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286
Title.
Preamble.
THE HONGKONG GOVERNMENT GAZETTE, 10тn JUNE, 1865.
Repeal of Ordi- nances and Parts of Ordinances mentioned in Schedule (A.)
Repeal not to affect Acts, &e., committed
nauce.
HONGKONG.
ANNO VICESIMO OCTAVO VICTORIE REGINÆ.
No. 3 of 1885.
By His Excellency WILLIAM THOMAS MERCER, Esquire, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
W. T. MERCER,
An Ordinance to consolidate the Laws relating to Criminal Procedure.
[2nd June, 1865.]
Whereas the Laws regulating Criminal Procedure in this Colony are numerous and complicated, and it is expedient to consolidate the said Laws: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
1. The several Ordinances and Parts of Ordinances in the Schedule (A) hereto annexed shall continue in Force until and throughout the Thirteenth Day of June in the present Year, and shall from and after that Day be repealed.
2. Provided that every Act duly done and every Warrant and other Instrument here the coming its duly made or granted before this Ordinance comes into Operation shall continue and be Operation of this Ordi- of the same Force and Effect as if the said Ordinances or Parts of Ordinances had not been repealed; and that every Action, Prosecution and other Proceeding which shall have been commenced before this Ordinance comes into Operation or shall thereafter be commenced in respect of any such Matter or Thing may be prosecuted, continued and defended in the same Manner as if the said Ordinances and Parts of Ordinances had not been repealed.
Criminal Sessices.
Method of Proceed- ing.
Form of Informa- tion.
3. The Ordinary Sessions for the Despatch of the Criminal Business of the Supreme Court shall commence on the Eighteenth Day of every Month except October, or if the Eighteenth Day be a dies non on the first lawful Day then next following; Provided always that the said Court may, on due Notice thereof being given, hold an additional Session whenever it may be necessary or expedient so to do.
4. For the Purpose of bringing a Criminal Case under the Cognizance of the Supreme Court an Information shall be signed by the Attorney General, or if the Attorney General shall at any Time be unable to sign the same by reason of his Absence from the Colony or other sufficient Cause, the same shall be signed by some Person nominated and appointed for that Purpose by His Excellency the Governor.
5. Every Information shall bear Date on the Day when the same was signed and shall with such Averments as may be necessary to meet the Facts of each Case be in the following Form;
Particulars may be ordered.
Jainder of Offences
"In the Supreme Court "The
Day of
186
"Hongkong (to wit) The Attorney General charges A.B., with the Murder of C.D., '[or with having robbed, or stolen from the Person of C.D., or with a Burglary "in a Dwelling-house, or as the case may be] at E., on the
Day of
18
And if there be more than One Count, then the Second, and every subsequent Count, if any, shall, with the like Modifications, be in the following Form as near as may be:-
"And also with Piracy in making a Revolt on board of the Vessel F., or as the "case may be, [or setting Fire to a Dwelling-house, or as the case may be,] at E., afore "said [or as the case may be,] on the Day and Year last aforesaid [or as the case may be.] 6. It shall be lawful for the Chief Justice to order further Particulars of any Charge to be delivered when he shall deem it expedient so to do.
7. Parties may be charged with different Felonies and Misdemeanors or with in One Information. different Felonies or Misdemeanors in the same Information where 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, but the Chief Justice or other presiding