the-ordinances-of-the-legislative-counci-1890 — Page 433

ORDINANCE No. 1 of 1858 . 397


Criminal Procedure .


No. 1 of 1858.

An Ordinance for Criminal Procedure .

[ 11th January , 1858. ]

E it enacted and ordained by His Excellency the Governor of Hongkong, with
BE the advice of the Legislative Council thereof, as follows :

1. All statements which need not be proved shall be omitted from informations Unnecessary
statements for
and indictments, and the substance of every charge shall be therein expressed without bidden.
prolixity.

2. Every information or indictment shall continue to be signed as heretofore, but Forms of inform
ation ;
shall, with such modifications as may be necessary to meet the facts of each case, be in
the following form as near as may be :

"The Attorney General charges A.B., with the murder of C.D. , [or with
having robbed, or stolen from the person of C.D. , or with a burglary in
a dwelling- house, or as the case may be] at E, on the day of
18 :

And if there be more than one count, then the second, and every subsequent count, and second
counts.
if any, shall, with the like modifications, be in the following form as near as may be :

' And also with piracy in making a revolt on board of the vessel F, or as the
case may be, [or setting fire to a dwelling -house, or as the case may be, ] at
E aforesaid [ or as the case may be] , on the day and year last aforesaid
[or as the case may be]' .

3. It shall not be competent to any prisoner or defendant to object by demurrer Demurrers or ob
jections for lack
to any information or indictment, except upon the ground that the same doth not set ofform not to be
allowed.
forth a sufficient charge in law; and upon the hearing of every such demurrer, and
also upon any application to arrest judgment, the Court shall, without regarding any
mere imperfection , omission , defect, or lack of form, determine the very right or
matter in law, according as the same shall appear unto the said Court, and give
judgment accordingly.

4. Save as by this Ordinance is provided, the rules of pleading and practice in Existing rules of
pleading and
criminal cases shall continue to be observed as the same existed at the time of the practice.
Provision for
passing hereof: And no Ordinance hereafter to be passed for extending to this Colony farther extension
of Criminal Sta
tutes to this
any Imperial Enactment relating to crimes or offences, shall be interpreted to repeal Colony,
or vary any of the provisions of this Ordinance, unless the intention to repeal or vary
the same be expressed in such future Ordinance.




[ Repealed by Ordinance No. 3 of 1865.]