268
Title. (Extended by Ordinance No. G of 1856.)
Preamble.
Means by which injury was inflicted need not be specified in indictment.
Form of indictment in cases of forgery, &c. as to Instrument.
Form of indictment in cases of forgery, &c. as to intent.
Party indicted for felony or misdemeanour may be found guilty of attempt, and shall not be prosecuted afterwards for attempt.
ORDINANCE No. 4 OF 1852.
Criminal Procedure.
No. 4 of 1852.
An Ordinance to Facilitate the Administration of Criminal Justice.
[29th June, 1852.]
WHEREAS it is expedient that informations be abbreviated and certain technicalities abolished and other alterations made in the administration of criminal justice in this Colony:
1. Be it therefore enacted and ordained by His Excellency the Acting Governor of Hongkong, with the advice of the Legislative Council thereof, that henceforward it shall be sufficient in every information for murder, to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased; in every information for manslaughter, to charge that the defendant did feloniously kill the deceased; in every information for piracy at common law, to charge that the defendant did on the high seas feloniously and piratically rob the party injured; and in every information for piracy by statute, to charge that the defendant while in the act of committing piracy did feloniously assault with intent to murder or cut or wound or endanger the life as the case may be of any person in such information named.
5
2. That in any information for forging, uttering, stealing, embezzling, destroying or concealing, or for obtaining by false pretences any instrument, or for engraving or making the whole or any part of any matter or thing, or for using or having the unlawful possession of any plate upon which the whole or any part of any instrument, matter, or thing whatsoever shall have been engraved or made, or for having the unlawful possession of any paper upon which the whole or any part of any thing whatsoever shall have been made or printed, and in all other cases wherever it shall be necessary to make any averment in any information as to any instrument wholly or in part in writing, prints, or figures, it shall be sufficient to describe such instrument by any name by which the same is usually known, or by the purport thereof, without setting out any copy or facsimile thereof, or otherwise describing the same or the value thereof.
3. That it shall be sufficient in every information for forging, uttering, offering, disposing of, or putting off, any instrument whatsoever, or for obtaining or attempting to obtain any property by false pretences, to allege that the defendant did the act with intent to defraud, without alleging the intent as to any particular person; and on the trial of any of the offences in this section mentioned, it shall be sufficient to prove that the defendant did the act charged with an intent to defraud.
4. That if on the trial of any person charged with any felony or misdemeanour, the jury shall be of opinion that the defendant did not complete the offence charged, but only attempted the same, the defendant shall not be acquitted, but the jury shall return a verdict of not guilty of the felony or misdemeanour charged, but guilty of an attempt to commit the same, and thereupon the defendant shall be punished as if convicted of the attempt.
268
Title. (Extended by
Ordinance No. G of 1856.)
Preamble.
Means by which injury was
inflicted need not be specified in indictment.
Form of
indictment in cases of forgery, &c. as to
Instrument.
Form of indictment in cuses of forgery, &c. as to intent.
Party indicted
for felony or misdemeanour may be found
guilty of attempt, and shall not be prosecuted afterwards for attempt.
ORDINANCE No. 4 OF 1852.
Criminal Procedure.
No. 4 of 1852.
An Ordinance to Facilitate the Administration of Criminal Justice.
W
[29th June, 1852.]
"HEREAS it is expedient that informations be abbreviated and certain techni- calities abolished and other alterations made in the administration of criminal justice in this Colony :
1. Be it therefore enacted and ordained by His Excellency the Acting Governor of Hongkong, with the advice of the Legislative Council thereof, that henceforward it shall be sufficient in every information for murder, to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased; in every information for manslaughter, to charge that the defendant did feloniously kill the deceased; in every information for piracy at common law, to charge that the defendant did on the high seas feloniously and piratically rob the party injured; and in every information for piracy by statute, to charge that the defendant while in the act of committing piracy did feloniously assault with intent to murder or cut or wound or endanger the life as the case may be of any person in such information named.
5
2. That in any information for forging, uttering, stealing, embezzling, destroying or concealing, or for obtaining by false pretences any instrument, or for engraving or making the whole or any part of any matter or thing, or for using or having the un- lawful possession of any plate upon which the whole or any part of any instrument, matter, or thing whatsoever shall have been engraved or made, or for having the un- lawful possession of any paper upon which the whole or any part of any thing what- soever shall have been made or printed, and in all other cases wherever it shall be necessary to make any averment in any information as to any instrument wholly or in part in writing, prints, or figures, it shall be sufficient to describe such instrument by any name by which the same is usually known, or by the purport thereof, without set- ting out any copy or fac simile thereof, or otherwise describing the same or the value thereof.
3. That it shall be sufficient in every information for forging, uttering, offering, disposing of, or putting off, any instrument whatsoever, or for obtaining or attempt- ing to obtain any property by false pretences, to allege that the defendant did the act with intent to defraud, without alleging the intent as to any particular person; and on the trial of any of the offences in this section mentioned, it shall be sufficient to prove that the defendant did the act charged with an intent to defraud.
4. That if on the trial of any person charged with any felony or misdemeanour, the jury shall be of opinion that the defendant did not complete the offence charged, but only attempted the same, the defendant shall not be acquitted, but the jury shall return a verdict of not guilty of the felony or misdemeanour charged, but guilty of an attempt to commit the same, and thereupon the defendant shall be punished as if con-
No comments yet.
Private notes are available after approval.