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THE HONGKONG GOVERNMENT GAZETTE, 18TH SEPTEMBER, 1869.
a Special Session: At the Special Criminal Session of the Supreme Court holden at Victoria on the
Day of 1869, THE COURT IS INFORMED by the At- torney General [or Colonial Secretary] on behalf of our Lady the QUEEN, that A B did feloniously steal, take, and carry away [
the Property of CD at Victoria, in
Day of
this Colony on the 18
And if there be more than One Count, then the Second and every subsequent Count, if any, may with the like Additions and Modi- fications, be in the following Form:
And also that the said A B feloniously wilfully and of his malice aforethought, did kill and murder one C. D at Victoria, in this Colony on the
Day of
18
VI. In every Information in which it shall be necessary to Coin and make any Averment as to any Money or any Note of the Bank of Bank Notes England or any other Bank it shall be sufficient to describe such may be des- Money or Bank Note simply as Money without specifying any
cribed simply as Money. particular Coin or Bank Note; and such Allegation so far as regards the description of the Property shall be sustained by Proof of any Amount of Coin or of any Bank Note, although the particular Species of Coin of which such Amount was composed, or the par- ticular Nature of the Bank Note, shall not be proved, and in Cases of Embezzlement and obtaining Money or Bank Notes by false Pretences, by Proof that the Offender embezzled or obtained any Piece of Coin or any Bank Note, or any Portion of the Value thereof, although such Piece of Coin or Bank Note may have been delivered to him in Order that some Part of the Value thereof should be returned to the Party delivering the same, or to any other Person and such Part shall have been returned accordingly,
dictable Miade- meanours.
VII. Whenever any Person shall be convicted of any One of the Punishment Offences following as an indictable Misdemeanour; that is to for certain in-
say, any Cheat or Fraud punishable at Common Law; any Conspiracy to cheat or defraud, or to extort Money or Goods, or falsely to accuse of any Crime, or to obstruct, prevent, pervert, or defeat the Course of Public Justice; any Escape or Rescue from lawful Custody on a criminal Charge; any public and indecent Exposure of the Person; any public Selling, or exposing for public Sale or to public View, of any obscene Book, Print, Picture, or other indecent Exhibition, it shall be lawful for the Court to sentence the Offender to be imprisoned for any Term now warranted by Law, and also, in its Discretion, to be kept to Hard Labor during the whole or any Part of such Term of Imprisonment.
VIII. The Chief Justice may in his Discretion reserve for further Crown Cases Consideration any Question of Law which may arise upon the Trial reserved. of any Information and in Case the Person tried shall be convicted, may postpone Judgment until such Question shall have been con- sidered and decided, and in the meanwhile may commit the Person convicted to Prison or take a Recognizance of Bail with One or Two sufficient Sureties and in such Sum as he shall think fit con- ditioned to appear at such Time or Times as he shall direct and to receive Judgment; and upon such further Consideration of the Question so reserved as aforesaid it shall be lawful for the Chief Justice to affirm or quash the Conviction.
Case com- mitted for
IX. Whenever any Person charged before a Magistrate with Power to any Crime or Offence shall be committed for Trial at the Supreme Magistrate Court and the Attorney General shall be of Opinion that further to re-open a Investigation is required before such Trial, or that the Case One which should be determined in a summary Manner by a Trial in Magistrate or by Two Magistrates sitting together under the certain Cases. Provisions of Ordinance No. 1 of 1863, it shall be lawful for the Attorney General to direct that the original Depositions be returned to the committing Magistrate who may thereupon re-open the Case and deal with it in all Respects as if such Person had not been committed for Trial, and if the Case be One which may be tried in a summary Manner by the Magistrate or by Two Magis- trates sitting together, it may, if thought expedient, be determined accordingly.
certain Cases.
X. Whenever any Person who shall have been committed to Bail on Prison by the Coroner charged by the Verdict of the Coroner's Committal by Jury with the Crime of Murder or Manslaughter shall also be Coroner in charged before a Magistrate with the same Crime, it shall be law- ful for the Magistrate, in Case he shall admit such Person to Bail upon such Charge, to order the Superintendent of Victoria Gaol to discharge such Person from Custody under the Coroner's Com- mittal, and such Person shall be discharged accordingly.
XI. The Registrar of the Supreme Court for the Time being Master of the shall ex officio be "Master of the Crown Office" within this Crown Office. Colony.
XII. This Ordinance and Ordinance No. 3 of 1865 shall be Ordinance to construed together and for all requisite Purposes be deemed and be construed taken as One Ordinance and nothing therein contained shall affect with No. 3 of any other Form of Criminal Procedure which may now by Law 1865.
exist in the Colony.
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