RSIT
UNIV.
OF HONG
KONG
6
Indictment Rules
[CAP. 221
INDICTMENT RULES
(Cap. 221, section 9)
C1
[Subsidiary]
L.N. 160/76.
*
LAW
LIBRARY
[9th July, 1976.]
1. These rules may be cited as the Indictment Rules.
2. (1) An indictment shall be in the form set out in the Schedule or in a form substantially to the like effect.
(2) Where more than one offence is charged in an indictment, the statement and particulars of each offence shall be set out in a separate paragraph called a count, and rules 3 and 4 shall apply to each count in the indictment as they apply to an indictment where one offence is charged.
(3) The counts shall be numbered consecutively.
3. (1) Subject to rule 4, every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence with which the accused is charged describing the offence shortly, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2) An indictment for a specific offence shall not be open to objection in respect of its form if it is framed in accordance with a form of indictment for that offence which has been approved by the Chief Justice.
(3) Notwithstanding paragraph (1), a judge may order further particulars of an offence stated in an indictment to be delivered in any case in which he deems it expedient to do so.
4. Where the specific offence with which an accused person is charged in an indictment is one created by or under an Ordinance or imperial enactment, then, without prejudice to the generality of rule 3—
(a) the statement of offence shall contain a reference to the provision in the Ordinance or imperial enactment creating the offence;
(b) the particulars shall disclose the essential elements of the offence:
Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to disclose it; and
(c) it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.
Citation.
Basic form of indictment. Schedule.
Statement of offence in indictment.
Indictment for specific statutory offence.
RSIT
UNIV.
OF HONG
KONG
6
Indictment Rules
[CAP. 221
INDICTMENT RULES
(Cap. 221, section 9)
C1
[Subsidiary]
L.N. 160/76.
*
LAW
LIBRARY
[9th July, 1976.]
1. These rules may be cited as the Indictment Rules.
2. (1) An indictment shall be in the form set out in the Schedule or in a form substantially to the like effect.
(2) Where more than one offence is charged in an indictment, the statement and particulars of each offence shall be set out in a separate paragraph called a count, and rules 3 and 4 shall apply to each count in the indictment as they apply to an indictment where one offence is charged.
(3) The counts shall be numbered consecutively.
3. (1) Subject to rule 4, every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence with which the accused is charged describing the offence shortly, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2) An indictment for a specific offence shall not be open to objection in respect of its form if it is framed in accordance with a form of indictment for that offence which has been approved by the Chief Justice.
(3) Notwithstanding paragraph (1), a judge may order further particulars of an offence stated in an indictment to be delivered in any case in which he deems it expedient to do so.
4. Where the specific offence with which an accused person is charged in an indictment is one created by or under an Ordinance or imperial enactment, then, without prejudice to the generality of rule 3-
(a) the statement of offence shall contain a reference to the provision in the Ordinance or imperial enactment creating the offence;
(b) the particulars shall disclose the essential elements of the
offence:
Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to disclose it; and
(c) it shall not be necessary to specify or negative an exception,
exemption, proviso, excuse or qualification.
Citation.
Basic form of indictment. Schedule.
Statement of offence in indictment.
Indictment for specific statutory offence.
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