61499-1919-Ordinances-passed-and-assented-to--Indictments-No-17-of-1919-Supplementary-Appropriation--No-18-of-1919 — Page 3

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 5, 1919. 373

(2.) If one sentence is passed upon any verdict of guilty (9 of 1899 on an indictment containing more counts than one, the 8.19 (4). ) sentence shall be good if any of the counts upon which such verdict has been returned would have justified such

sentence.

6.-(1.) Where, before trial, or at any stage of a trial, Orders for it appears to the Court that the indictment is defective, amendment the Court shall make such order for the amendment of the of indict- indictment as the Court thinks necessary to meet the cir- ment, sepa-

rate trial, cumstances of the case, unless, having regard to the merits and post- of the case, the required amendments cannot be made ponement of

trial. without injustice.

(2.) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment.

(3.) Where. before trial, or at any stage of a trial, the Court is of opinion that a person accused may be preju- diced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such indictment.

(4.) Where, before trial, or at any stage of a trial, the Court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exer- cise of any power of the Court under this Ordinance to amend an indictment or to order a separate trial of a count, the Court shall make such order as to the postponement to the trial as appears necessary.

(5.) Where an order of the Court is made under this section for a separate trial or for the postponement of a trial-

() if such an order is made during a trial the Cour may order that the jury are to be discharged from giving a verdict on the count or counts the trial of which is postponed or on the indictment, as the case may be; and

(b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been found.in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (if the jury has been discharged) as if the trial had not commenced; and

(c) the Court may make such order as to admitting the accused person to bail, and as to the en- largement of recognizances and otherwise as the Court thinks fit.

(6.) Any power of the Court under this section shall be in addition to and not in derogation of any other power of the Court for the same or similar purposes.

(5 & 6 Geo. 5, c. 90 s. 5.)

7.-(1.) Nothing in this Ordinance or the rules there- Savings and under shall affect the law or practice relating to the interpreta- jurisdiction of a Court or the place where an accused person tion. can be tried, nor prejudice or diminish in any respect the (5 & 6 Geo. 5, obligation to establish by evidence according to law any c. 90 s. 8.) acts, omissions, or intentions which are legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the laws of evidence in criminal cases.

(2.) In this Ordinance, unless the context otherwise requires, the expression "the Court" means the Court before which any indictable offence is tried or prosecuted.

8. The enactments specified in the Second Schedule to Repeals. this Ordinance are hereby repealed to the extent mentioned in the third column of that schedule.