715076-1865-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO-5-OF-1865- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.

principal Felony, together with the principal Felon, or after the Conviction of the incipal Felon, or may be indicted and convicted of a substantive Felony whether the rincipal Felon shall or shall not have been priviously convicted, or shall or shall not amenable to Justice, and may thereupon be punished in like Manner as any Accessory after the Fact to the same Felony, if convicted as an Accessory, may be punished.

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cessories after the Fact.

4. Every Accessory after the Fact to any Felony (except where it is otherwise Punishment of Ac- specially enacted), whether the same be a Felony at Common Law or by virtue of any Ordinance passed or to be passed, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and it shall be lawful for the Court, if it shall think fit, to require the Offender to enter into his own Recognizances and to find Sureties, both or either, for keeping the Peace, in addition to such Punishment: Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One year.

As to Accessories generally:

cessory after Principal

5. If any principal Offender shall be in anywise convicted of any Felony, it shall Prosecution of Ae- be lawful to proceed against any Accessory, either before or after the Fact, in the saine convicted, &c. Manner as if such principal Felon had been attainted, thereof, notwithstanding such principal Felon shall die, or be pardoned, or otherwise delivered before Attainder; and every such Accessory shall upon Conviction suffer the same Punishment as he would have suffered if the Principal had been attainted.

same Indictment or

6. Any Number of Accessories at different Times to any Felony, and any Number Several Accessories of Receivers at different Times of Property stolen at One Time, may be charged with may be included in substantive Felonies in the same Indictment or Information, and may be tried together, Information, notwithstanding the principal Felon shall not be included in the same Indictment or Information, or shall not be in Custody or amenable to Justice.

7. Where any Felony shall have been wholly committed within this Colony, the Trial of Accessories. Offence of any Person who shall be an Accessory either before or after the Fact to any such Felony may be dealt with, inquired of, tried, determined and punished by the Court which shall have Jurisdiction to try the principal Felony, or any Felonies committed in the Place in which the Act by reason whereof such Person shall have become sucli Accessory shall have been committed; and in every other Case the Offence of any Person who shall be an Accessory either before or after the Fact to any Felony may be dealt with, inquired of, tried, determined and punished by the Court which shall have Jurisdiction to try the principal Felony or any Felonies committed in the Place in which such Person shall be apprehended or be in Custody, whether the principal Felony shall have been committed on the Sea or on the Land, or begun on the Sea and completed on the Land, or begun on the Land and completed on the Sea, and whether within Her Majesty's Dominions or without, or partly within Her Majesty's Dominions and partly without: Provided that no Person who shall be once duly tried either as an Accessory before or after the Fact, or for a substantive Felony under the Provisions hereinbefore contained, shall be liable to be afterwards prosecuted for the same Offence.

As to Abettors in Misdemeanors :

demeanors.

8. Whosoever shall aid, abet, counsel, or procure the Commission of any Misdemeanor, Abettors in Mis- whether the same be a Misdemeanor at Common Law or by virtue of

any Ordinance passed or to be passed, shall be liable to be indicted, tried and punished as a principal

Offender.

9. This Ordinance shall commence and take effect on the Fourteenth Day of June, Commencement of One Thousand Eight Hundred and Sixty-five.

Passed the Legislative Council of Hongkong, this 2nd Day of June, 1865.

L. D'ALMADA E CASTRO,

Clerk of Councils.

Ordinance.