450
THE HONGKONG GOVERNMENT GAZETTE, 25TH SEPTEMBER, 1869.
:
Title.
Preamble.
Repealing Clause.
Criminal Sea- :sions,
Information as
HONGKONG
ANNO TRICESIMO TERTIO VICTORIE Reginæ.
SIR RICHARD GRAVES MACDONNELL, Knight, C.B., Governor and Commander-in-Chief.
No. 2 of 1869.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make further Provision in relation to Criminal Law and Procedure.
[24th September, 1869.] THEREAS it is expedient to make further Provision in relation to Criminal Law and Procedure: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Sections III, IV and V of Ordinance No. 3 of 1805 and Section III of Ordinance No. 11 of 1866 are hereby repealed.
II. The ordinary Sessions for the Despatch of the Criminal Business of the Supreme Court shall commence on the Eighteenth Day of every Month (except during Vacation) or if the Eighteenth then on the lawful Day next following. Day be a "dies non Provided always that the Chief Justice may, upon due Notice thereof being given, from Time to Time change the Day so ap- pointed, and may hold at any Time a Special Session in addition Pedient to the ordinary Sessions whenever it may be necessary or so to do.
24
III. For the Purpose of bringing any Criminal Case under the validas Pre- Cognizance of the Supreme Court, an Information signed by the sentment by Attorney General or in certain Cases by the Colonial Secretary as hereinafter provided, shall be as valid and effectual in all Respects as an Indictment presented by a Grand Jury.
Grand Jury,
Colonial Se-
cretary may sign in certain Cases.
Form of
IV. In Case the Attorney General shall at any Time be unable to sign such Information by Reason of Illness or any other sufficient Cause, it shall be lawful for the Governor to direct that the same be signed by the Colonial Secretary."
V. Every Information shall bear Date on the Day when the Information. same is signed, and with such Additions and Modifications as shall be necessary to adapt it to the Circumstances of each Case, may be in the following Form:
Coin and
Bank Notes may be dea-
cribed simply as. Money.
Punishment
IN THE SUPREME COURT OF HONGKONG. Day of "At the General Criminal Session of the Supreme Court holden
.j at Victoria for the Month of
The
18
18
[Or in Case of
Day of
a Special Session] At the Special Criminal Session of the Supreme Court holden at Victoria on the
18 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 the Property of C D at Victoria, in away [
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,
Day of in this Colony on the 18
VI. In every Information in which it shall be necessary to make any Averment as to any Money or any Note of the Bank of England or any other Bank it shall be sufficient to describe such Money or Bank Note simply as Money without specifying any 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.
VII. Whenever any Person shall be convicted of any One of the for certain in- Offences following as an indictable Misdemeanor; that is to say, dictable Misde 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
meanors.
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