436
compensation to person de-frauded or injured by
No. 9.] THE ORDINANCES OF HONGKONG: [A.D. 1899
victim of any person for an indictable offence, to award any sum of money, not exceeding five hundred dollars, by way of satisfaction or compensation for any loss of property suffered by the applicant through or by means of the said offence.
indictable offence.
33 & 34 Vict. c. 23 s. 4.
Procedure
(2.) The amount awarded for such satisfaction or compensation shall be deemed a judgment debt due to the person entitled to receive the same from the person so convicted, and the order for payment of such amount may be enforced in such and the same manner as in the case of any costs or expenses ordered by the Court to be paid under the preceding section.
Arraignment and Trial of Insane Person.
74.-(1.) If an accused person appears, either before or on arraignment, to be insane, the Court may order a jury to be empanelled to try the sanity of such person, and the jury shall thereupon, after hearing evidence for that purpose, find whether such person is or is not insane and unfit to take his trial.
appears, on arraignment or during trial, to be insane.
person found guilty, but
(2.) If, during the trial of an accused person, such person appears, after the hearing of evidence to that effect or otherwise, to be charged with the indictment to be insane, the Court shall in such case direct the jury to abstain from finding a verdict upon the indictment and, in lieu thereof, to return a verdict that such person is insane: Provided that a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he was indicted in case he subsequently becomes of sound mind.
Special verdict
75. Where in an indictment any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane, so as not to be responsible, according to law, for his actions at the time when the act was done or the omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused person was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did or made the same.
of act or omission charged. 46 & 47 Vict. c. 88 s. 2 (1.).
Provision for
accused person
76.- (1.) Where any person is found to be insane under the provisions custody of accused person of section 74 or has a special verdict found against him under the provisions of the last preceding section, the Court shall direct the finding of the jury to be recorded, and thereupon the Court may order such person to be detained in safe custody, in such place and manner as the Court thinks fit, until Her Majesty's pleasure shall be known.
436
pensation to person de- frauded or injured by
No. 9.] THE ORDINANCES OF HONGKONG: [A.D. 1899
viction of any person for an indictable offence, to award any sum money, not exceeding five hundred dollars, by way of satisfaction commission of compensation for any loss of property suffered by the applicant throu
or by means of the said offence.
indictable
offence.
33 & 34 Fict. c. 23 a. 4.
Procedure
person
(2.) The amount awarded for such satisfaction or compensation chalk be deemed a judgment debt due to the person entitled to receive the same from the person so convicted, and the order for payment of such amount may be enforced in such and the same manner as in the case any costs or expenses ordered by the Court to be paid under the preceding section.
Arraignment and Trial of Insane Person.
74.-(1.) If an accused person appears, either before or on arraigne where accused ment, to be insane, the Court may order a jury to be empanelled
the sanity of such person, and the jury shall thereupon, after hearing, evidence for that purpose, find whether such person is or is not insane and unfit to take his trial.
appears, on arraignment or during trial, to be insane.
person found guilty, but
(2.) If, during the trial of an accused person, such person appeara after the hearing of evidence to that effect or otherwise, to the charged with the indictment to be insane, the Court shall in such case direct the jury to abstain from finding a verdict upon the indictment and, in lieu thereof, to return a verdict that such person is insane: Pro- vided that a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he was indicted in case he subsequently becomes of sound mind..
Special verdict
75. Where in an indictment any act or omission is charged against where accused any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane, so as not to be responsible, insane at time according to law, for his actions at the time when the act was done or the omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused person was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did or made the same.
of act or omission charged. 46 & 47 Vict. c. 88 s. 2 (1.).
Provision for
cused person
76.- (1.) Where any person is found to be insane under the provisions custody of ac- of section 74 or has a special verdict found against him under the pro- found insane. visions of the last preceding section, the Court shall direct the findin Ib. s. 2 (2.).
of the jury to be recorded, and thereupon the Court may order such. person to be detained in safe custody, in such place and manner as the Court thinks fit, until Her Majesty's pleasure shall be known.
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