THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.
conviction or of a felony or misdemeanor, as the case may be, without further describing the offence.
necessary to
26. No indictment shall be held insufficient for want of General the averment of any matter unnecessary to be proved, or provision as to for that any person mentioned in the indictment is desig- matters not uated by a name of office or other descriptive appellation in- be alleged, etc. stead of his proper name, or forg to state the time xo. 5 of 1972, at which the offence was mitted in any case where time 5.2. is not of the essence of the offence, or for stating the time imperfectly, or for stating the offence to have been com- mitted 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 of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
27. It shall be lawful for the Judge to order further Power to order particulars of any charge to be delivered, in any case in further which he deems it expedient to do so.
Filing and Service of Indictment.
particulars. No. 3 of 1865, 8. 6.
Filing of
28. Every indictment, when so sigued as aforesaid, shall be brought to the Office of the Registrar and shall be filed indictment. by him in the Court.
No. 3 of 1865, 8.9.
29.-(1.) The Registrar shall endorse on or annex to Endorsement every indictment and every copy thereof delivered for service of notice of a notice of trial, and such notice shall specify the particular trial. session at which the accused person will be brought to trial 6.10. on the indictment and the date of the commencement thereof.
No. 3 of 1965,
(2.) The notice may be in the form contained in the First First Schedule to this Ordinance or as near thereto as circum- Schedule: stauces will admit.
Form No. 2.
No. 3 of 1865,
30. The Registrar shall deliver or cause to be delivered Delivery of to the Bailiff a copy of the indictment, with the notice of copy for trial endorsed on the same or annexed thereto; and, if there service, are more accused persons than one, then as many copies as 6.11. there are persons.
31.-1.) The Bailiff shall, as soon as may be after hav- Service of ing received any copy of the indictment and notice of trial, copy. 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 the said copy and notice with some one of his household for him at his dwelling-house, or with some one of his clerks for him at his counting house or place of business, and, if none such can be found, shall affix the said copy and notice to the outer or principal door of his dwelling-house.
(3.) The Bailiff shall, at the time of service, explain to the accused person, or to the person, if any, with whom the said copy and notice ure left, the nature and exigency thereof.
No. 3 of 1865, s. 12.
32. The Bailiff shall forthwith transmit to the Registrar Return of a return in writing, signed by him, of the time and mode of serviec. service of the said copy and notice.
Plea.
No. 3 of 1863, N. 14.
33. ln any plea of autrefois convict or autrefois acquit Form of plea it shall be sufficient for the accused person to state that he of autrefois has been lawfully convicted or acquitted, as the case may convict or bc, of the offence charged in the indictment.
acquit.
Inspection of Property, etc.
No. 3 of 1865, 5. 22.
witnesses.
34. Either party shall be at liberty to apply to the Court Inspection of or a Judge for a rule or order for the inspection, by himself property by or by his witnesses, of any real or personal property, the party or inspection of which may be material to the proper determi- No. 3 of 1865, nation of the issue; and it shall be lawful for the Court 8.31. or Judge, if it or he thinks fit, to make such rule or order, upon such terms as to costs and otherwise as the Court or Judge may direct.
Rule or order for attendance
35. It shall be lawful for the Court or a Judge to make such rules or orders as may be necessary to procure the attendance of a special of common jury for the trial of any case depending in the Court, at such time and place and in 6.32. such manner as the Court or Judge may think fit.
Witnesses.
of jury. No. 3 of 1865,
36.-(1.) The subpæna, or process of the Court for pro- Suing out of curing the attendance of any person to give evidence in subpæna for any case who has not been bound by recognizance to ap- witness. pear before the Court to give evidence in such case, or 17.
No. 3 of 1865,
1083