434
convict or acquit.
Procedure where person is committed for trial through error.
No. 9. THE ORDINANCES OF HONGKONG (AD
on the former trial, together with the Judge's notes, if available, and depositions transmitted to the Attorney General on the subsequent trial shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on Summary Conviction.
66.--(1.) If, either before or during the trial of an accused person it appears to the Court that such person has been guilty of an offence punishable on summary conviction, the Court may either order the case to be remitted to a Magistrate with such directions as it thinks proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a Magistrate and as the Court may deem proper.
(2.) It shall be the duty of the Magistrate to whom any such directions are addressed to obey the same.
Special provision for saving validity of verdict in cases of larceny, etc.
Prohibition of staying or reversal of judgment on specified grounds.
Cumulative sentences.
Verdict and Judgment.
67.(1.) No verdict of any jury against any person, and no sentence of the Court on any person, who is found guilty of larceny, embezzlement, fraudulent application or disposition of anything, or obtaining anything by false pretences shall be set aside or reversed, if on the trial there was evidence to prove that such person committed any one of such offences.
(2.) The punishment awarded against such person shall not exceed the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, and the person so convicted shall be liable to be afterwards prosecuted for such offence on the same facts.
68. No judgment shall be stayed or reversed-
(1.) on the ground of any objection which, if stated before the jury were empanelled or during the progress of the trial, might have been amended by the Court; or
(2.) because of any error committed in summoning or swearing the jury or any of them; or
(3.) because any person who has served on the jury has not been returned by the Registrar; or
(4.) because of any objection which might have been stated as a ground of challenge of any of the jurors; or
(5.) because of any informality in swearing the witnesses or any of them.
69. Where the Court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing 7 & 8 Geo. 4 c. 28 s. 10.
4
434
convict or acquit.
Procedure
where person
for trial
through error.
No. 9. THE ORDINANCES OF HONGKONG (AD
on the former trial, together with the Judge's notes, if available, and depositions transmitted to the Attorney General on the subsequent shall be admissible in evidence to prove or disprove the identity charges.
Case punishable on Summary Conviction.
66.--(1.) If, either before or during the trial of an accused is committed appears to the Court that such person has been guilty of ar
punishable on summary conviction, the Court may either order the case shall be remitted to a Magistrate with such directions as it think proper or allow the case to proceed, and, in case of convich impose such punishment upon the person so convicted as might been imposed by a Magistrate and as the Court may deem proper.
(2.) It shall be the duty of the Magistrate to whom any such un tions are addressed to obey the same.
Special provision for
saving
validity of verdict in cases of
larceny, etc.
Prohibition of staying or reversal of
judgment on
specified grounds.
Cumulative
sentences..
Verdict and Judgment.
67.(1.) No verdict of any jury against any person, and no sentent of the Court on any person, who is found guilty of larceny, embe ment, fraudulent application or disposition of anything, or
anything by false pretences shall be set aside or reversed, if on the t there was evidence to prove that such person committed any one of tuche offences.
(2.) The punishment awarded against such person shall not exceen the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, an person so convicted shall be liable to be afterwards prosecuted for such offence on the same facts.
68. No judgment shall be stayed or reversed-
(1.) on the ground of any objection which, if stated before the
4
were empanelled or during the progress of the trial, might h been amended by the Court; or
(2.) because of any error committed in summoning or swearing
jury or any of them; or
(3.) because any person who has served on the jury has not bear
returned by the Registrar; or
(4.) because of any objection which might have been stated as
ground of challenge of any of the jurors; or
(5.) because of any informality in swearing the witnesses or any
of them.
69. Where the Court sentences any person to undergo a term 7 & 8 Geo. 4 imprisonment for an offence, and such person is already undergong
c. 28 s. 10.
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