C. 207)
the court call any other person to give evidence in support of an alibi unless-
(a) the notice under subsection (1) includes the name and address of the witness or, if the name and address is not known to the de- fendant at the time be gives the notice, any information in his possession which might be of material assistance in finding the witness: () if the name or the address is not included in that notice. the court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;
(c) if the name or the address is not included in that notice. but the defendant subsequently discovers the name or address or receives other information which might be of mate- rial assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be: (d) if the defendant is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in bis possession or, on subsequently receiving any such in- formation, forthwith gives notice of it.
(3) The court shall not refuse leave under this section if it appears to the court that the defendant was not informed in accordance with the provisions of section 82 of the Magistrates Ordinance of the requirements of this section.
(4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after ovi- dence is given in support of the alibi.
(5) Any notice purporting to be given under this section on behalf of the defendant by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.
(6) A notice under subsection (1) shall either be given in court during, or at the end of, the committal proceedings or be given in writing to the prosecutor,
(Cap. 149)
7.
and a notice under paragraph (c) or (d) of subsection (2) shall be given in writing to the prosecutor.
(7) A notice required by this section to be given to the prosecutor may be given by delivering it to the Attorney General or by leaving it at the Attorney General's office, or by sending it by registered post addressed to the Attorney General at his office.
(8) In this section-
"evidence in support of an alibi" means evidence tending to show that by reason of the presence of the defendant at a particular place or in a particular arca at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;
"the prescribed period" means the period expiring not less thao ten days prior to the commencement of the trial.
(9) In computing the prescribed period there shall be disregarded any day which is a general holiday under the Holidays Ordinance.".
Part V of the principal Ordinance is repealed and re- placed by the following-
Aiders,
abettors and accessories,
1851, c. 94.
1. &
1952, *. 55. .. 35.
Penalties
offenders.
1967, C. 58.
1. 4.
"PART V.
PARTIES.
89. Any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the like offence.
90. (1) If a person has committed an arrestable for assisting offence, any other person who, knowing or believing him to be guilty of the offence or of some other arrestable offence, does, without lawful authority or reasonable excuse, any act with intent to impede bis apprehension or prosecution shall be guilty of an offence.
(2) If on the trial of an indictment for an arrest- able offence the jury are satisfied that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find
Repeal and replacement of Part V.
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