TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 23

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Repeal and

replacement of section 51.

(2) Where a person charged with an indictable

offence has been committed for trial, the indictment

against him may include, either in substitution for

or in addition to counts charging the offence for

which he was committed, any counts founded on facts

or evidence disclosed in any depositions, being

counts which may lawfully be joined in the same

indictment.

5.

Section 51 of the principal Ordinance is repealed and

replaced by the following -

"Trial of offences. 1967, c.58, s.6.

51. (1) If a person is arraigned on an

indictment

(a) he shall in all cases be entitled to make

a plea of not guilty in addition to any

demurrer or special plea;

(b) he may plead not guilty to the offence

specifically charged in the indictment but

guilty to another offence of which he might

be found guilty on that indictment;

(c) if he stands mute of malice, or will not

answer directly to the indictment, or

pleads guilty to a charge of a capital

offence, the court may order a plea of not

guilty to be entered on his behalf, and he

shall then be treated as having pleaded

not guilty.