TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 26

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Entry of verdict of not guilty by order of judge. 1967, c.80, s.17.

if

51. Where an accused person arraigned on an

indictment pleads not guilty and the prosecutor

proposes to offer no evidence against him, the court

before which the accused person is arraigned may,

it thinks fit, order that a verdict of not guilty

shall be recorded without the accused person being

given in charge to a jury, and the verdict shall have

the same effect as if the accused person had been

tried and acquitted.".

Addition of new

sections 654,

65B, 65C

6. The principal Ordinance is amended by adding, after

section 65, the following new sections -

and 65D.

"Proof of criminal

intent.

1967, c.80, s.8.

654. (1) A court or jury, in determining

whether a person has committed an offence

(a) shall not be bound in law to infer that he

intended or foresaw a result of his acts

or omissions by reason only of its being

a natural and probable consequence of those

acts or omissions; but

(b) shall decide whether he did intend or

foresee that result by reference to all the

evidence, drawing such inferences from the

evidence as appear proper in the circum-

stances.

(2) In this section, "court" includes a

District Judge or a magistrate.