CO129-511-21 Accessories and Abettors Ordinance 1928- Bill 13-9-1928 - 27-11-1928 — Page 25

C.S.O.

A BILL

[No. 16-25.6.28.-3.]

INTITULED

An Ordinance to consolidate and amend the laws relating to accessories to and abettors of indictable offences.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Accessories and Short title. Abettors Ordinance, 1928.

ACCESSORIES BEFORE THE FACT.

fact may be

2. Every person who becomes an accessory before the Accessory fact to any felony, whether the same is a felony at common before the law or by virtue of any Act or Ordinance, may be indicted, tried, convicted, and punished in all respects as if he were a principal felon.

indicted, etc., as principal. 24 & 25 Vict. c. 94, 8. 1.

Accessory before the fact may be indicted, etc., as such or as

3. Every person who aids, abets, counsels or procures any other person to commit any felony, whether the same is a felony at common law or by virtue of any Act or Ordinance, shall be guilty of felony, and may be indicted and convicted either as an accessory before the fact to the substantive principal felony, together with the principal felon, or after felon. the conviction of the principal felon, or may be indicted 24 & 25 and convicted of a substantive felony, whether the prin- Vict. c. 94, cipal felon has or has not been previously convicted or is s. 2. or is not amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.

4. Every person, who, within the Colony, aids, abets, Accessories counsels or procures any other person to commit any act before the outside the Colony which if committed within the Colony fact to felony

committed would be a felony, shall be guilty of an offence against abroad. this Ordinance as accessory before the fact to a felony committed abroad, and may be dealt with, tried, and punished in the same manner as an accessory before the fact to the felony would be, if the felony had been com. mitted in the Colony.

ACCESSORIES AFTER THE FACT.

substantive

5. Every person who becomes an accessory after the Accessory fact to any felony, whether the same is a felony at commo" after the fact law or by virtue of any Act or Ordinance, may be indicted may be ard convicted either as an accessory after the fact to the indicted, etc., principal felony, together with the principal felon, or after as such or as the conviction of the principal felon, or may be indicted felon. and convicted of a substantive felony, whether the prin- 24 & 25 cipal felon has or has not been previously convicted or is Vict. c. 94, or is not amenable to justice, and may thereupon be pun- s. 3. ished in like manner as an accessory after the fact to the same felony, if convicted as an accessory, may be punished.

6. Every accessory after the fact to any felony (except Punishment where it is otherwise specially enacted), whether the same of accessory is a felony at common law or by virtue of any Act or after the fact. Ordinance, shall be liable to imprisonment for any term not 24 & 25 exceeding two years, and it shall be lawful for the court Vict. c. 94,

s. 1. to require the offender to enter into his own recognizances, with or without sureties, for keeping the peace, in addition to such punishment: Provided that no person shall be imprisoned under this section for not finding sureties for any period exceeding one year.

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