1950_INDICTMENT_RULES — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 221]

[r. 1 cont.]

Appendix.

Provision as to statutory offences.

Description of property.

Criminal Procedure.

(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.

(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language in which the use of technical terms shall not be necessary:

Provided that, where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.

(5) The forms set out in the Appendix or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.

(6) Where an indictment contains more than one count the counts shall be numbered consecutively.

2.

(1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters, stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary in any count charging a statutory offence to negative any exception or exemption from or qualification to the operation of the statute creating the offence.

3. (1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to,

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CAP. 221] [r. 1 cont.] Appendix. Provision as to statutory offences. Description of property. Criminal Procedure. (3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence. (4) After the statement of the offence, particulars of such offence shall be set out in ordinary language in which the use of technical terms shall not be necessary: Provided that, where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required. (5) The forms set out in the Appendix or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. (6) Where an indictment contains more than one count the counts shall be numbered consecutively. 2. (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters, stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. (2) It shall not be necessary in any count charging a statutory offence to negative any exception or exemption from or qualification to the operation of the statute creating the offence. 3. (1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, 58-
Baseline (Original)
CAP. 221] [r. 1 cont.] Appendix. Provision as to statutory offences. Description of property. Criminal Procedure. (3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence. (4) After the statement of the offence, particulars of such offence shall be set out in ordinary language in which the use of technical terms shall not be necessary : Provided that, where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required. (5) The forms set out in the Appendix or forms con- forming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. (6) Where an indictment contains more than one count the counts shall be numbered consecutively. 2. (1) Where an enactment constituting an offence states the offence to be the doing or the ommission to do any one of any different acts in the alternative, or the doing or the ommission to do any act in any one of any different capacities, or with any one of any different, intentions or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters, stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. (2) It shall not be necessary in any count charging a statutory offence to negative any exception or exemption. from or qualification to the operation of the statute creating. the offence. 3. (1) The description of property in a count in an indictment shall be in ordinary language and such as to in- dicate with reasonable clearness the property referred to, 58-
2026-05-03 21:30:09 · Baseline
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CAP. 221]

[r. 1 cont.]

Appendix.

Provision as to statutory offences.

Description of property.

Criminal Procedure.

(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.

(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language in which the use of technical terms shall not be necessary :

Provided that, where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.

(5) The forms set out in the Appendix or forms con- forming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.

(6) Where an indictment contains more than one count the counts shall be numbered consecutively.

2.

(1) Where an enactment constituting an offence states the offence to be the doing or the ommission to do any one of any different acts in the alternative, or the doing or the ommission to do any act in any one of any different capacities, or with any one of any different, intentions or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters, stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary in any count charging a statutory offence to negative any exception or exemption. from or qualification to the operation of the statute creating. the offence.

3. (1) The description of property in a count in an indictment shall be in ordinary language and such as to in- dicate with reasonable clearness the property referred to,

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