612
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What shall be sufficient Evidence of Conviction for a previous Offence.
ORDINANCE No. 10. of 1865.
Coinage Offences,
able; and every Accessory after the Fact to any Felony punishable under this Ordinance shall be liable to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
XXXIV. Where any Person shall have been convicted of any Offence against this Ordinance, or any former Enactment in Force in this Colony relating to the Coin, and shall afterwards be indicted for any Offence against this Ordinance committed subsequent to such Conviction, it shall be sufficient in any such Indictment or Information, after charging such subsequent Offence, to state the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the previous Offence, and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment or Information and Conviction for the previous Offence, purporting to be signed by the Registrar or Deputy Registrar of the Supreme Court, shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the previous Conviction, and the Proceedings upon any Indictment or Information for committing any Offence after a previous Conviction or Convictions shall be as follows: (that is to say) The Offender shall, in the first Instance, be arraigned upon so much only of the Indictment or Information as charges the subsequent Offence, and if he plead Not Guilty, or if the Court order a Plea of Not Guilty to be entered on his Behalf, the Jury shall be charged, in the first Instance, to inquire concerning such subsequent Offence only; and if they find him Guilty, or if on Arraignment he plead Guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the Indictment or Information, and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted, or stand mute of Malice, or will not answer directly to such Question, the Jury shall then be charged to inquire concerning such previous Conviction or Convictions, and in such Case it shall not be necessary to swear the Jury again, but the Oath already taken by them shall for all Purposes be deemed to extend to such last-mentioned Inquiry. Provided that if upon the Trial of any Person for any such subsequent Offence such Person shall give Evidence of his good Character, it shall be lawful for the Attorney General, in answer thereto, to give Evidence of the Conviction of such Person for the previous Offence or Offences, before such Verdict of Guilty shall be returned, and the Jury shall inquire concerning such previous Conviction or Convictions at the same Time that they inquire concerning such subsequent Offence.
Trial.
Fine and Sureties for keeping the Peace, in what Cases.
XXXV. Whenever any Person shall be convicted of any Indictable Misdemeanor punishable under this Ordinance the Court may, if it shall think fit, in addition to or in lieu of any of the Punishments by this Ordinance authorized, fine the Offender, and require him to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace and being of good Behaviour; and in case of any Felony punishable under this Ordinance, the Court may, if it shall think fit, require the Offender to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized. Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year.
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XXXVI. Whenever Imprisonment, with or without Hard Labour, may be awarded for any Indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4. of 1863, Section XV.
XXXVII. Whenever Solitary Confinement may be awarded for any Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year.
Summary Proceedings may be under Ordinance No. 10. of 1844.
XXXVIII. Every Offence hereby made punishable on Summary Conviction may be prosecuted in the Manner directed by Ordinance No. 10. of 1844.
Commencement of Ordinance.
XXXIX. This Ordinance, or such Portion or Portions thereof as to the Governor may seem fit, shall commence and take effect on such Day as shall hereafter be fixed by Proclamation under the Hand of the Governor; and such Portion or Portions of such Ordinance as shall not be included in such Proclamation shall be brought into Operation on a Day to be further fixed by another Proclamation under the Hand of the Governor.
No. 11. of 1865.
An Ordinance to repeal certain Enactments which have been consolidated in several Ordinances relating to Criminal Offences.
[14th June, 1865.]
WHEREAS by virtue of Ordinance No. 6. of 1846, and Ordinance No. 2. of 1846, divers Acts and Parts of Acts of the Imperial Parliament made and passed prior to the Fifth Day of April, One thousand Eight hundred and Forty-three, are in Force in this Colony, notwithstanding the same have been repealed by the Imperial Parliament; and whereas by Six several Ordinances, relating respectively to Offences against the Person, Malicious Injuries to Property, Larceny, Forgery, Coining, and Accessories and Abettors, a large Portion of the Matter contained in the said Acts and Parts of Acts, as also in several local Enactments, has been consolidated and amended; and it is therefore expedient to limit the Operation of the Ordinances firstly herein-before mentioned, so as to exclude therefrom the Acts and Parts of Acts so repealed, and to repeal the said local Enactments to the Extent specified in the Schedule hereto annexed: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
I. Section 4 of Ordinance No. 6. of 1845, and Section 3 of Ordinance No. 2. of 1846, shall, after the coming into Operation of this Ordinance, be read and construed as if the Acts and Parts of Acts repealed by the Imperial Parliament had not been mentioned therein.