1890_ACCESSORIES_AND_ABETTORS_ORDINANCE — Page 2

776

Accessories

before the

fact may be

tried, &c., as principals.

Accessories before the

fact may be indicted as such or as substantive felons.

Accessories after the fact may be in- dicted as such or as substan- tive felons.

Punishment of accessories after the fact.

ORDINANCE No. 5 OF 1865.

Accessories and Abettors.

indictable offences: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

As to Accessories before the Fact:

1. Whosoever shall become an accessory before the fact to any felony, whether the same be a felony at common law or by virtue of any Ordi- nance passed or to be passed, may be indicted, tried, convicted, and punished in all respects as if he were a principal felon.

2. Whosoever shall counsel, procure, or command any other person to commit any felony, whether the same be a felony at common law or by virtue of any Ordinance passed or to be passed, shall be guilty of felony, and may be indicted and convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and con- victed of a substantive felony whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.

As to Accessories after the Fact:

3. Whosoever shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of Ordi-

any nance passed or to be passed, may be indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony whether the principal felon shall or shall not have been previously convicted, or shall or shall not be 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 acces- sory, may be punished.

4. Every accessory after the fact to any felony (except where it is otherwise 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,