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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
Variance be- tween in- formation and evidence.
(11 & 12 V. è. 43, s. 9.)
Description of property of partners, &e. (11 & 12. V. c. 43, s. 4.)
Complaints for an order to pay money need not be in writing. (1 & 12 v.
c. 43, N. N.)
Limit of time for suck
complaints or informations. (1 & 12 V.
43, s. 11.
No. 10 of 1844, 8. 23.
No objection allowed for want of form. (1 & 12 V.
v. 43, s. 1.)
18. In all cases of informations for any offences punish- able on summary conviction any variance between such information and the evidence adduced in support thereof as to the time at which such offence or act shall be alleged to have been committed shall not be deemed material, if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence ad- duced in support thereof as to the place in which the offence or act shall be alleged to have been committed shall not be deemed material, provided that the offence or act be proved to have been committed within the jurisdic- tion of the Magistrate by whom such information shall be heard and determined; and if any such variance, or any variance in any other respect between such information and the evidence adduced in support thereof, shall appear to the Magistrate present and acting at the hearing to be such that the party charged by such information has been thereby deceived or misled, it shall be lawful for such Magistrate upon such terms as he shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the said defendant to prisou or some place of security, or to such other custody as the said Magistrate shall think fit, or to discharge him upon his entering into a recognisance (v.) with or without surety or sureties, at the discretion of the Magistrate conditioned for his appearance at the time and place to which such hear- ing shall be so adjourned. Provided always that in all cases in which a defendant shall be so discharged upon recog- nisance as aforesaid, and shall not afterwards appear at the time and place in such recognisance mentioned, the Magistrate then present, shall certify (VII.) on the back of the recognisance the non-appearance of the defendant and may declare the same to be forfeited in the manner hereinafter provided and may also forthwith issue a war- rant for his apprehension.
19. In any complaint or information or the proceedings thereon in which it shall be necessary to state the owner- ship of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others as the case may be and whenever in any such complaint or information or the proceedings thereon it shall be necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common it shall be sufficient to describe them in manner aforesaid; and whenever in any such complaint or information or the proceedings thereon it shall be necessary to describe the ownership of any public work or building maintained or repaired at the public expense or any materials or tools pro- vided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, build- ings, gates, bridges, lamps, boards, stones and posts, or of any reservoirs, conduits, sewers drains or other public works or property of whatsoever description it shall be sufficient to describe such property as the property of the Crown.
20. In all cases of complaints upon which a Magistrate may make an order for payment of money, or otherwise it shall not be necessary that such complaint shall be in writing unless it shall be required so to be by some par- ticular Ordinance or Statute upon which such complaint shall be framed.
21. In all cases of offences other than indictable offences where no time is by any Ordinance or Statute or shall hereafter by any future Ordinance or Statute be limited for making any complaint or laying any information in respect of such offences, such complaint shall be made or such information laid within six months from the time when the matter of such complaint or information re- spectively arose.
22. No objection shall be taken or allowed to any com- plaint, information or summons for any alleged defect therein in substance or in form, or for any variance be- tween such complaint, information or summons, and the evi- dence adduced in support thereof and the adjudicating Magistrate shall in all cases give judgment upon the sub- stantial merits and facts of the case as proved before him, and convict the defendant of the offence of which he shall appear to have been guilty; but if any such variance
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