61499-1919-Ordinances-passed-and-assented-to--Indictments-No-17-of-1919-Supplementary-Appropriation--No-18-of-1919 — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 5, 1919.

LS

HONGKONG.

No. 17 OF 1919.

I assent to this Ordinance.

CLAUD SEVERN,

Officer Administering the Government.

5th September, 1919.

Short title.

Rules as to

An Ordinance to amend the Law relating to Indictments in Criminal Cases, and matters incidental or similar thereto.

[5th September, 1919.]

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

1. This Ordinance may be cited as the Indictments Ordinance, 1919.

2. The rules contained in the First Schedule to this indictments. Ordinance with respect to indictments shall have effect as (5 & 6 Geo. 5, if enacted in this Ordinance, but those rules may be added c. 90 s. 1.).

to, varied, or annulled by further rules made by the Rule Committee under this Ordinance.

Powers of Rule Com- mittee.

(Ibid s. 2.)

General pro- visions as indictments.

(Ibid s. 3.)

Joinder of charges in

the same indictment. (Ibid s. 4.)

3.-(1.) There shall be established for the purposes of this Ordinance a Rulo Committee consisting of the Chief Justice, the Attorney General, the Registrar of the Supreme Court, the Senior Police Magistrate for the time being, and the President of the Law Society, three of whom shall form a quorum.

(2.) The Rule Committee shall have power from time to time to make rules varying or annulling the rules con- tained in the First Schedule to this Ordinance and to make further rules with respect to the matters dealt with in those rules, and those rules shall have effect subject to any modifications or additions so made.

(3.) Any rules made by the Rule Committee shall be laid, as soon as may be before the Legislative Council, and if that Council disapproves of such rules or any of them the rules so disapproved of shall thenceforth be void, but with- out prejudice to the validity of anything done thereunder...

4.-(1.) Every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.

(2.) Notwithstanding any rule of law or practice, an indictment shall, subject to the provisions of this Ordinance, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Ordinance.

5.-(1.) Subject to the provisions of the rules under this Ordinance, charges for more than one felony or for more than one misdemeanour, and charges for both felonies and mis- demeanours, may be joined in the same indictment, but where a felony is tried together with any misdemeanour, the jury shall be sworn and the person accuse:l shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies.