1988 Ed.]
Criminal Procedure
[CAP. 221
65
92-94. [Repealed, 5 of 1971, s. 7]
PART VI
MISCELLANEOUS
Negative averments
Negative averments
94A. (1) It shall not be necessary in an indictment, charge, complaint or information alleging an offence to negative any exception or exemption from or qualification to the operation of the law creating the offence.
(2) For the avoidance of doubt it is hereby declared that in criminal proceedings--
(a) it is not necessary for the prosecution to negative by evidence any matter to which this subsection applies; and
(b) the burden of proving the same lies on the person seeking to avail himself thereof.
(3) This section applies to criminal proceedings in the District Court or a magistrate's court.
(4) The matters to which subsection (2) applies are any licence, permit, certificate, authorization, permission, lawful or reasonable authority, purpose, cause or excuse, exception, exemption, qualification or other similar matter.
(Added, 5 of 1971, s. 8)
Ownership of property
Mode of stating ownership of property of partners, etc.
95. (1) Where, in any document in any proceeding under this Ordinance, it is necessary to state the ownership of any property which belongs to or is in possession of more than one person, it shall be sufficient to name one of such persons and to state such property to belong to the person so named and another or others, as the case may be.
(2) Where, in any such document, it is necessary to mention, for any purpose whatsoever, any partners or other joint owners or possessors, it shall be sufficient to describe them in manner aforesaid.
(3) The provisions of this section shall be construed to extend to all joint-stock companies and associations, societies, and trustees.
[cf. U.K. 1826 c. 64, s. 14]
Mode of stating ownership of church, etc.
96. Where, in any such document, it is necessary to state the ownership of any church, chapel, or building set apart for religious worship, or of anything belonging to or being in the same, it shall be sufficient to state that such church, chapel, or building, or such thing is the property of the clergyman, or of the
1988 Ed.]
Criminal Procedure
[CAP. 221
65
92-94. [Repealed, 5 of 1971, s. 7]
PART VI
MISCELLANEOUS
Negative averments
Negative averments
94A. (1) It shall not be necessary in an indictment, charge, complaint or information alleging an offence to negative any exception or exemption from or qualification to the operation of the law creating the offence.
(2) For the avoidance of doubt it is hereby declared that in criminal proceedings--
(a) it is not necessary for the prosecution to negative by evidence any
matter to which this subsection applies; and
(b) the burden of proving the same lies on the person seeking to avail
himself thereof.
(3) This section applies to criminal proceedings in the District Court or a magistrate's court.
(4) The matters to which subsection (2) applies are any licence, permit, certificate, authorization, permission, lawful or reasonable authority, purpose, cause or excuse, exception, exemption, qualification or other similar matter.
( Added, 5 of 1971, s. 8)
Ownership of property
Mode of stating ownership of property of partners, etc.
95. (1) Where, in any document in any proceeding under this Ordinance, it is necessary to state the ownership of any property which belongs to or is in possession of more than one person, it shall be sufficient to name one of such persons and to state such property to belong to the person so named and another or others, as the case may be.
(2) Where, in any such document, it is necessary to mention, for any purpose whatsoever, any partners or other joint owners or possessors, it shall be sufficient to describe them in manner aforesaid.
(3) The provisions of this section shall be construed to extend to all joint-stock companies and associations, societies, and trustees.
[cf. U.K. 1826 c. 64, s. 14]
Mode of stating ownership of church, etc.
96. Where, in any such document, it is necessary to state the ownership of any church, chapel, or building set apart for religious worship, or of anything belonging to or being in the same, it shall be sufficient to state that such church, chapel, or building, or such thing is the property of the clergyman, or of the
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