1890_CRIMINAL_PROCEDURE_ORDINANCE — Page 1

B

ORDINANCE No. 1 OF 1858.

Criminal Procedure.

No. 1 of 1858.

An Ordinance for Criminal Procedure.

[11th January, 1858.]

E it enacted and ordained by His Excellency the Governor of Hongkong, with

the advice of the Legislative Council thereof, as follows:-

1. All statements which need not be proved shall be omitted from informations and indictments, and the substance of every charge shall be therein expressed without prolixity.

2. Every information or indictment shall continue to be signed as heretofore, but shall, with such modifications as may be necessary to meet the facts of each case, be in the following form as near as may be:-

"The Attorney General charges A.B., with the murder of C.D., [or with having robbed, or stolen from the person of C.D., or with a burglary in a dwelling-house, or as the case may be] at E, on the

18 2-

day of

And if there be more than one count, then the second, and every subsequent count, if any, shall, with the like modifications, be in the following form as near as may be:-

'And also with piracy in making a revolt on board of the vessel F, or as the case may be, [or setting fire to a dwelling-house, or as the case may be,] at E aforesaid [or as the case may be], on the day and year last aforesaid [or as the case may be]'.

3. It shall not be competent to any prisoner or defendant to object by demurrer to any information or indictment, except upon the ground that the same doth not set forth a sufficient charge in law; and upon the hearing of every such demurrer, and also upon any application to arrest judgment, the Court shall, without regarding any mere imperfection, omission, defect, or lack of form, determine the very right or matter in law, according as the same shall appear unto the said Court, and give judgment accordingly.

4. Save as by this Ordinance is provided, the rules of pleading and practice in criminal cases shall continue to be observed as the same existed at the time of the passing hereof: And no Ordinance hereafter to be passed for extending to this Colony. any Imperial Enactment relating to crimes or offences, shall be interpreted to repeal or vary any of the provisions of this Ordinance, unless the intention to repeal or vary the same be expressed in such future Ordinance.

397

Unnecessary statements for- bidden.

Forms of inform- ation;

and second counts.

Demurrers or ob- jections for lack

of form not to be allowed.

Existing rules of pleading and practice, Provision for further extension of Criminal Sta- tutes to this Colony.

[Repealed by Ordinance No. 3 of 1865.]