1923_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

900

Prohibition

of staying or reversal of

No. 9 of 1899.

CRIMINAL PROCEDURE.

68. No judgment shall be stayed or reversed-

(1) on the ground of any defect which, if pointed out before judgment or the jury were empanelled or during the progress of the trial, might have been amended by the court; or

specified grounds.

*

Cumulative sentences, e. 28, s. 10.

(2) because of any error committed in summoning or swearing the jury or any of them; or

(3) because any person who has served on the jury has not been returned by the Registrar; or

(4) because of any objection which might have been stated as a ground of challenge of any of the jurors; or

(5) because of any informality in swearing the witnesses or any of them.

69. Where the court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or has been at the same session of the court sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprisonment shall commence at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo, as aforesaid.

Abolition of attainder.

70. No confession, verdict, inquest, conviction, or judgment of or for any treason or felony or felo de se shall cause any attainder or corruption of blood or any forfeiture or escheat.

Calling upon the accused after verdict declared

71. It shall not be necessary in any case whatsoever when a verdict of guilty has been returned by the jury to ask the accused whether he has anything to say why judgment should not be given against him, but upon a verdict of guilty being returned by the jury in any case it shall be lawful for the judge, failing any motion in arrest of judgment, forthwith to pass sentence upon the accused.

Court may award costs against person convicted of indictable offence.

Costs and compensation.

72.--(1) It shall be lawful for the court, on the conviction of any person for an indictable offence, in addition to such sentence as may otherwise by law be passed, to condemn such person to the payment of the whole or any part of the costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted.

33 & 34 Vict. c. 23, s. 3.

* As amended by Law Rev. Ord., 1924.

As amended by No. 10 of 1921 and Law Rev. Ord., 1924, (the original s. 71 having been renumbered s. 41A),

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900 Prohibition of staying or reversal of No. 9 of 1899. CRIMINAL PROCEDURE. 68. No judgment shall be stayed or reversed- (1) on the ground of any defect which, if pointed out before judgment or the jury were empanelled or during the progress of the trial, might have been amended by the court; or specified grounds. * Cumulative sentences, e. 28, s. 10. (2) because of any error committed in summoning or swearing the jury or any of them; or (3) because any person who has served on the jury has not been returned by the Registrar; or (4) because of any objection which might have been stated as a ground of challenge of any of the jurors; or (5) because of any informality in swearing the witnesses or any of them. 69. Where the court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or has been at the same session of the court sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprisonment shall commence at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo, as aforesaid. Abolition of attainder. 70. No confession, verdict, inquest, conviction, or judgment of or for any treason or felony or felo de se shall cause any attainder or corruption of blood or any forfeiture or escheat. Calling upon the accused after verdict declared 71. It shall not be necessary in any case whatsoever when a verdict of guilty has been returned by the jury to ask the accused whether he has anything to say why judgment should not be given against him, but upon a verdict of guilty being returned by the jury in any case it shall be lawful for the judge, failing any motion in arrest of judgment, forthwith to pass sentence upon the accused. Court may award costs against person convicted of indictable offence. Costs and compensation. 72.--(1) It shall be lawful for the court, on the conviction of any person for an indictable offence, in addition to such sentence as may otherwise by law be passed, to condemn such person to the payment of the whole or any part of the costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted. 33 & 34 Vict. c. 23, s. 3. * As amended by Law Rev. Ord., 1924. As amended by No. 10 of 1921 and Law Rev. Ord., 1924, (the original s. 71 having been renumbered s. 41A),
Baseline (Original)
900 Prohibition of staying or reversal of No. 9 of 1899. CRIMINAL PROCEDURE. 68. No judgment shall be stayed or reversed- (1) on the ground of any defect which, if pointed out before judgment on the jury were empanelled or during the progress of the trial, might have been amended by the court; or specified grounds. * Cumulative sentences, e. 28, s. 10. (2) because of any error committed in summoning or swearing the jury or any of them ; or (3) because any person who has served on the jury has not been returned by the Registrar; or (-4) because of any objection which might have been stated as a ground of challenge of any of the jurors; or (5) because of any informality in swearing the witnesses or any of them. 69. Where the court sentences any person to undergo a 7 & 8 Geo. 1, term of imprisonment for an offence, and such person is already undergoing, or has been at the same session of the court sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprison- ment shall commence at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo, as aforesaid. Abolition of attainder. 70. No confession, verdict, inquest, conviction, or judgment 33 & 34 Vict. of or for any treason or felony or felo de se shall cause any c. 23, s. l. attainder or corruption of blood or any forfeiture or escheat. Calling upon the accused after verdict declared 71. It shall not be necessary in any case whatsoever when a verdict of guilty has been returned by the jury to ask the accused whether he has anything to say why judgment unnecessary should not be given against him, but upon a verdict of guilty being returned by the jury in any case it shall be lawful for the judge, failing any motion in arrest of judgment, forth- with to pass sentence upon the accused. t Court may award costs against per- Costs and compensation. 72.--(1) It shall be lawful for the court, on the conviction of any person for an indictable offence, in addition to such son convicted sentence as may otherwise by law be passed, to condemn of indictable such person to the payment of the whole or any part of the Costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted. offence. 33 & 34 Vict. c. 23, s. 3. * As amended by Law Rev, Ord., 1924. As amended by No. 10 of 1921 and Law Rev. Ord., 1924, (the original s. 71 having been renumbered s. 41A),
2026-05-03 08:57:54 · Baseline
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900

Prohibition

of staying or reversal of

No. 9 of 1899.

CRIMINAL PROCEDURE.

68. No judgment shall be stayed or reversed-

(1) on the ground of any defect which, if pointed out before judgment on the jury were empanelled or during the progress of the trial,

might have been amended by the court; or

specified

grounds.

*

Cumulative

sentences,

e. 28, s. 10.

(2) because of any error committed in summoning or swearing the jury or any of them ; or

(3) because any person who has served on the jury has not been returned by the Registrar; or

(-4) because of any objection which might have been stated as a ground of challenge of any of the jurors; or

(5) because of any informality in swearing the witnesses or any of them.

69. Where the court sentences any person to undergo a 7 & 8 Geo. 1, term of imprisonment for an offence, and such person is already undergoing, or has been at the same session of the court sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprison- ment shall commence at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo, as aforesaid.

Abolition of attainder.

70. No confession, verdict, inquest, conviction, or judgment 33 & 34 Vict. of or for any treason or felony or felo de se shall cause any c. 23, s. l.

attainder or corruption of blood or any forfeiture or escheat.

Calling upon the accused after verdict declared

71. It shall not be necessary in any case whatsoever when a verdict of guilty has been returned by the jury to ask the accused whether he has anything to say why judgment unnecessary should not be given against him, but upon a verdict of guilty being returned by the jury in any case it shall be lawful for the judge, failing any motion in arrest of judgment, forth- with to pass sentence upon the accused.

t

Court may award costs

against per-

Costs and compensation.

72.--(1) It shall be lawful for the court, on the conviction of any person for an indictable offence, in addition to such son convicted sentence as may otherwise by law be passed, to condemn of indictable such person to the payment of the whole or any part of the Costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted.

offence.

33 & 34 Vict.

c. 23, s. 3.

* As amended by Law Rev, Ord., 1924.

As amended by No. 10 of 1921 and Law Rev. Ord., 1924, (the original s. 71 having been renumbered s. 41A),

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