1937_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 36

HK Historical Laws 香港歷史法例 All AI Reviewed

590

No. 9 of 1899.

CRIMINAL PROCEDURE.

Recording of pardon.

Saving of prerogative of mercy.

of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the public seal.

106. (1) Whenever the Governor, in the name and on behalf of His Majesty, is pleased to grant to any offender a pardon under the public seal or to issue any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in the book to be kept by him for that purpose and to indorse such pardon or warrant with the word "Recorded" and with his signature.

(2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.

107. Subject as hereinbefore provided, nothing in this Ordinance shall affect His Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor.

Error, etc.

Prohibition of proceeding in error.

[24.3.33.]

Interpretation of reference to information.

Repeal of rules and orders.

108. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance.

[s. 109, rep. No. 5 of 1933.]

1

110. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court.

111. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever.

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590 No. 9 of 1899. CRIMINAL PROCEDURE. Recording of pardon. Saving of prerogative of mercy. of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the public seal. 106. (1) Whenever the Governor, in the name and on behalf of His Majesty, is pleased to grant to any offender a pardon under the public seal or to issue any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in the book to be kept by him for that purpose and to indorse such pardon or warrant with the word "Recorded" and with his signature. (2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same. 107. Subject as hereinbefore provided, nothing in this Ordinance shall affect His Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor. Error, etc. Prohibition of proceeding in error. [24.3.33.] Interpretation of reference to information. Repeal of rules and orders. 108. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance. [s. 109, rep. No. 5 of 1933.] 1 110. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court. 111. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever.
Baseline (Original)
590 No. 9 of 1899. CRIMINAL PROCEDURE. Recording of pardon. Saving of prerogative of mercy. of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the public seal. 106. (1) Whenever the Governor, in the name and on behalf of His Majesty, is pleased to grant to any offender a pardon under the public seal or to issue any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in the book to be kept by him for that purpose and to indorse such pardon or warrant with the word." Recorded " and with his signature. (2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same. 107. Subject as hereinbefore provided, nothing in this Ordinance shall affect His Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor. Error, etc. Prohibition of proceed- ing in error. [24.3.33.] Interpreta. tion of reference to information. Repeal of rules and orders. 108. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance. [s. 109, rep. No. 5 of 1933.] 1 110. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court. 111. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever.
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590

No. 9 of 1899.

CRIMINAL PROCEDURE.

Recording of pardon.

Saving of prerogative

of mercy.

of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the public seal.

106. (1) Whenever the Governor, in the name and on behalf of His Majesty, is pleased to grant to any offender a pardon under the public seal or to issue any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the Governor, to record such pardon or warrant in the book to be kept by him for that purpose and to indorse such pardon or warrant with the word." Recorded " and with his signature.

(2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.

107. Subject as hereinbefore provided, nothing in this Ordinance shall affect His Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor.

Error, etc.

Prohibition of proceed- ing in error.

[24.3.33.]

Interpreta. tion of

reference to information.

Repeal of rules and orders.

108. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance.

[s. 109, rep. No. 5 of 1933.]

1

110. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the

court.

111. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever.

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