629809-1899-Ordinances-13-to-16-of-1899-assented-to — Page 13

1090

THE HONGKONG GOVERNMENT GAZETTE, 8TH JULY, 1899.

of act or

omission

Special verdict 75. Where in an indictment any act or omission is where accused charged against any person as an offence, and it is given in person found evidence on the trial of such person for that offence that he guilty, but insane at time was insane, so as not to be responsible, according to law, for his actions at the time when the act was done or the omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused person was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did or made the same.

charged.

46 & 47 Vict. e. 3, s. 2 (1.)

Provision for

found insane.

B. G. Ordi- nance, s. 176; 46 & 47 Viet. c. 39, s. 2 (2)

76.-(1.) Where any person is found to be insano under custody of ac- the provisions of section 75 or has a special verdict found cused person against him under the provisions of the last preceding section, the Court shall direct the finding of the jury to be recorded, and thereupon the Court may order such person to be detained in safe custody, in such place and manner as the Court thinks fit until Her Majesty's pleasure shall be known. (2.) The Judge shall immediately report the finding of the jury and the detention of such person to the Governor, who shall order such person to be dealt with as a lunatic under the laws of this Colony for the time being in force for the care and custody of lunatics, or otherwise as he may think proper.

Motion in arrest of

execution by pregnant woman

sentenced to

death.

B. G. Ordi.. nance. . 164.

Sentence of Death upon pregnant Woman.

77.-1.) If sentence of death is passed upon any woman, she may move in arrest of execution on the ground that she is pregnant. If such a motion is made, the Court shall direct two or more duly qualified medical practitioners to be sworn to examine the woman in some private place, either together or successively, and to inquire whether she is with child of a quick child or not. If, upon the report of any of them, it appears to the Court that she is so with child, execution shall be arrested until she is delivered of a child, or until it is no longer possible in the course of nature that she should be so delivered.

(2.) After the commencement of this Ordinance, no jury de ventre inspiciendo shall be empanelled or sworn in any such case.

Power to

reserve

question of law for consideration of the Full Court.

No. 2 of 1869, 8. 8; No. 12 of 1879, B. 18.

Restitution of property in case of

conviction.

B. G. Ordi- nance, s. 215.

PART IV.

PROCEEDINGS SUBSEQUENT to Trial.

Reservation of Question of Law.

78.-(1.) The Judge may in his discretion reserve for the consideration of the Full Court any question of law which may arise upon the trial of any indictment, and, in case the accused person is convicted, may postpone judg- ment until such question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties and in such sum as he may think fit, conditioned to appear at such time or times as he may direct and receive judgment.

(2.) Upon the consideration of the question so reserved, it shall be lawful for the Full Court either to affirm or to quash the conviction, and to make such other orders as may be necessary to give effect to their decision.

Restitution of Property.

79.-(1.) Subject as hereinafter provided, where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the Court to be delivered to the person who appears to the Court to be entitled thereto.

(2.) Where any person is convicted before the Court of having stolen or dishonestly obtained any property and it appears to the Court that the same has been pawned to a pawnbroker or other person, the Court may order the delivery thereof to the person who appears to the Court to be the owner, either on payment or without payment to the pawnbroker or other person of the amount of the loan or any part thereof, as to the Court, according to the conduct of the owner and the pawn broker or other person and the other circumstances of the casc, may seem just. If the person in whose favour any such order is made the pays