ORDINANCE No. 3 OF 1865.
Criminal Law Procedure.
No. 3 of 1865.
An Ordinance to consolidate the Laws relating to Criminal Procedure.
[2nd June, 1865.]
719
[See Ordinances: No. 2 of 1869, No. 5 of 1872 & No. 23 of 1882.]
WHEREAS the laws regulating criminal procedure in this Colony are numerous and complicated, and it is expedient to consolidate the said laws: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. The several Ordinances and parts of Ordinances in the schedule (A) hereto annexed shall continue in force until and throughout the thirteenth day of June in the present year, and shall from and after that day be repealed.
2. Provided that every act duly done and every warrant and other instrument duly made or granted before this Ordinance comes into operation shall continue and be of the same force and effect as if the said Ordinances or parts of Ordinances had not been repealed; and that every action, prosecution and other proceeding which shall have been commenced before this Ordinance comes into operation or shall thereafter be commenced in respect of any such matter or thing may be prosecuted, continued and defended in the same manner as if the said Ordinances and parts of Ordinances had not been repealed.
3. The ordinary sessions for the despatch of the criminal business of the Supreme Court shall commence on the eighteenth day of every month except October, [“September” as amended by Ordinance No. 11 of 1866] or if the eighteenth day be a dies non on the first lawful day then next following; Provided always that the said Court may, on due notice thereof being given, hold an additional session whenever it may be necessary or expedient so to do. [Repealed by Ordinance No. 2 of 1869.]
4. For the purpose of bringing a criminal case under the cognizance of the Supreme Court an information shall be signed by the Attorney General, 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. [Repealed by Ordinance No. 2 of 1869.]
5. Every 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;
Repeal of Ordinances and parts of Ordinances mentioned in schedule (A).
Repeal not to affect acts, &c., committed before the coming into operation of this Ordinance.
Criminal sessions.
Method of proceeding.
Form of information.
"In the Supreme Court
The day of 186
Hongkong (to wit). The Attorney General charges A.B., with the murder of
ORDINANCE No. 3 OF 1865.
Criminal Law Procedure.
No. 3 of 1865.
An Ordinance to consolidate the Laws relating to Criminal Titlo.
Procedure.
[2nd June, 1865.]
719
[Sce Ordi nances: No. 2 of 1869, No. 5 of 1872 & No. 23 of 1882.]
WHEREAS the laws regulating criminal procedure in this Colony Preamble.
are numerous and complicated, and it is expedient to consolidate
the said laws: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. The several Ordinances and parts of Ordinances in the schedule (A) hereto annexed shall continue in force until and throughout the thirteenth day of June in the present year, and shall from and after that day be repealed.
2. Provided that every act duly done and every warrant and other instrument duly made or granted before this Ordinance comes into operation shall continue and be of the same force and effect as if the said Ordinances or parts of Ordinances had not been repealed; and that every action, prosecution and other proceeding which shall have been commenced before this Ordinance comes into operation or shall thereafter be commenced in respect of any such matter or thing may be prosecuted, continued and defended in the same manner as if the said Ordinances and parts of Ordinances had not been repealed.
3. The ordinary sessions for the despatch of the criminal business of the Supreme Court shall commence on the eighteenth day of every month except October, [“September” as amended by Ordinance No. 11 of 1866] or if the eighteenth day be a dies non on the first lawful day then next following; Provided always that the said Court may, on due notice thereof being given, hold an additional session whenever it may be necessary or expedient so to do. [Repealed by Ordinance No. 2 of 1869.].
4. For the purpose of bringing a criminal case under the cognizance of the Supreme Court an information shall be signed by the Attorney General, 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. [Repealed by Ordinance No. 2 of 1869.]
5. Every 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 cach case be in the following form;
Repeal of Ordinances and parts of Ordinances mentioned in schedule (A).
Repeal not to affect acts, &c., commit: ted before the coming into operation of this Ordi-
nance.
Criminal
sessions.
Method of proceeding,
Form of informa-
tion.
"In the Supreme Court
The
day of
186
Hongkong (to wit). The Attorney General charges A.B., with the murder of
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