Hong Kong Regulations

INDICTMENT RULES - RULE 4

Indictment for specific statutory offence

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 39 of 1999 s. 3 Where the
specific offence with which an accused person is charged in an indictment is
one created by or under an Ordinance or a national law applying in Hong Kong,
then, without prejudice to the generality of rule 3- (39 of 1999 s. 3)

   (a)  the statement of offence shall contain a reference to the provision in
        the Ordinance or national law applying in Hong Kong creating the
        offence; (39 of 1999 s. 3)

   (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.