1988 Ed.]
Criminal Procedure
[CAP. 221
35
"the prescribed period” means the period expiring not less than 10 days prior to the commencement of the trial or in relation to proceedings transferred to the court under section 4 of the Complex Commercial Crimes Ordinance (Cap.394), such period as may be prescribed by the judge at the trial. (Amended, 57 of 1988, s.30)
(9) In computing the prescribed period there shall be disregarded any day which is a general holiday under the Holidays Ordinance (Cap.149).
(Added, 5 of 1971, s.6) [cf. U.K. 1967 c.80, s.11]
Proof of sexual intercourse
65E. Where in any criminal proceedings it is necessary to prove sexual intercourse, it shall not be necessary to prove the completion of the intercourse by the emission of seed, but intercourse shall be deemed complete upon proof of penetration only.
(Added, 1 of 1978, s.8)
Case punishable on summary conviction
Procedure where person is committed for trial through error
66. (1) If, either before or during the trial of an accused person, it appears to the court that such person has been guilty of an offence punishable only on summary conviction, the court may either order that the case shall be remitted to a magistrate with such directions as it may think proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a magistrate and as the court may deem proper. (Amended, 5 of 1924, Schedule)
(2) It shall be the duty of the magistrate to whom any such directions are addressed to obey the same.
Verdict and judgment
Effect of acquittal of co-conspirator
66A. A person shall not be entitled to be acquitted of the offence of conspiracy for the reason only that the only other person or persons with whom he is alleged, in the indictment or charge sheet, to have entered into that conspiracy are or have been acquitted.
(Added, 47 of 1983, s.2)
Special provision for saving validity of verdict in cases of larceny, etc.
67. (1) No verdict of any jury against any person, and no sentence of the court on any person, who is found guilty of larceny, embezzlement, fraudulent application or disposition of anything, or obtaining anything by false pretences shall be set aside or reversed, if on the trial there was evidence to prove that such person committed any one of such offences.
1988 Ed.]
Criminal Procedure
[CAP. 221
35
"the prescribed period” means the period expiring not less than 10 days prior to the commencement of the trial or in relation to proceedings transferred to the court under section 4 of the Complex Commercial Crimes Ordinance (Cap. 394), such period as may be prescribed by the judge at the trial. (Amended, 57 of 1988, s. 30)
(9) In computing the prescribed period there shall be disregarded any day which is a general holiday under the Holidays Ordinance (Cap. 149).
(Added, 5 of 1971, s. 6) [cf. U.K. 1967 c. 80, s. 11]
J
Proof of sexual intercourse
65E. Where in any criminal proceedings it is necessary to prove sexual intercourse, it shall not be necessary to prove the completion of the intercourse by the emission of seed, but intercourse shall be deemed complete upon proof of penetration only.
(Added, I of 1978, s. 8)
Case punishable on summary conviction
Procedure where person is committed for trial through error
66. (1) If, either before or during the trial of an accused person, it appears to the court that such person has been guilty of an offence punishable only on summary conviction, the court may either order that the case shall be remitted to a magistrate with such directions as it may think proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a magistrate and as the court may deem proper. (Amended, 5 of 1924, Schedule)
(2) It shall be the duty of the magistrate to whom any such directions are addressed to obey the same.
Verdict and judgment
Effect of acquittal of co-conspirator
66A. A person shall not be entitled to be acquitted of the offence of conspiracy for the reason only that the only other person or persons with whom he is alleged, in the indictment or charge sheet, to have entered into that conspiracy are or have been acquitted.
(Added, 47 of 1983, s. 2)
Special provision for saving validity of verdict in cases of larceny, etc.
6/9055
67. (1) No verdict of any jury against any person, and no sentence of the court on any person, who is found guilty of larceny, embezzlement, fraudulent application or disposition of anything, or obtaining anything by false pretences shall be set aside or reversed, if on the trial there was evidence to prove that such person committed any one of such offences.
No comments yet.
Private notes are available after approval.