1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

128

CRIMINAL PROCEDURE.

No. 9 of 1899.

927

possession of the accused person other property stolen within the preceding period of 12 months, and such evidence may be taken into consideration for the purpose of proving that the accused person knew the property in respect of which he is then being tried to be stolen.

(2) Where, on the trial of any person for having received property knowing it to be stolen or for having in his possession stolen property, evidence has been given that the stolen property was found in his possession, then, if the accused person has, within 5 years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given, and may be taken into consideration for the purpose of proving that the accused person knew the property which was found in his possession to have been stolen; provided that not less than 7 days' notice in writing has been given to the accused person that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the accused person.

65. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the Judge's notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, 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 that the case shall be remitted to a Magistrate with such directions as it may think 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.

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...

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128 CRIMINAL PROCEDURE. No. 9 of 1899. 927 possession of the accused person other property stolen within the preceding period of 12 months, and such evidence may be taken into consideration for the purpose of proving that the accused person knew the property in respect of which he is then being tried to be stolen. (2) Where, on the trial of any person for having received property knowing it to be stolen or for having in his possession stolen property, evidence has been given that the stolen property was found in his possession, then, if the accused person has, within 5 years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given, and may be taken into consideration for the purpose of proving that the accused person knew the property which was found in his possession to have been stolen; provided that not less than 7 days' notice in writing has been given to the accused person that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the accused person. 65. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the Judge's notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, 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 that the case shall be remitted to a Magistrate with such directions as it may think 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. 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...
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128 uit ipt ble ce re `S- ömsmymea ›n 3- 1 CRIMINAL PROCEDURE. No. 9 of 1899. 927 possession of the accused person other property stolen within the preceding period of 12 months, and such evidence may be taken · into consideration for the purpose of proving that the accused person knew the property in respect of which he is then being tried to be stolen. (2) Where, on the trial of any person for having received pro- perty knowing it to be stolen or for having in his possession stolen property, evidence has been given that the stolen property was found in his possession, then, if the accused person has, within 5 years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given, and may be taken into consideration for the purpose of proving that the accused person knew the property which was found in his possession to have been stolen; provided that not less than 7 days' notice in writing has been given to the acensed person that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indict- ment the previous conviction of the accused person. 65. On the trial of an issue on a plea of autrefois convict or Proof on trial autrefois acquit, the depositions transmitted to the Registrar or of plea of autrefois Attorney General on the former trial, together with the Judge's convict or acquit. notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence. to prove or disprove the identity of the charges. Case punishable on Summary Conviction. where person 66.—(1) If, either before or during the trial of an accused person, Procedure it appears to the Court that such person has been guilty of an is committed offence punishable on summary conviction, the Court may either for trial through. order that the case shall be remitted to a Magistrate with such error. directions as it may think proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as night 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. Verdict and Judgment. 67.-(1) No verdict of any jury against any person, and no sen- Special tence of the Court on any person, who is found guilty of larceny, provision for saving
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128

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1

CRIMINAL PROCEDURE.

No. 9 of 1899.

927

possession of the accused person other property stolen within the preceding period of 12 months, and such evidence may be taken · into consideration for the purpose of proving that the accused person knew the property in respect of which he is then being tried to be stolen.

(2) Where, on the trial of any person for having received pro- perty knowing it to be stolen or for having in his possession stolen property, evidence has been given that the stolen property was found in his possession, then, if the accused person has, within 5 years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given, and may be taken into consideration for the purpose of proving that the accused person knew the property which was found in his possession to have been stolen; provided that not less than 7 days' notice in writing has been given to the acensed person that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indict- ment the previous conviction of the accused person.

65. On the trial of an issue on a plea of autrefois convict or Proof on trial autrefois acquit, the depositions transmitted to the Registrar or of plea of autrefois Attorney General on the former trial, together with the Judge's convict or

acquit. notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence. to prove or disprove the identity of the charges.

Case punishable on Summary Conviction.

where person

66.—(1) If, either before or during the trial of an accused person, Procedure it appears to the Court that such person has been guilty of an is committed offence punishable on summary conviction, the Court may either for trial

through. order that the case shall be remitted to a Magistrate with such error. directions as it may think proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as night 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.

Verdict and Judgment.

67.-(1) No verdict of any jury against any person, and no sen- Special tence of the Court on any person, who is found guilty of larceny, provision for

saving

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