776
LEGISLATIVE COUNCIL.
Draft Bill.
No. S. 292.-The following bill, which will be introduced at the meeting of the Legislative Council to be held on the 5th September, is published for general informa- tion:
C.S.O 3936/28.
[No. 16-29.8.29.-4 |
A BILL
Short title.
Accessory before the fact may be indicted, etc., as principal. 24 & 25 Viet. c. 91, s. 1.
Accessory before the fact may be indicted, etc.,! as such or as substantive felon.
24 & 25 Việt. C. 4, 8. 2.
Accessory after the fact may be
INTITULED
An Ordinance to amend the law relating to accessories to and abettors of indictable offences.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Accessories and Abettors Ordinance, 1928.
ACCESSORIES BEFORE THE FACT.
2. Every person who becomes an accessory before the fact to any felony, whether the same is a felony at common law or by virtue of any Act or Ordinance, may he 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 Act or 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 he 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 Act or Ordinance, may be indicted indicted, etc.,
and convicted either as an accessory after the fact to the as such or as substantive principal felony, together with the principal felon, or after felon.
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 pun- ished in like manner as an accessory after the fact to the same felony, if convicted as an accessory, may be punished.
24 & 25
Vict. c. 94, s. 3.
Punishment
of accessory
24 & 25 Vict. e. 94,
5. Every accessory after the fact to any felony (except where it is otherwise specially enacted), whether the same after the fact. is a felony at common law or by virtue of any Act or Ordinance, shall be liable to imprisonment for any term not exceeding two years, and it shall be lawful for the court to require the offender to enter into his own recognizances, with or without sureties, for keeping the peace, in addition to such punishment: Provided that no person shall be imprisoned under this section for not finding sureties for may period exceeding one year.
s. 1.