TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 25

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(4) For the purposes of subsection (3) any

allegation of an offence shall be taken as including

an allegation of attempting to commit that offence;

and where a person is charged with attempting to

commit an offence or with any assault or other act

preliminary to an offence but not with the completed

offence, then he may be convicted of the offence

charged notwithstanding that he is shown to be

guilty of the completed offence.

(5) Where a person arraigned on an indictment

pleads not guilty of an offence charged in the

indictment but guilty of some other offence of which

he might be found guilty on that charge, and he is

convicted on that plea of guilty without trial for

the offence of which he has pleaded not guilty then,

whether or not the two offences are separately

charged in distinct counts, his conviction of the

one offence shall be an acquittal of the other.

(6) Any power to bring proceedings for an

offence by criminal information is abolished.

(7) Subsections (1), (2) and (3) shall apply

to an indictment containing more than one count as if

each count were a separate indictment.

(8) The powers conferred by subsection (3) may

be exercised by the District Court and by a magis-

trate.