1923_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 12

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

895

47. Where any person against whom an indictment has been duly preferred, and who is then at large, does not appear to plead to such indictment, whether he is under recognizance to appear or not, the court may issue a warrant for his apprehension.

48. Outlawry in criminal cases shall be abolished.

Abolition of outlawry.

49. If the accused person is at the time confined for some other cause in any prison, the court or a judge may, by order in writing, without writ of habeas corpus, direct the Superintendent of Prisons to bring up the body of such person, as often as may be required, for the purpose of the trial, and the Superintendent of Prisons shall obey such order.

Arraignment.

30 & 31 Vict.

50.—(1) The accused person shall be placed at the bar unfettered and not in prison clothes, unless the court sees cause to direct otherwise.

(2) The indictment shall then be read over to him by the Registrar, and explained, if necessary, by the Registrar or the interpreter of the court; and he shall be required to plead instantly thereto, unless he objects to the want of due service of the indictment and notice of trial, and the court finds that he has not been duly served therewith.

51. The accused person, on being arraigned, by pleading generally the plea of not guilty, shall, by such plea, without further form, be deemed to have put himself upon the country for trial.

Effect of plea of not guilty.

52. If an accused person, on being arraigned, stands mute of malice or will not answer directly to the indictment, the court shall, if it thinks fit, order the Registrar to enter on a plea of not guilty on behalf of such accused person; and the plea so entered shall have the same force and effect as if such accused person had actually pleaded the same.

Procedure where the accused person on arraignment does not answer directly.

53. Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment.

* See also No. 4 of 1901.

As amended by Law Rev. Ord., 1921.

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CRIMINAL PROCEDURE. No. 9 of 1899. 895 47. Where any person against whom an indictment has been duly preferred, and who is then at large, does not appear to plead to such indictment, whether he is under recognizance to appear or not, the court may issue a warrant for his apprehension. 48. Outlawry in criminal cases shall be abolished. Abolition of outlawry. 49. If the accused person is at the time confined for some other cause in any prison, the court or a judge may, by order in writing, without writ of habeas corpus, direct the Superintendent of Prisons to bring up the body of such person, as often as may be required, for the purpose of the trial, and the Superintendent of Prisons shall obey such order. Arraignment. 30 & 31 Vict. 50.—(1) The accused person shall be placed at the bar unfettered and not in prison clothes, unless the court sees cause to direct otherwise. (2) The indictment shall then be read over to him by the Registrar, and explained, if necessary, by the Registrar or the interpreter of the court; and he shall be required to plead instantly thereto, unless he objects to the want of due service of the indictment and notice of trial, and the court finds that he has not been duly served therewith. 51. The accused person, on being arraigned, by pleading generally the plea of not guilty, shall, by such plea, without further form, be deemed to have put himself upon the country for trial. Effect of plea of not guilty. 52. If an accused person, on being arraigned, stands mute of malice or will not answer directly to the indictment, the court shall, if it thinks fit, order the Registrar to enter on a plea of not guilty on behalf of such accused person; and the plea so entered shall have the same force and effect as if such accused person had actually pleaded the same. Procedure where the accused person on arraignment does not answer directly. 53. Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment. * See also No. 4 of 1901. As amended by Law Rev. Ord., 1921.
Baseline (Original)
! ! CRIMINAL PROCEDURE. No. 9 of 1899. 895 person not 47. Where any person against whom an indictment has Apprehension been duly preferred, and who is then at large, does not of accused appear to plead to such indictment, whether he is under appearing. recognizance to appear or not, the court may issue a warrant for his apprehension. 48. Outlawry in criminal cases shall be abolished. Abolition of outlawry. * person in 49. If the accused person is at the time confined for some Bringing up other cause in any prison, the court or a judge may, by order of accused in writing, without writ of habeas corpus, direct the custody for Superintendent of Prisons to bring up the body of such other cause. person, as often as may be required, for the purpose of the c. 35, s. 10. trial, and the Superintendent of Prisons shall obey such order. Arraignment. 30 & 31 Vict. 50.---(1) The accused person shall be placed at the bar Arraignment unfettered and not in prison clothes, unless the court sees cause to direct otherwise. (2) The indictment shall then be read over to him by the Registrar, and explained, if necessary, by the Registrar or the interpreter of the court; and he shall be required to plead instantly thereto, unless he objects to the want of due service of the indictment and notice of trial, and the court finds that he has not been duly served therewith. of accused person. 51. The accused person, on being arraigned, by pleading Effect of generally the plea of not guilty, shall, by such plea, without plea of not further form, be deemed to have put himself guilty. upon the country for trial. accused 52. If an accused person, on being arraigned, stands Procedure mute of malice or will not answer directly to the indictment, where the court shall, if it thinks fit, order the Registrar to enter person on a plea of not guilty on behalf of such accused person; and arraignment. the plea so entered shall have the same force and effect as if answer such accused person had actually pleaded the same. does not directly. 53. Where an indictment contains a count charging the Procedure on accused person with having been previously convicted, he indictment. shall not, at the time of his arraignment, be required to count plead to it unless he pleads guilty to the rest of the indict- charging * See also No. 4 of 1901. As amended by Law Rev, Ord., 1921. containing previous conviction.
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CRIMINAL PROCEDURE.

No. 9 of 1899.

895

person not

47. Where any person against whom an indictment has Apprehension been duly preferred, and who is then at large, does not of accused appear to plead to such indictment, whether he is under appearing. recognizance to appear or not, the court may issue a warrant for his apprehension.

48. Outlawry in criminal cases shall be abolished.

Abolition of outlawry.

*

person in

49. If the accused person is at the time confined for some Bringing up other cause in any prison, the court or a judge may, by order of accused in writing, without writ of habeas corpus, direct the custody for Superintendent of Prisons to bring up the body of such other cause. person, as often as may be required, for the purpose of the c. 35, s. 10. trial, and the Superintendent of Prisons shall obey such order.

Arraignment.

30 & 31 Vict.

50.---(1) The accused person shall be placed at the bar Arraignment unfettered and not in prison clothes, unless the court sees cause to direct otherwise.

(2) The indictment shall then be read over to him by the Registrar, and explained, if necessary, by the Registrar or the interpreter of the court; and he shall be required to plead instantly thereto, unless he objects to the want of due service of the indictment and notice of trial, and the court finds that he has not been duly served therewith.

of accused

person.

51. The accused person, on being arraigned, by pleading Effect of generally the plea of not guilty, shall, by such plea, without plea of not further form, be deemed to have put himself

guilty. upon the country for trial.

accused

52. If an accused person, on being arraigned, stands Procedure mute of malice or will not answer directly to the indictment, where the court shall, if it thinks fit, order the Registrar to enter person on a plea of not guilty on behalf of such accused person; and arraignment. the plea so entered shall have the same force and effect as if answer such accused person had actually pleaded the same.

does not

directly.

53. Where an indictment contains a count charging the Procedure on accused person with having been previously convicted, he indictment. shall not, at the time of his arraignment, be required to count plead to it unless he pleads guilty to the rest of the indict- charging

* See also No. 4 of 1901.

As amended by Law Rev, Ord., 1921.

containing

previous

conviction.

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