1088
THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.
Proof of guilty
indictment
64.-(1.) On the trial of any person for having received property knowing it to be stolen, or for having in his knowledge on possession stolen property, evidence may be given that for receiving there was found in the possession of the accused person property other property stolen within the preceding period of twelve knowing it to months, and such evidence may be taken into consideration have been
for the purpose of proving that the accused person knew the property in respect of which he is then being tried to be stolen.
stolen.
No. of 1899,
■. 18,
Proof on trial
of plea of autrefois
convict or acquit.
B. G. Ordi- nance, s. 107.
Procedure
for trial through error.
(2.) Where, on the trial of any person for having received property knowing it to be stolen, or for having in his possession stolen property, evidence has been given that the stolen property was found in his possession, then, if the accused person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given, and may be taken into consideration for the purpose of proving that the accused person knew the property which was found in his possession to have been stolen; provided that not less than seven days' notice in writing has been given to the accused person that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the accused person.
65. On the trial of an issue on a plea of antrefois con- vict or autrefois acquit, the depositions transmitted to the Registrar or the Attorney General on the former trial, to- gether with the Judge's notes, if available, and the deposi- tious transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on Summary Conviction.
66.—(1.) If, either before or during the trial of an accused where person person, it appears to the Court that such person has been is committed guilty of an offence punishable on summary conviction, the Court may either order that the case shall be remitted to a Magistrate with such directions as it may think proper, or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a Magistrate and as the Court may deem proper.
B. G. Ordi- nance, s. 147.
Special
provision for saving validity of
verdict in cases of
larceny, etc.
B. G. Ordi- nance. e. 162,
Prohibition of staying of judgment on specified grounds.
No. 3 of 1865, 0.37.
Cumulative sentences.
See 7 & 8 Gea, 4. *. 28, K. 10.
(2.). It shall be the duty of the Magistrate to whom any such directions are addressed to obey the same.
Verdict and Judgment.
67.-(1.) No verdict of any jury against any person, and no sentence of the Court on any person, who is found guilty of larceny, embezzlement, frandulent application or dis- position of anything, or obtaining anything by false pre- tences, shall be set aside or reversed, if on the trial there was evidence to prove that such person committed any one : of such offences.
(2.) The punishment awarded against such person shall not exceed the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, and no person so convicted shall be liable to be afterwards prosecuted for any such offence upon the same facts.
68. No judgment shall be stayed or reversed- (1.) On the ground of any objection which, if stated before the jury were empanelled or during the progress of the trial, might have been amended by the Court; or (2.) Because of any error committed in summoning or
swearing the jury or any of them; or
(3.) Because any person who has served upon the jury
has not been returned by the Registrar; or (4.) Because of any objection which might have been stated as a ground of challenge of any of the jurors; or (5.) Because of any informality in swearing the witnesses
or any of them.
69. Where the Court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or has been at the same session of the Court sentenced to undergo imprisonment for another offence, it shall be lawful for the Court to direct that such imprisonment shall commence at the expiration of the term
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