430.
Effect of
No. 9.]
THE ORDINANCES OF HONGKONG : (A.D. 189
51. The accused person, on being arraigned, by pleading general plea of "Not Guilty," shall, by such plea, without further form be deemed to have put himself upon the country for trial.
Procedure
52. If an accused person, on being arraigned, stands mute or will not answer directly to the indictment, the Court shall, where accused person on arraignment does not answer directly, order the Registrar to enter a plea of "Not Guilty" on behalf of such accused person; and the plea so entered shall have the same force and effect as if such accused person had actually pleaded the same.
Procedure on indictment containing count charging previous conviction.
Objection of substance to indictment.
Variances and amendments.
53. Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment, nor shall such count be mentioned to the jury when he is given in charge to them or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts; but, if he is convicted on any other part of the indictment, he shall be asked whether he has been previously convicted as alleged or not; and if he says that he has not, or does not say that he has, been so convicted, the jury shall be charged to inquire into the matter as in other cases.
54.—(1.) After the commencement of this Ordinance, no objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance an indictable offence or states an offence not triable by the Court, the accused person may move the Court to quash it or in arrest of judgment.
(2.) If such motion is made before the accused person pleads, the Court shall either quash the indictment or amend it, if it thinks that it ought to be amended.
(3.) If the defect in the indictment appears to the Court during the trial, and the Court does not think fit to amend the indictment, it may, in its discretion, either quash the indictment or leave the objection to be taken in arrest of judgment.
(4.) If the indictment is quashed, the Court may, if it thinks fit, direct the accused person to be detained in custody until the termination of the session or to be released on bail, and may order him to plead to another indictment when called on at the same session of the Court.
Amendment.
55.—(1.) If, on the trial of any indictment, there appears to be a variance between the proof and the charge in the indictment or in a count in it, either as preferred or as amended, the Court may amend...