1901_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed

432

wounding.

14 & 15 Vict. c. 19 s. 5.

Conviction for assault with intent to rob

No. 9.] THE ORDINANCES OF HONGKONG

guilty of the cutting, stabbing, or wounding charged in the indictment, but are not satisfied that he is guilty of the felony charged in the indictment, then and in every such case the jury may acquit the accused of such felony and find him guilty of unlawful cutting, stabbing, or wounding, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon indictment for the misdemeanor of cutting, stabbing, or wounding

58. If, on any trial for robbery, the jury are satisfied that the accused person is guilty of an assault with intent to rob, but are not satisfied that he is guilty of the robbery charged in the indictment, then and in every such case the jury may acquit the accused person of such robbery and find him guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob.

Conviction for burglary on indictment for breaking and entering and stealing in a shop, warehouse, or counting house or in a building within the curtilage of a dwelling house, etc.

59. If, on any trial for burglary, stealing in a dwelling house, or breaking and entering and stealing in a shop, warehouse, or counting house or in a building within the curtilage of a dwelling house, the jury are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence.

Conviction for attempt on indictment for full offence.

14 & 15 Vict. c. 100 s. 9.

Conviction for misdemeanor although facts in evidence amount to felony. Ib. s. 12.

shall

60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged in the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence.

61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the Court thinks fit, in its discretion, to discharge the jury from giving any verdict on such trial and to direct the accused person to be prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor.

Page 15

Page 16

Edit History

2026-05-02 20:51:30 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

432 wounding. 14 & 15 Vict. c. 19 s. 5. Conviction for assault with intent to rob No. 9.] THE ORDINANCES OF HONGKONG guilty of the cutting, stabbing, or wounding charged in the indictment, but are not satisfied that he is guilty of the felony charged in the indictment, then and in every such case the jury may acquit the accused of such felony and find him guilty of unlawful cutting, stabbing, or wounding, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon indictment for the misdemeanor of cutting, stabbing, or wounding 58. If, on any trial for robbery, the jury are satisfied that the accused person is guilty of an assault with intent to rob, but are not satisfied that he is guilty of the robbery charged in the indictment, then and in every such case the jury may acquit the accused person of such robbery and find him guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob. Conviction for burglary on indictment for breaking and entering and stealing in a shop, warehouse, or counting house or in a building within the curtilage of a dwelling house, etc. 59. If, on any trial for burglary, stealing in a dwelling house, or breaking and entering and stealing in a shop, warehouse, or counting house or in a building within the curtilage of a dwelling house, the jury are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence. Conviction for attempt on indictment for full offence. 14 & 15 Vict. c. 100 s. 9. Conviction for misdemeanor although facts in evidence amount to felony. Ib. s. 12. shall 60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged in the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence. 61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the Court thinks fit, in its discretion, to discharge the jury from giving any verdict on such trial and to direct the accused person to be prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor. Page 15 Page 16

Baseline (Original)

· 432 wounding. 14 & 15 Fict. c. 19 s. 5. Conviction for assault with întent to rob No. 9.] THE ORDINANCES OF HONGKONG AD guilty of the cutting, stabbing, or wounding charged in the indict but are not satisfied that he is guilty of the felony charged in the ment, then and in every such case the jury may acquit the accused of such felony and find him guilty of unlawful cutting, stabbin wounding, and thereupon the accused person shall be liable to punished in the same manner as if he had been convicted upon indictment for the misdemeanor of cutting, stabbing, or wounding 58. If, on any trial for robbery, the jury are satisfied that the acc person is guilty of an assault with intent to rob, but are not satis on indictment that he is guilty of the robbery charged in the indictment, then and for robbery. every such case the jury may acquit the accused person of such robber and find him guilty of an assault with intent to rob, and thereupon accused person shall be liable to be punished in the same manner he had been convicted upon an indictment for feloniously assa with intent to rob. Conviction for burglary on stealing in dwelling house, etc. 59. If, on any trial for burglary, stealing in a dwelling house, indictment for breaking and entering and stealing in a shop, warehouse, or counti house or in a building within the curtilage of a dwelling house, the j are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence. Conviction for attempt on indictment for full offence. 14 & 15 Fict. c. 100 s. 9. Conviction for misdemeanor although facts in evidence amount to. felony. Ib.9. 12. shall 60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit same, and thereupon. the accused person shall be liable to be punished the same manner as if he had been convicted upon an indictment attempting to commit such offence. 61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the Court thinks fit, in its discretion, to discharge the jury from giving any verdict on such trial and to direct the accused person to be prose cuted for felony, in which case the accused person may be dealt with a if he had not been previously put on his trial for misdemeanor. Page 15Page 16

2026-05-02 20:51:30 · Baseline

View content

· 432

wounding.

14 & 15 Fict.

c. 19 s. 5.

Conviction for assault with întent to rob

No. 9.] THE ORDINANCES OF HONGKONG AD

guilty of the cutting, stabbing, or wounding charged in the indict but are not satisfied that he is guilty of the felony charged in the ment, then and in every such case the jury may acquit the accused of such felony and find him guilty of unlawful cutting, stabbin wounding, and thereupon the accused person shall be liable to punished in the same manner as if he had been convicted upon indictment for the misdemeanor of cutting, stabbing, or wounding

58. If, on any trial for robbery, the jury are satisfied that the acc person is guilty of an assault with intent to rob, but are not satis on indictment that he is guilty of the robbery charged in the indictment, then and for robbery.

every such case the jury may acquit the accused person of such robber and find him guilty of an assault with intent to rob, and thereupon accused person shall be liable to be punished in the same manner he had been convicted upon an indictment for feloniously assa with intent to rob.

Conviction for burglary on

stealing in dwelling house, etc.

59. If, on any trial for burglary, stealing in a dwelling house, indictment for breaking and entering and stealing in a shop, warehouse, or counti

house or in a building within the curtilage of a dwelling house, the j are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence.

Conviction for attempt on indictment for full offence.

14 & 15 Fict. c. 100 s. 9.

Conviction for misdemeanor although facts in evidence amount to. felony. Ib.9. 12.

shall

60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit same, and thereupon. the accused person shall be liable to be punished the same manner as if he had been convicted upon an indictment attempting to commit such offence.

61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the Court thinks fit, in its discretion, to discharge the jury from giving any verdict on such trial and to direct the accused person to be prose cuted for felony, in which case the accused person may be dealt with a if he had not been previously put on his trial for misdemeanor.

1901_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 15

Edit History

Comments

Private Research Note