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convict or acquit.
Procedure where person is committed for trial through error.
No. 9. THE ORDINANCES OF HONGKONG (AD
on the former trial, together with the Judge's notes, if available, and depositions transmitted to the Attorney General on the subsequent trial shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on Summary Conviction.
66.--(1.) If, either before or during the trial of an accused person it appears to the Court that such person has been guilty of an offence punishable on summary conviction, the Court may either order the case to be remitted to a Magistrate with such directions as it thinks proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a Magistrate and as the Court may deem proper.
(2.) It shall be the duty of the Magistrate to whom any such directions are addressed to obey the same.
Special provision for saving validity of verdict in cases of larceny, etc.
Prohibition of staying or reversal of judgment on specified grounds.
Cumulative sentences.
Verdict and Judgment.
67.(1.) No verdict of any jury against any person, and no sentence of the Court on any person, who is found guilty of larceny, embezzlement, fraudulent application or disposition of anything, or obtaining anything by false pretences shall be set aside or reversed, if on the trial there was evidence to prove that such person committed any one of such offences.
(2.) The punishment awarded against such person shall not exceed the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, and the person so convicted shall be liable to be afterwards prosecuted for such offence on the same facts.
68. No judgment shall be stayed or reversed-
(1.) on the ground of any objection which, if stated before the jury were empanelled or during the progress of the trial, might have been amended by the Court; or
(2.) because of any error committed in summoning or swearing the jury or any of them; or
(3.) because any person who has served on the jury has not been returned by the Registrar; or
(4.) because of any objection which might have been stated as a ground of challenge of any of the jurors; or
(5.) because of any informality in swearing the witnesses or any of them.
69. Where the Court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing 7 & 8 Geo. 4 c. 28 s. 10.
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