brenlang,
&c.
Alders and
abettors may be
Charged its
principals.
Persons charged
as prlncipalsnntv
be convicted as
accessories.
Joinder of
offences in one
information.
Criminal Procedure.
Ordinance No. 6 of 1856.
9. No promise or threat shall operate to exclude a defendant's confession from
rule excluding
confessions being received in evidence against such defendant upon his
trial for felon . MI.
under 3ndncc- n y
''o't misdemeanor, unless such promise or threat shall have been made or
held out to suelt~
defendant by one having some authority over him in connection with or in
relation to?
the prosecution o£ such offence.
Ftension of the 10. The Act of Parliament passed in the thirteenth and
fourteenth, years of Her-
U& 14 Viet. c. .
Anto o tiri`-'t°ny Majesty, chapter twenty-one, for shortening the
lannuage used in Acts of Parliament,:
iR~ i~%t~-elio is hereby for all purposes extended to this Colony; and the
rules of construction by the:
'''''1' said Act provided shall extend and apply to all kets of
Parliament, and Ordinances, of.
the Legislative Council of this Colony, now in force or hereafter to come in fore
within the same.
[Repealed by Ordinance No. 3 of 1865.]
336
Title.
Preamble.
Abbreviation of forms.
The term dwelling house, &c. shall be a sufficient description in cases of burglary, &c.
Perosns charged with burglary, &c., may be convicted of house-breaking, &c.
Aiders and abettors may be charged as principals.
Persons charged as principals may be convicted as accessories.
Joinder of offences in one information.
Jurisdiction over offences on the high seas, &c. how alleged.
Prisoners' statements on oath.
338
Limitation of the rule excluding confessions under inducement.
Extension of the 13 & 14 Vict. c. 21. to this Colony and to Ordinances of the Legislative Council.
No. 6 of 1856.
An Ordinaye to extend the Criminal Procedure Ordinance, No. 4 of
1852.
[17th March, 1856.]
WHEREAS it is expedient to extend the operation of Ordinance No. 4 of 1852:
Be it enacted and ordained by His Excellency the Governor of Hongkong,
with the advice of the Legislative Council thereof, in manner following:-
ntwrevtattan or 1.6 In every information for robbery it shall be
sufficient to charge that the
forms. defendant did feloniously rob tile party injured; and in every
information for an
ORDI.NkNGE ..No. G u 18.56.
Criminal Procedure.
:assault with intent to rob, to charge that the defendant did feloniously
make an assault
with intent to rob the party injured; and in every information for
demanding property
with menaces or by force with intent to steal the same, to charge that
the defendant
did feloniously attempt with menaces or by force or with menaces and
force (as the
case may be) to rob the party injured.
2. In all informations for burglary, stealing in a dwelling house, or
breaking and
-entering and stealing in a shop, warehouse, or counting house; or a
building within tile
curtilage of a dwelling house, it shall be sufficient to describe the
place wherein the
offence is charged to have been committed as a dwelling house, shop,
warehouse,
-counting house, or building within a curtilage (as the case may be),
without specifying
the occupant or owner thereof.
3. If upon any trial for either of the said offences enumerated, in the
section next
immediately preceding, the facts proved in evidence shall authorise a
conviction for
some other or others of the said offences and not the offence wherewith
the defendant
is charged, the jury shall return against him a verdict of guilty of the
said other offence
-or offences, and thereupon be shall be punished as if be had been
convicted on an
information charging him with such offence or offences; and he shall not
be afterwards
prosecuted for the offence whereof be is so found guilty.
4. Aiders and abettors may be charged in any information for felony as
principals
in the first degree, even where the punishment of such alders or abettors
as appointed
by law is different from the punishment thereby appointed for principals;
but no aider
.or abettor shall, merely by reason of being convicted upon any such
charge, be subject
to any greater or other punishment than is or shall be by law appointed.
5. In any information for felony or inisdelneanor, persons charged as
principals
shall, if the facts given in evidence at their trial amount to proof that
they were
.accessories before or after the fact to such felony or misdemeanor, but
not principals
therein, be convicted as accessories accordingly, and shall thereupon be
punished as if
convicted on an information charging them with being such accessories,
and shall not
be subject to any greater or other punishment in that behalf; and they
shall not be
.afterwards prosecuted in respect thereof.
g, Defendants may be charged with different felonies and misdemeanors,
or with
different felonies or misdemeanors in the same information wbere the
person thereby
injured is one and the same person, or where the several offences so
charged constitute
or relate to one and the same transaction.
7. In an information for a felony or misdemeanor committed on the high
seas or Jurisdiction over
in foreign parts, the allegation that the party injured was at the time
of the offence % eh seas, RCS;
how alleged.
charged in the peace of the Queen shall be a sufficient allegation of the
jurisdiction of
the Court to hear and determine it.
8. A written statement purporting to have been made upon oath by a person
Prisoners Mate..
meats on oath.
under examination upon a criminal charge may be received in evidence
against such
person, if proof be given that it was in fact made by him not upon .oath.
The term dwell-
htg house, &e.,
shall be a snHi
dent description
3n cases of
burglary, &0.
Persons charged
with bnrhlanyt
Rc., may be.
convicted of
house-brenlang,
&c.
Alders and
abettors may be
Charged its
principals.
Persons charged
as prlncipalsnntv
be convicted as
accessories.
Joinder of
offences in one
information.
Criminal Procedure.
Ordinance No. 6 of 1856.
9. No promise or threat shall operate to exclude a defendant's confession from
rule excluding
confessions being received in evidence against such defendant upon his
trial for felon . MI.
under 3ndncc- n y
''o't misdemeanor, unless such promise or threat shall have been made or
held out to suelt~
defendant by one having some authority over him in connection with or in
relation to?
the prosecution o£ such offence.
Ftension of the 10. The Act of Parliament passed in the thirteenth and
fourteenth, years of Her-
U& 14 Viet. c. .
Anto o tiri`-'t°ny Majesty, chapter twenty-one, for shortening the
lannuage used in Acts of Parliament,:
iR~ i~%t~-elio is hereby for all purposes extended to this Colony; and the
rules of construction by the:
'''''1' said Act provided shall extend and apply to all kets of
Parliament, and Ordinances, of.
the Legislative Council of this Colony, now in force or hereafter to come in fore
within the same.
[Repealed by Ordinance No. 3 of 1865.]
336
Title.
Preamble.
Abbreviation of forms.
The term dwelling house, &c. shall be a sufficient description in cases of burglary, &c.
Perosns charged with burglary, &c., may be convicted of house-breaking, &c.
Aiders and abettors may be charged as principals.
Persons charged as principals may be convicted as accessories.
Joinder of offences in one information.
Jurisdiction over offences on the high seas, &c. how alleged.
Prisoners' statements on oath.
338
Limitation of the rule excluding confessions under inducement.
Extension of the 13 & 14 Vict. c. 21. to this Colony and to Ordinances of the Legislative Council.
Abstract
336
Title.
Preamble.
Abbreviation of forms.
The term dwelling house, &c. shall be a sufficient description in cases of burglary, &c.
Perosns charged with burglary, &c., may be convicted of house-breaking, &c.
Aiders and abettors may be charged as principals.
Persons charged as principals may be convicted as accessories.
Joinder of offences in one information.
Jurisdiction over offences on the high seas, &c. how alleged.
Prisoners' statements on oath.
338
Limitation of the rule excluding confessions under inducement.
Extension of the 13 & 14 Vict. c. 21. to this Colony and to Ordinances of the Legislative Council.
Title.
Preamble.
Abbreviation of forms.
The term dwelling house, &c. shall be a sufficient description in cases of burglary, &c.
Perosns charged with burglary, &c., may be convicted of house-breaking, &c.
Aiders and abettors may be charged as principals.
Persons charged as principals may be convicted as accessories.
Joinder of offences in one information.
Jurisdiction over offences on the high seas, &c. how alleged.
Prisoners' statements on oath.
338
Limitation of the rule excluding confessions under inducement.
Extension of the 13 & 14 Vict. c. 21. to this Colony and to Ordinances of the Legislative Council.
Identifier
https://oelawhk.lib.hku.hk/items/show/97
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 6 of 1856
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CRIMINAL PROCEDURE ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 15, 2025, https://oelawhk.lib.hku.hk/items/show/97.
