1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

915

offence, he may issue a warrant to the Registrar in form 1 in the schedule, who shall thereupon by order under his hand and the seal of the Court, in form 2 in the schedule, direct the person in whose custody the prisoner may be immediately to discharge him without any fee from imprisonment in respect of the offence mentioned in such order.

Indictment.

18.—(1) Every indictment shall be signed by the Attorney General, and shall bear date on the day when it is signed.

(2) Every indictment may be in form 3 in the schedule with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case.

form of indictment.

19.-(1) Any number of counts for any offences whatever may be joined in the same indictment, and shall be sufficiently distinguished: Provided that to a count charging murder no count charging any offence other than murder shall be joined.

(2) Where there are more counts than one in an indictment, each count may be treated as a separate indictment.

(3) If the Court thinks it conducive to the ends of justice to do so, it may direct that the accused person shall be tried upon any one or more of such counts separately. Such order may be made either before or in the course of the trial, and, if it is made in the course of the trial, the jury shall be discharged from giving a verdict upon the counts on which the trial is not to proceed. The counts in the indictment which are not then tried shall be proceeded upon in all respects as if they had been contained in a separate indictment: Provided that, unless there are special reasons for so doing, no order shall be made preventing the trial at the same time of any number of distinct charges of larceny, or of embezzlement, or of larceny and embezzlement, not exceeding three alleged to have been committed within 6 months from the first to the last of such offences, whether against the same person or not.

(4) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence.

*As amended by No. 50 of 1911 and No. 8 of 1919.

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CRIMINAL PROCEDURE. No. 9 of 1899. 915 offence, he may issue a warrant to the Registrar in form 1 in the schedule, who shall thereupon by order under his hand and the seal of the Court, in form 2 in the schedule, direct the person in whose custody the prisoner may be immediately to discharge him without any fee from imprisonment in respect of the offence mentioned in such order. Indictment. 18.—(1) Every indictment shall be signed by the Attorney General, and shall bear date on the day when it is signed. (2) Every indictment may be in form 3 in the schedule with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case. form of indictment. 19.-(1) Any number of counts for any offences whatever may be joined in the same indictment, and shall be sufficiently distinguished: Provided that to a count charging murder no count charging any offence other than murder shall be joined. (2) Where there are more counts than one in an indictment, each count may be treated as a separate indictment. (3) If the Court thinks it conducive to the ends of justice to do so, it may direct that the accused person shall be tried upon any one or more of such counts separately. Such order may be made either before or in the course of the trial, and, if it is made in the course of the trial, the jury shall be discharged from giving a verdict upon the counts on which the trial is not to proceed. The counts in the indictment which are not then tried shall be proceeded upon in all respects as if they had been contained in a separate indictment: Provided that, unless there are special reasons for so doing, no order shall be made preventing the trial at the same time of any number of distinct charges of larceny, or of embezzlement, or of larceny and embezzlement, not exceeding three alleged to have been committed within 6 months from the first to the last of such offences, whether against the same person or not. (4) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence. *As amended by No. 50 of 1911 and No. 8 of 1919.
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itted y the any, lealt re- have CRIMINAL PROCEDURE. No. 9 of 1899. 915 offence, he may issue a warrant to the Registrar in form 1 in the schedule, who shall thereupon by order under his hand and the seal of the Court, in form 2 in the schedule, direct the person in whose custody the prisoner may be immediately to discharge him without any fee from imprisonment in respect of the offence mentioned in such order. Indictment. be lay, the lere vith Isue tere ›ro. 90, of çe te y 1- S الاسم กา t 18.—(1) Every indictment shall be signed by the Attorney Signing and General, and shall bear date on the day when it is signed. (2) Every indictment may be in form 3 in the schedule with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case. form of indictment. 19.-(1) Any number of counts for any offences whatever may be Joinder of joined in the same indictment, and shall be sufficiently distinguish- counts and proceedings ed: Provided that to a count charging murder no count charging thereon. any offence other than murder shall be joined. (2) Where there are more counts than one in an indictment, each count may be treated as a separate indictment. (3) If the Court thinks it conducive to the ends of justice to do so, it may direct that the accused person shall be tried upon any one or more of such counts separately. Such order may be made either before or in the course of the trial, and, if it is made in the course of the trial, the jury shall be discharged from giving a verdict upon the counts on which the trial is not to proceed. The counts in the indictment which are not then tried shall be proceeded upon in all respects as if they had been contained in a separate indictment: Provided that, unless there are special reasons for so doing, no order shall be made preventing the trial at the same time of any number of distinct charges of larceny, or of embezzlement, or of larceny and embezzlement, not exceeding three alleged to have been committed within 6 months from the first to the last of such offences, whether against the same person or not. (4) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence. *As amended by No. 50 of 1911 and No. 8 of 1919. ::
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itted y the

any,

lealt

re-

have

CRIMINAL PROCEDURE.

No. 9 of 1899.

915

offence, he may issue a warrant to the Registrar in form 1 in the schedule, who shall thereupon by order under his hand and the seal of the Court, in form 2 in the schedule, direct the person in whose custody the prisoner may be immediately to discharge him without any fee from imprisonment in respect of the offence mentioned in such order.

Indictment.

be

lay, the

lere vith

Isue

tere

›ro.

90,

of

çe

te

y

1-

S

الاسم

กา

t

18.—(1) Every indictment shall be signed by the Attorney Signing and General, and shall bear date on the day when it is signed.

(2) Every indictment may be in form 3 in the schedule with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case.

form of indictment.

19.-(1) Any number of counts for any offences whatever may be Joinder of joined in the same indictment, and shall be sufficiently distinguish- counts and

proceedings ed: Provided that to a count charging murder no count charging thereon. any offence other than murder shall be joined.

(2) Where there are more counts than one in an indictment, each count may be treated as a separate indictment.

(3) If the Court thinks it conducive to the ends of justice to do so, it may direct that the accused person shall be tried upon any one or more of such counts separately. Such order may be made either before or in the course of the trial, and, if it is made in the course of the trial, the jury shall be discharged from giving a verdict upon the counts on which the trial is not to proceed. The counts in the indictment which are not then tried shall be proceeded upon in all respects as if they had been contained in a separate indictment: Provided that, unless there are special reasons for so doing, no order shall be made preventing the trial at the same time of any number of distinct charges of larceny, or of embezzlement, or of larceny and embezzlement, not exceeding three alleged to have been committed within 6 months from the first to the last of such offences, whether against the same person or not.

(4) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence.

*As amended by No. 50 of 1911 and No. 8 of 1919.

::

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