Persons charged with Burglary, &c., may be convicted of Housebreaking, &c.. When Judg. ment is not to be reversed. Inconsistent Orders declared to be of no Force. Short Title. Commencement of Ordi. nance. Criminal Law Procedure. whereupon such Person may be dealt with as if not previously put on Trial for Misdemeanor. XXXVI. If, on any Trial for Burglary, Stealing in a Dwellinghouse, or Breaking and Entering and Stealing in a Shop, Warehouse or Counting-House or a Building within the Curtilage of a Dwelling-house the Facts proved in Evidence authorize a Conviction for some other of the said Offences and not the Offence wherewith the Defendant is charged, the Jury shall return against him a Verdict of Guilty of the said other Offence and thereupon he shall be punished as if he had been convicted on an Information charging him with such Offence; and he shall not be afterwards prosecuted for the Offence whereof he is so found Guilty. XXXVII. No Judgment shall be stayed or reversed on the Ground of any Objection 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, nor for any Informality in swearing the Witnesses or any of them. XXXVIII. All Rules and Orders inconsistent with the Provisions of this Ordinance shall, and the same are hereby declared to be, of no Force and Effect whatsoever. XXXIX. In citing this Ordinance in any Instrument, Document or Proceeding, it shall be sufficient to use the Expression "The Criminal Law Procedure Ordinance, 1865." XL. This Ordinance shall commence and take effect on the Fourteenth Day of June in the Year One Thousand Eight Hundred and Sixty-five. SCHEDULE (A.) Ordinance. Title. Extent of Repeal. No. 8. of 1845 No. 1. of 1850 No. 4. of 1852 No. 5. of 1856 No. 6. of 1856 No. 7. of 1857 No. 1. of 1858 No. 3. of 1858 An Ordinance to regulate Criminal Proceedings. The whole. An Ordinance for the better Administration of Justice The whole. An Ordinance to facilitate the Administration of Cri- The whole. An Ordinance for the amendment of Procedure in An Ordinance to extend the Criminal Procedure Ordi- Section one. The whole. An Ordinance for amending the Laws relating to Section eight. An Ordinance for Criminal Procedure. The whole. SCHEDULE Criminal Law Procedure. Offences against the Person. SCHEDULE (B.) Notice of Trial of Information. A.B. Take Notice that you will be tried on this Information (or on the Information whereof this is a true Copy) at the Criminal Sessions of the Supreme Court, to be holden at Victoria, in and for the Colony of Hongkong on the Day of No. 4. oF 1865. 18 . An Ordinance to consolidate and amend the Enactments in Title. WHEREAS it is expedient to consolidate and amend the Enactments in Force in this Colony relating to Offences against the Person: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: Homicide. Preamble. I. Whosoever shall be convicted of Murder shall suffer Death Murder. as a Felon. II. Upon every Conviction for Murder the Court shall pro- Sentence for nounce Sentence of Death, and the same may be carried into Murder. Execution, and all other Proceedings upon such Sentence and in respect thereof may be had and taken, in the same Manner in all respects as Sentence of Death might have been pronounced and carried into Execution, and all other Proceedings thereupon and in respect thereof might have been had and taken, before the passing of this Ordinance upon a Conviction for any other Felony for which the Prisoner might have been sentenced to suffer Death as a Felon. III. The Body of every Person executed for Murder shall be Burial of Body. buried in such Place as the Governor shall order, and the Sentence of the Court shall so direct. der. IV. All Persons who shall within this Colony conspire, con- Conspiring or federate and agree to murder any Person, whether he be a Subject soliciting to of Her Majesty or not, and whether he be within the Queen's commit MurDominions or not, and whosoever within this Colony shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any Person, to murder any other Person, whether he be a Subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not more than Ten and not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour. V. Whosoever shall be convicted of Manslaughter shall be Manslaughter liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,-or to be Offences against the Person. be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, or to pay such Fine as the Court shall award, in addition to or without any such other discretionary Punishment as aforesaid. VI. No Punishment or Forfeiture shall be incurred by any Person who shall kill another by Misfortune or in his own Defence, or in any other Manner without Felony. VII. Every Offence which, before the Commencement of the Act of the Imperial Parliament of the Ninth Year of King George the Fourth, Chapter Thirty-one, would have amounted according to the Law of England to Petit Treason, shall be deemed to be Murder only, and no greater Offence; and all Persons guilty in respect thereof, whether as Principals or Accessories, shall be dealt with, indicted, tried, and punished as Principals and Accessories in Murder. VIII. Where any Person being feloniously stricken, poisoned, or otherwise hurt at any Place in this Colony, shall die of such Stroke, Poisoning, or Hurt upon the Sea, or at any Place out of this Colony, every Offence committed in respect of any such Case, whether the same shall amount to the Offence of Murder or of Manslaughter, or of being accessory to Murder or Manslaughter, may be dealt with, inquired of, tried, determined, and punished in this Colony in which such Stroke, Poisoning, or Hurt shall happen, in the same manner in all respects as if such Offence had been wholly committed in this Colony. Attempts to Murder. IX. Whosoever shall administer to, or cause to be administered to, or to be taken by any Person, any Poison or other destructive Thing or shall by any Means whatsoever wound, or cause any grievous bodily Harm to any Person, with Intent in any of the Cases aforesaid to commit Murder, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. - X. Whosoever, by the Explosion of Gunpowder or other explosive Substance, shall destroy or damage any Building with Intent to commit Murder, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. XI. Whosoever shall set fire to any Ship or Vessel, or any Part thereof, or any Part of the Tackle, Apparel, or Furniture thereof, or any Goods or Chattels being therein, or shall cast away or destroy any Ship or Vessel with Intent in any of such Cases to commit Murder, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Offences against the Person. than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. tempting to XII. Whosoever shall attempt to administer to or shall attempt Attempting to to cause to be administered to or to be taken by any Person any administer Poison or other destructive Thing, or shall shoot at any Person, Poison, or or shall, by drawing a Trigger or in any other Manner, attempt to shooting, or atdischarge any kind of loaded Arms at any Person, or shall attempt shoot or drown, to drow n, suffocate, or strangle any Person, with Intent, in any of &c., with Inthe Cases aforesaid, to commit Murder, shall, whether any bodily tent to murInjury be effected or not, be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. der. Murder. XIII. Whosoever shall, by any Means other than those specified By any other in any of the preceding Sections of this Ordinance, attempt to Means attemptcommit Murder, shall be guilty of Felony, and, being convicted ing to commit thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. Letters threatening to Murder. XIV. Whosoever shall maliciously send, deliver, or utter, or Sending Letdirectly or indirectly cause to be received, knowing the Contents ters threatenthereof, any Letter or Writing threatening to kill or murder any ing to Murder. Person, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Ten Years and not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping. Acts causing or tending to cause Danger to Life or bodily Harm. XV. Whosoever shall unlawfully and maliciously prevent or impede any Person, being on board of or having quitted any Ship or Vessel, which shall be in Distress, or wrecked, stranded, or cast on shore, in his Endeavour to save his Life, or shall unlawfully and maliciously prevent or impede any Person in his Endeavour to save the Life of any such Person as in this Section first aforesaid, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. Impeding a Person endeavouring to save himself from Shipwreck, XVI. Whosoever shall unlawfully and maliciously by any Means Shooting or atwhatsoever wound or cause any grievous bodily Harm to any tempting to Person shoot, or E e wounding, or striking with Intent to do grievous bodily Ilarm. What shall constitute loaded Arms. Inflicting Attempting to order to com- Using Chloroform, &c., to commit any indictable Offence. Offences against the Person. Person, or shoot at any Person, or, by drawing a Trigger or in any other Manner, attempt to discharge any kind of loaded Arms at any Person, with Intent, in any of the Cases aforesaid, to maim, disfigure, or disable any Person, or to do some other grievous bodily Harm to any Person, or with Intent to resist or prevent the lawful Apprehension or Detainer of any Person, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. XVII. Any Gun, Pistol, or other Arms which shall be loaded in the Barrel with Gunpowder or any other explosive Substance, and Ball, Shot, Slug, or other destructive Material, shall be deemed to be loaded Arms within the Meaning of this Ordinance, although the Attempt to discharge the same may fail from Want of proper Priming or from any other Cause. XVIII. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily Harm upon any other Person, either with or without any Weapon or Instrument, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour. any XIX. Whosoever shall, by any Means whatsoever, attempt to choke, suffocate, or strangle any other Person, or shall by any Means calculated to choke, suffocate, or strangle, attempt to render other Person insensible, unconscious, or incapable of Resistance, with Intent in any of such Cases thereby to enable himself or any other Person to commit or with Intent in any of such Cases thereby to assist any other Person in committing any indictable Offence, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour. XX. Whosoever shall unlawfully apply or administer to or cause to be taken by, or attempt to apply or administer to or attempt to cause to be administered to or taken by, any Person, any Chloroform, Laudanum, Pepper, or other stupefying or overpowering Drug, Matter, or Thing, with Intent in any of such Cases thereby to enable himself or any other Person to commit, or with Intent in any of such Cases thereby to assist any other Person in committing, any indictable Offence, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour. Maliciously to |