268 ORDINANCE No. 4 OF 1852.
Criminal Procedure.
No. 4 of 1852.
Title. An Ordinance to Facilitate the Administration of Criminal Justice .
(Extended by
Ordinance No. 6
of 1856.) [ 29th June, 1852. ]
Preamble. HEREAS it is expedient that informations be abbreviated and certain techni
WH calities abolished and other alterations made in the administration of criminal
justice in this Colony :
Means by which 1. Be it therefore enacted and ordained by His Excellency the Acting Governor
injury was
inflicted need
not be specified of Hongkong, with the advice of the Legislative Council thereof, that henceforward it
in indictment.
shall be sufficient in every information for murder, to charge that the defendant did
feloniously, wilfully, and of his malice aforethought kill and murder the deceased ; in
every information for manslaughter, to charge that the defendant did feloniously kill
the deceased ; in every information for piracy at common law, to charge that the
defendant did on the high seas feloniously and piratically rob the party injured ; and
in every information for piracy by statute, to charge that the defendant while in the
act of committing piracy did feloniously assault with intent to murder or cut or
wound or endanger the life as the case may be of any person in such information
named .
Form of 2. That in any information for forging, uttering, stealing, embezzling, destroying
indictment in
cases of forgery, or concealing, or for obtaining by false pretences any instrument, or for engraving or
&c. as to
instrument.
making the whole or any part of any matter or thing , or for using or having the un
lawful possession of any plate upon which the whole or any part of any instrument,
matter, or thing whatsoever shall have been engraved or made, or for having the un
lawful possession of any paper upon which the whole or any part of any thing what
soever shall have been made or printed, and in all other cases wherever it shall be
necessary to make any averment in any information as to any instrument wholly or in
part in writing, prints, or figures, it shall be sufficient to describe such instrument by
any name by which the same is usually known, or by the purport thereof, without set
ting out any copy or fac simile thereof, or otherwise describing the same or the value
thereof.
Form of
indictment in 3. That it shall be sufficient in every information for forging, uttering, offering,
cases offorgery,
&c. as to intent. disposing of, or putting off, any instrument whatsoever, or for obtaining or attempt
ing to obtain any property by false pretences, to allege that the defendant did the
act with intent to defraud, without alleging the intent as to any particular person ;
and on the trial of any of the offences in this section mentioned , it shall be sufficient
to prove that the defendant did the act charged with an intent to defraud.
Party indiceted 4. That if on the trial of any person charged with any felony or misdemeanour,
for felony or
misdemeanour
may be found the jury shall be of opinion that the defendant did not complete the offence charged,
guiltyofattempt,
and shall not be but only attempted the same, the defendant shall not be acquitted, but the jury shall
prosecuted
afterwards for return a verdict of not guilty of the felony or misdemeanour charged , but guilty of an
attempt.
attempt to commit the same, and thereupon the defendant shall be punished as if con-