6
Joinder of offences in one information.
Jurisdiction
over
The Wongkong Government Gazette.
upon be punished as if convicted on an Information charging them with being such Accessories, and shall not be subject to any greater or other punishment in that beholf; and they shall not be afterwards prosecuted in respect thereof.
VI. Defendants may be charged with different Felonies and Misdemeanors, or with 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.
VII. In an Information for a Felony or Misdemeanor committed on the High Seas or in Foreign parts, offences on the high the allegation that the party injured was at the time of the offence charged in the peace of the Queen shall seas, &c., how alleged. be a sufficient allegation of the jurisdiction of the Court to hear and determine it.
I'risoners' state- ments ou oath.
VIII. A Written Statement purporting to have been made upon Oath by a person under examination upon a Criminal Charge may be received in evidence against such person, if proof be given that it was in fact made by him not upon oath. Limitation of the IX. No Promise or Threat shall operate to exclude a defendant's Confession from being received in rule excluding con- evidence against such defendant upon his trial for Felony or Misdemeanor, unless such promise or threat shall have been made or held out to such defendant by one having some authority over him in connection Extension of the 13 with or relation to the prosecution of such offence.
fessions under induce-
ment.
& 14 Vict. c. 21, to this X. The Act of Parliament passed in the Thirteenth and Fourteenth Years of Her Majesty, Chapter Colony and to Ordin- Twenty One, for shortening the language used in Acts of Parliament, is hereby for all purposes extended to ances of the Legisla- this Colony; and the rules of construction by the said Act provided shall extend and apply to all Acts of Parliament, and Ordinances of the Legislative Council of this Colony, now in force or hereafter to come in force within the same.
tive Council.
Title.
Preamble.
Acts of Parliament
Passed the Legislative Council of Hongkong,
this 17th Day of March, 1856.
L. D'ALMADA E Castro,
Clerk of Councils.
HONGKONG.
JOHN BOWRING.
ANNO DECIMO NONO VICTORIÆ REGINÆ.
No. 7 of 1856,
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the advice of the Legislative Council of Hongkong.
An Ordinance to extend to this Colony certain Enactments and General Orders for reforming Procedure in the High Court of Chancery and the Offices thereof.
Whereas it is desirable that sundry important Reforms in the Administration of Equity Proceedings be
[17th March, 1856.] adopted in this Colony: Be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Subject to the Provisions hereinafter contained, the several Enactments of the Imperial Parliament and Orders in Chan-specified in Schedule A to this Ordinance annexed, and also the several Orders of the High Court of cery extended to Hong. Chancery of Great Britain specified in Schedule B to this Ordinance also annexed, shall (to the extent in the said two Schedules respectively defined, but not otherwise) extend to and come into force and effect within this Colony from the time of the passing of this present Ordinance.
kong.
To be construed with II. This Ordinance and the Ordinance No. 5 of 1856, entitled "An Ordinance for the Amendment the Ordinance No. 6 of of Procedure in Civil and Criminal Cases,” shall be so read and construed together as shall best conduce to the particular effect of each Ordinance and of the Provisions thereby respectively extended to this Colony.
1856.
The Seal of the
III. For the purposes of this Ordinance, the words "Great Seal" in the said Enactments and Orders, Court, its Judges, and respectively so extended to this Colony, shall be interpreted to include the Seal of the Supreme Court of its Officers, to be with- this Colony, and all the Provisions thereof which respect the Lord Chancellor, or the Court of Chancery, or in the meaning of the any Superior Court of Equity, or any Judge in England, shall be interpreted to include the said Supreme extended Provisions. Court in Equity and the Judges thereof, and every Officer (howsoever designated) of the said Supreme
Court, or Judge thereof having or exercising functions of the like kind or analagous to the functions of any Officers (howsoever designated) of the said Lord Chancellor, Court of Chancery, Superior Courts of Equity, or Judges in England, shall be deemed to be within the meaning of any of the Provisions of such Enact-
Rules for the Interments or Orders respecting such last mentioned Officers.
pretation of the exten-
IV. In the interpretation of the Enactments and Orders hereby extended to this Colony, the following
ded Enactments and Rules shall be observed within the same. Orders.
1. Enactments and Orders are of equal authority.
2. Subsequent En- actments or Orders to abrogate preceding, ones, in case of appa- rent repugnance.
3. Except in the case of Enactments, &c., relating to Mas- ters in Ordinary or Lunacy.
4. Provisions respect- ing printed or stamped proceedings to apply to written pud unstam- ped proceedings.
Supreme Court to make Rules &c.
1. The authority and force of an Order are equal to the authority and force of an Enactment.
2. Except in the cases specified in Division 3 of this Section, every Enactment or Order which shall appear to be wholly or partially repugnant to or inconsistent with some previous Enactment or Order, shall be deemed to have abrogated the same pro tanto.
3. Every Enactment or Order for regulating the performance of the Powers or Duties of a Master in Ordinary or of a Master in Lunacy passed or promulgated subsequently to the passing of the Act of Parliament of the Fifteenth and Sixteenth years of the present Queen, chapter Eighty, and the promulgation of the General Orders for giving effect to the same, shall be so construed as to enable à Judge in Court or in Chambers to exercise and perform the said Powers and Duties within this Colony as nearly as circumstances will permit in the stead of any such Masters respectively.
4. All Provisions contained in any Enactment or Order respecting the Printing of Bills and Claims, or Portions of Bills and Claims, or respecting the Stamping or Affixing of Stamps on Vellum, Parchment, or Paper to be used in Proceedings in Chancery, are abrogated, and all Provisions con- tained in any Enactment or Order respecting the filing Copying Service, or effect of any printed or partially printed Bill or Claim, or any proceedings, Written, Printed, or Engrossed on Stamped Vellum, Parchment, or Paper, shall be respectively interpreted to apply to Bills or Claims in Writing. or to Proceedings Written on Unstamped Vellum, Parchment, or Paper, as the case may be. V. The Supreme Court is authorised to make and issue such Rules or Orders for giving effect to this Ordinance as may be found meet.
Passed the Legislative Council of Hongkong,
this 17th Day of March, 1856.
L. D'ALMADA E Castro, Clerk of Councils,
JOHN BOWRING.
C