424

Description of instrument in indictment, 14 & 15 Vict. c. 100 ss. 5,7.

Indictment for perjury, Ib. s. 20.

Indictment for subornation of perjury. Ib. s. 21.

No. 9.] THE ORDINANCES OF HONGKONG : [A.D. 189?

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 person delivering the same, or to any other person, and such part has been returned accordingly.

22.-(1.) In any indictment for stealing, embezzling, destroying, concealing, or for obtaining by false pretences, any instrument, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof, or otherwise describing the same or the value thereof.

(2.) In all other cases where it is necessary to make an averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.

23. In any indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly, taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence with which the accused person is charged and by what court or before whom the oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing was taken, made, signed, or subscribed without setting forth the petition, answer, information, indictment, declaration, or any part of any proceeding, and without setting forth the commission or authority of the court or person before whom such offence was committed.

24. In any indictment for subornation of perjury, or for corrupt bargaining or contracting with any person to commit wilful and corrupt perjury, or for inciting, causing, or procuring any person unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly to take, make, sign, or subscribe any oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing, it shall be sufficient, wherever such perjury or other offence aforesaid has been actually committed, to allege the offence of the person who actually committed such perjury or other offence in the manner hereinbefore mentioned, and then to allege that the accused person unlawfully, wilfully, and corruptly did cause and procure the said person to commit the said offence, in manner and form aforesaid; and wherever such perjury or

Share This Page