61499-1919-Ordinances-passed-and-assented-to--Indictments-No-17-of-1919-Supplementary-Appropriation--No-18-of-1919 — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 5, 1919.

Commence- ment of Ordinance.

9. This Ordinance shall come into operation on the 12th day of October, 1919, but shall not apply to indiet- ments in the ease of persons committed for trial before that date, or to the trial of any such person.

Passed the Legislative Council of Hongkong, this 4th day of September, 1919.

A. D. BALL, Clerk of Councils,

Assented to by His Excellency the Officer Administer- ing the Government, the 5th day of September, 1919.

A. G. M. FLETCHER,

Colonial Secretary.

Mode in which offences are to be charged.

Provision as

offences.

SCHEDULES.

FIRST SCHEDULE.

RULES.

1.- (1.) A description of the offence charged in an indictment, or where more than one offence is charged in an indictment, of each offence so charged, shall be set out in the indictment in a separate paragraph called a count.

(2.) A count of an indictment shall commence with a statement of the offence charged, called the statement of offence.

(3.) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.

(4.) After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary:

Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.

(5.) The forms set out in the Appendix to these rules or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other. cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.

(6.) Where an indictment contains more than one count, the counts shall be numbered consecutively.

2.-(1.) Where an enactment constituting au offence to statutory states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different inten- tions or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions, or other matters, stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2.) It shall not be necessary, in any court charging a statutory offence, to negative any exception or exemption from or qualification to the operation of the creating the offence.

statute