CO129-040 - General Jervois - 1852 [3-12] — Page 213

HONGKONG.

ANNO DECIMO SEXTO VICTORIE REGINE.

No. 4 of 1852.

BY His Excellency WILLIAM JERVOIS, Knight of the Royal Hanoverian Guelphic Order, Major General Commanding Her Ma- jesty's Forces in China, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of the Legislative Council of Hongkong. AN ORDINANCE TO FACILITATE THE ADMINISTRATION OF CRIMINAL JUSTICE.

Title.

[29th June, 1852.] WHEREAS it is expedient that Informations be abbreviated and certain Technicalities abolished and other Alterations made in the Administration of Criminal Justice in this Colony:

Preamble.

I. Be it therefore enacted and ordained by His Excellency the Means by which Acting Governor of Hongkong, with the advice of the Legislative ficted need not Injury was in- Council thereof, That henceforward it shall be sufficient in every Infor- be specified in mation for Murder, to charge that the Defendant did feloniously, wilfully, Indictment, and of his Malice aforethought kill and murder the deceased; in every Information for Manslaughter, to charge that the Defendant did felo- niously kill the deceased; in every Information for Piracy at Comninon Law, to charge that the Defondant 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 Infor- mation named.

Form of hit-

II. That in any Information for Forging, Uttering, Stealing, Embez-dictment in cases zling, Destroying or Concealing, or for obtaining by False Pretences any of Forgery, &c. Instrument, or for Engraving or Making the whole or any part of any as to Instrument. matter or thing, or for using or having the unlawful 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 unlawful Possession of any Paper upon which the whole or any part of any thing whatsoever shall have been made or printed, and in all other cases wherever it shall be necessary to make any Averment in any Infor mation 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 setting out any Copy or Fac simile thereof, or otherwise describing the same or the Value thereof.

III. That it shall be sufficient in every Information for Forging, Form of In Uttering, Offering, Disposing of, or Putting off, any Instrument what distment in cases soever, or for Obtaining or Attempting to Obtain any Property by False, of Forgery, &c. Pretences, to allege that the Defendant did the Act with intent to as to Intent 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.

IV. That if on the Trial of any person charged with any Felony or Party indicted Misdemeanour, the Jury shall be of opinion that the Defendant did not for Felony or complete the Offence charged, but only attempted the same, the Defendant Misdemeanour shall not be acquitted, but the Jury shall return a Verdict of Not Guilty may be found of the Felony or Misdemeanour charged, but Guilty of an Attempt to tempt, and shall Guilty of At- commit the same, and thereupon the Defendant shall be punished as if

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