Songkong
THE
Government
GAZETTE.
B
NEW SERIES.
VICTORIA, SATURDAY, 2D JANUARY, 1858.
GOVERNMENT NOTIFICATION.
VOL. III. No. 131.
The Contract for publishing this Gazette, entered into on the 24th September, 1853, was terminated on the 30th ultimo ; and notice is hereby given, that a NEW SERIES of this Gazette will be published hereafter, to commence from the 7th instant, under a New Contract, and that
"THE HONGKONG GOVERNMENT GAZETTE”
will, as before, be the only Official Organ for PROCLAMATIONS, NOTIFICATIONS, and PUBLIC PAPEES, of this Government.
By Order,
Colonial Secretary's Office, Victoria, Hongkong, 2d July, 1855.
GOVERNMENT NOTIFICATION.
W. T. MERCER, Colonial Secretary.
The following Draft Ordinance for Criminal Procedure, read a first time at a Meeting of the Legislative Council held this day, is published for general information.
Council Room, Victoria, Hongkong, 26th December, 1857.
HONGKONG.
J. M. D'ALMADA E CASTRO,
for the Clerk of Councils.
ANNO VIGESIMO PRIMO VICTORIÆ REGINÆ.
No. of 1857.
By His Excellency SIR JOHN BOWRING, Knight, L.L.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary 4 Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative uncil of Hongkong.
An Ordinance for Criminal Procedure.
[
December, 1857.]
Be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the islative Council thereof, as follows:-
I.
All Statements which need not be proved shall be omitted from Informations and Indictments, and Substance of every Charge shall be therein expressed without prolixity.
Unnecessary State- ments forbidden.
Forms of Informa-
11. Every Information or Indictment shall continue to be signed as heretofore, but shall, with such lifications as may be necessary to meet the Facts of each Case, be in the following Form as near as tion; ay be :-
•
The Attorney General charges 4.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.,
Day of
'on the
1857-
And if there be more than One Count, then the Second, and every subsequent Count, if any, shall, with and second Counts. like Modifications, be in the following Form as near as may be :-
And also with Piracy, under the Statute of the 11 & 12 Will. III. c. 25 [or setting Fire to a Dwell-
ing-House, or as the Case may be,] at E. aforesaid [or as the Case may be], on the Day and Year last aforesaid [or as the Case may be.]*
III. It shall not be competent to any Prisoner or Defendant to object by Demurrer to any Informa- Demurrers or Objec
er Indictment, except upon the ground that the same doth not set forth a sufficient Charge in Law; and tions for lack of Form 1 the hearing of every such Demurrer, and also upon any Application to arrest Judgment, the Court shall, not to be allowed. But regarding any mere Imperfection, Omission, Delect, or Lack of Form, determine the very Right or
rin Law, according as the same shall appear unto the said Court, and give Judgment accordingly.
-Save as by this Ordinance is provided, the Rules of Pleading and Practice in Criminal Cases shall to be observed as the same existed at the Time of the passing hereof: And no Ordinance here- Pleading and Practice. ho passed for extending to this Colony any Imperial Enactment relating to Crimes or Offences, shall Provision for further rpreted to repeal or vary any of the Provisions of this Ordinance, unless the intention to repeal or Statutes to this Co- Existing Rules of saine be expressed in such future Ordinance.
GOVERNMENT NOTIFICATION.
extension of Criminal
lony.
The attention of the Governraent having been called to the Evidence given in the case of the Coolie LOONG- , at his Trial in the Supreme Court on the 29th ultimo, for attempting to drown a European, all Registered ple are hereby warned that it is their duty on witnessing Assaults, Robberies, or similar Outrages, to assist, as it may be in their power, the Parties attacked, and not to push off from or neglect to return to the shore, or other way show a culpable indifference as to the result,