756
Persons
charged with
ORDINANCE No. 3 OF 1865.
Criminal Law Procedure.
36. If, on any trial for burglary, stealing in a dwelling-house, or burglary, &c., breaking and entering and stealing in a shop, warehouse or counting-house or a building within the curtilage of a dwelling-house the facts proved in evidence authorize a conviction for some other of the said offences and not the offence wherewith the defendant is charged, the jury shall return against him a verdict of guilty of the said other offence and thereupon he shall be punished as if he had been convicted on an information charging him with such offence; and he shall not be afterwards prosecuted for the offence whereof he is so found guilty.
37. No judgment shall be stayed or reversed on the ground of objection which, if stated before the jury were impanelled, or during the progress of the trial might have been amended by the Court nor because of any error committed in summoning or swearing the jury, or any of them; nor because any person who has served upon the jury has not been returned by the sheriff, nor because of any objection which might have been stated as a ground of challenge of any of the jurors nor for any informality in swearing the witnesses or any of them.
38. All rules and orders inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force and effect whatsoever.
39. In citing this Ordinance in any instrument, document or proceeding, it shall be sufficient to use the expression "The Criminal Law Procedure Ordinance, 1865."
40. This Ordinance shall commence and take effect on the fourteenth day of June in the year one thousand eight hundred and sixty-five.
SCHEDULE (A.)
ORDINANCE.
No. 8 of 1845.
No. 6 of 1846.
TITLE.
EXTENT OF REPEAL.
An Ordinance to regulate Criminal Proceedings.
The whole.
An Ordinance for the Regulation of Criminal Proceedings in the Supreme Court of Hongkong during the absence of Her Majesty's Attorney General
The whole.
756
Persons
charged with
ORDINANCE No. 3 OF 1865.
Criminal Law Procedure.
36. If, on any trial for burglary, stealing in a dwelling-house, or burglary, &c., breaking and entering and stealing in a shop, warehouse or counting-
may be con-
victed of house-break- ing, &c.
When judg- ment is not to be revers- ed.
Inconsistent rules and orders de- clared to be of no force.
Short title.
Commence.
ment of Ordi-
nance,
house or a building within the curtilage of a dwelling-house the facts proved in evidence authorize a conviction for some other of the said. offences and not the offence wherewith the defendant is charged, the jury shall return against him a verdict of guilty of the said other offence and thereupon he shall be punished as if he had been convicted on an infor- mation charging him with such offence; and he shall not be afterwards. prosecuted for the offence whereof he is so found guilty.
any
37. No judgment shall be stayed or reversed on the ground of objection which, if stated before the jury were inpanelled, or during the progress of the trial might have been amended by the Court nor because of any error committed in summoning or swearing the jury, or any of them; nor because any person who has served upon the jury has not been returned by the sheriff, nor because of any objection which might have been stated as a ground of challenge of any of the jurors nor for any informality in swearing the witnesses or any of them.
38. All rules and orders inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force and effect whatsoever.
39. In citing this Ordinance in any instrument, document or pro- ceeding, it shall be sufficient to use the expression "The Criminal Law Procedure Ordinance, 1865."
40. This Ordinance shall commence and take effect on the four- teenth day of June in the year one thousand eight hundred and sixty-five.
SCHEDULE (A.)
ORDINANCE.
No. 8 of 1845.
No. 6 of 1846.
TITLE.
EXTENT OF REPEAL.
An Ordinance to regulate Criminal Proceedings.. The whole.
An Ordinance for the Regulation of Criminal Pro-
ceedings in the Supreme Court of Hongkong during the absence of Her Majesty's Attorney General
The whole.
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