hongkong-colonial-ordinances-1847 — Page 101

COLONIA
L NCES
32 ORDINA .


Custody of the said Prisoner as to the Court shall seem just and
proper ; and if he or she shall be found of Sound Mind, the Court
shall proceed with the Trial of the said Prisoner.

Amendment of Indict- IV. And be it further enacted and ordained, That before the
ment or Information.
Jury are charged with the Trial of any Prisoner, or during the
Progress of any such Trial, it shall be lawful for the Court to amend
the Indictment or Information in any matter of Form not calculated
to prejudice or mislead the Prisoner in his or her Defence.

Judgment not to be V. And be it further enacted and ordained, That no Judgment
upon
Objections arisingupon upon any Indictment or Information, whether after Verdict of the
record. Jury, or upon Confession of the Prisoner, or otherwise, shall be stayed
or reversed, except for Objections arising upon the Face of the Record,
and whereby the Proceedings thereon are rendered erroneous or
defective.


Judgment not to be VI. And be it further enacted and ordained, That no such
reversed
Averments forof
Want of Judgment shall be stayed or reversed for Want of the Averment of
Imma-
terial Matters, &c. any Matter unnecessary to be proved ; nor because any Person or
Persons mentioned in the Indictment or Information, is or are
designated by Name of Office or other descriptive Appellation, instead
of his or their proper Name or Names ; nor for omitting to state, or
erroneously stating, the Time or Place at which the Offence was
committed in any case in which Time or Place is not of the Essence
of the Offence ; Provided that the Court shall appear by the Indictment
or Information to have had Jurisdiction in the Case ; nor on the
Ground of any Objection to the Form or Relevancy of the Indictment
or Information which, if stated before the Jury were impanelled, or
during the Progress of the Trial, might have been amended by the
Court ; nor because of any Error committed in summoning or swearing
the Jury, or any of them ; nor because any Person who has served
upon the Jury has not been returned by the Sheriff ; nor because of
any Objection which might have been stated as a Ground of Challenge
of any of the Jurors , except the Objection of Minority ; nor for any
Informality in Swearing the Witnesses, or any of them.

Interpretation clause. VII. And be it further enacted and ordained , That in the
Construction of this Ordinance, wherever, in describing any Person
or Party, Matter or Thing, the Word importing the Singular Number
or the Masculine Gender only is used, the same shall be understood
to include, and shall he applied to , Several Persons or Parties as well
as One Person or Party, and Females as well as Males, and Several
Matters or Things as well as One Matter or Thing respectively, unless
there be something in the Subject or Context repugnant to such
Construction.
JOHN FRANCIS DAVIS,
Governor, &c. &c.

Passed the Legislative Council of Hongkong,
this 19th Day of August, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.