1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

916

No. 9 of 1899.

Allegation in case of offence committed on high seas or in foreign parts.

Averment as to money or bank note.

CRIMINAL PROCEDURE.

20. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the King shall be a sufficient allegation of the jurisdiction of the Court to hear and determine the case.

21. In any indictment in which it is necessary to make an averment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved, and, in cases of embezzling or obtaining money or bank notes by false pretences, by proof that the accused person embezzled or obtained any piece of coin or any bank note or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the person delivering the same, or to any other person, and such part has been returned accordingly.

22.—(1) In any indictment for stealing, embezzling, destroying, or concealing, or for obtaining by false pretences, any instrument, [14 & 15 Vict. c. 100 ss. 5, 7.] it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof, or otherwise describing the same or the value thereof.

Description of instrument in indictment.

(2) In all other cases where it is necessary to make an averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.

23. In any indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly, taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence with which the accused person is charged and by what Court or before whom the oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing is or was taken, made, signed, or subscribed, as the case may be.

* As amended by No. 51 of 1911.

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916 No. 9 of 1899. Allegation in case of offence committed on high seas or in foreign parts. Averment as to money or bank note. CRIMINAL PROCEDURE. 20. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the King shall be a sufficient allegation of the jurisdiction of the Court to hear and determine the case. 21. In any indictment in which it is necessary to make an averment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved, and, in cases of embezzling or obtaining money or bank notes by false pretences, by proof that the accused person embezzled or obtained any piece of coin or any bank note or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the person delivering the same, or to any other person, and such part has been returned accordingly. 22.—(1) In any indictment for stealing, embezzling, destroying, or concealing, or for obtaining by false pretences, any instrument, [14 & 15 Vict. c. 100 ss. 5, 7.] it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof, or otherwise describing the same or the value thereof. Description of instrument in indictment. (2) In all other cases where it is necessary to make an averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof. 23. In any indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly, taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence with which the accused person is charged and by what Court or before whom the oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing is or was taken, made, signed, or subscribed, as the case may be. * As amended by No. 51 of 1911.
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916 No. 9 of 1899. Allegation in case of offence com- mitted on high seas or in foreign parts. * Avernient as to money or bank note. CRIMINAL PROCEDURE. 20. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the King shall be a sufficient allegation of the jurisdiction of the Court to hear and determine the case. 21. In any indictment in which it is necessary to make an aver- ment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved, and, in cases of embezzling or obtaining money or bank notes by false pretences, by proof that the accused person embezzled or obtained any piece of coin or any bank note or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the person delivering the same, or to any other person, and such part has been returned accordingly. 22.-(1) In any indictment for stealing, embezzling, destroying, indictment, or concealing, or for obtaining by false pretences, any instrument, [14 & 15 Vict. it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof, or otherwise describing the same or the value thereof. Description of instrument in c. 100 ss. 5, 7.] Indictment for perjury. [ib. s. 20.] (2) In all other cases where it is necessary to make an averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof. 23. In any indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly, taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence with which the accused person is charged and by what Court or be- * As amended by No. 51 of 1911.
2026-05-03 02:17:33 · Baseline
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916

No. 9 of 1899.

Allegation in

case of offence com- mitted on

high seas or in foreign parts.

*

Avernient as

to money or bank note.

CRIMINAL PROCEDURE.

20. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the King shall be a sufficient allegation of the jurisdiction of the Court to hear and determine the case.

21. In any indictment in which it is necessary to make an aver- ment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved, and, in cases of embezzling or obtaining money or bank notes by false pretences, by proof that the accused person embezzled or obtained any piece of coin or any bank note or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the person delivering the same, or to any other person, and such part has been returned accordingly.

22.-(1) In any indictment for stealing, embezzling, destroying, indictment, or concealing, or for obtaining by false pretences, any instrument, [14 & 15 Vict. it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof, or otherwise describing the same or the value thereof.

Description

of instrument

in

c. 100 ss. 5,

7.]

Indictment for perjury. [ib. s. 20.]

(2) In all other cases where it is necessary to make an averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.

23. In any indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly, taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, petition, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence with which the accused person is charged and by what Court or be-

* As amended by No. 51 of 1911.

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