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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1865.
Form of Indictment or Information,
Needless Averments not to be made.
Joinder of Offences in One Indictment or Information.
Jurisdiction over
or if the Attorney General shall at any time be unable to sign the same by reason of his absence from the Colony or other sufficient cause the same shall be signed by some Person nominated and appointed for that purpose by His Excellency the Governor.
V. Every Indictment or Information shall bear date on the Day when the same was signed and shall with such averments as may be necessary to meet the Facts of each Case be in the following form;
"In the Supreme Court
"L
"The
day of
186
'Hongkong (to wit) The Attorney-General charges A.B. with" &c.
[here state, free from technicalities, the offence charged ;]
And if there be more than one Count, then the second and every subsequent Count, if any, shall commence in the following form;
"And also with" &c.
[here state, in like manner, the matters of the second or subsequent Count.]
VI. All Statements which need not be proved shall be omitted.
VII. Parties may be charged with different Felonies and Misdemeanors or with different Felonies or Misdemeanors in the samne Indictment or Information where the Person thereby injured is one and the same Person, or where the several Offences so charged constitute or relate to one and the same transaction, but the Chief Justice or other presiding Judge shall have power to prevent the trial of different Felonies or Misdemeanors together, if such Trial would be inexpedient, and in such case he may order separate Records to be made up and separate Trials to be had.
VIII. In an Indictment or Information for Felony or Misdemeanor committed on Offences on the high the High Seas or in Foreign Parts [by or upon a British Subject] the allegation that Seas, &c., how alleged the party injured was at the time of the Offence charged in the Peace of the Queen shall be a sufficient allegation of the Jurisdiction of the Court to hear and determine the case.
Indictment or In- formation to be filed by Registrar.
Process for sum- aoning Party on In- dictment or Informa- tion.
Notice of Tri: on Indictment or Infor- mation.
Process, Copy of
mation and Notice of
IX. Every Indictment or Information, when so signed as aforesaid, shall be brought to the Office of the Registrar of the Supreme Court and shall be filed by him in the said Court.
X. The Process of the Court for summoning a Party to answer any Indictment or Information, and for the service of a Copy thereof on any such Party shall, when such Party is out on Bail, be by Writ sued out by the Crown Solicitor, or, when the Prosecution is at the instance of a Private Party, by the Prosecutor or his Attorney and the same shall be directed to the Sheriff in the Form in Schedule (B) hereunto annexed, or as near thereto as may be.
XI. The Registrar or his Deputy shall indorse on, or annex to, every Indictment or Information and every Copy delivered to the Sheriff for Service thereof a Notice of Trial which Notice shall specify the Court before which, and the particular Session and Time when, he will bring the Party to trial on the said Indictment or Information, and which shall be in the Form in Schedule (C) hercunto annexed, or as near thereto as may be.
XII. The Crown Solicitor shall deliver or cause to be delivered to the Sheriff a Indictment or Infor- Copy of the Indictment or Information with the Notice of Trial indorsed on the same Trial to be delivered or annexed thereto; and if there are more Parties charged than one then as many
Copies as there are Parties.
to Sheriff.
Time and Mode of
Indictment or Infor- mation.
XIII. The Sheriff shall, as soon as may be, after having received a Copy or Copies summoning Parties on of the Indictment or Information and Notice or Notices of Trial, and Five Days at least before the Day therein specified for Trial, by himself or his Deputy or other Officer deliver to the Party or Parties charged the said Copy or Copies or Notice or Notices, and explain to him or them the nature and exigency thereof; and when the same or any or either of them cannot be found he shall leave a Copy or Copies of the
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