These rules set the required form and contents of indictments, including how multiple offences are split into counts and how specific offences must be described.
Indictment Rules(Cap. 221, section 9) [9 July 1976](Format changes—E.R. 3 of 2023) 1. Citation These rules may be cited as the Indictment Rules. 2. Basic form of indictment (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. Statement of offence in indictment (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. Indictment for specific statutory offence 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. 5. Alternative statements of specific statutory offences Where an offence created by or under an Ordinance or a national law applying in Hong Kong states the offence to be the doing or omission to do any one of any different acts in the alternative, or the doing or omission to do any act in any one of any different capacities, or with any one of any different intention or states any part of the offence in the alternative, the acts, omissions, capacities or intentions or other matters stated in the alternative in the Ordinance or national law may be stated in the alternative in an indictment charging the offence.(39 of 1999 s. 3) 6. Description of persons in an indictment (1) The description or designation in an indictment of the accused person, or of any other person referred to therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name or his abode, style, degree or occupation.(2) If, owing to the name of a person not being known or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given in the indictment as is reasonably practicable in the circumstances, or such person may be described as “a person unknown”. 7. Charges for offences may be joined in same indictment Subject to section 18 of the Ordinance, charges for any offences may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character. Schedule [r. 2]Indictment IN THE COURT OF FIRST INSTANCE OF HONG KONG HKSAR v. .charged as follows— STATEMENT OF OFFENCE(as the case may be) PARTICULARS OF OFFENCE(as the case may be) (Signed) Secretary for Justice. Date And if there are more counts than one, then the various counts shall be set out as follows— (Begin as above), First Count STATEMENT OF OFFENCE (as the case may be) PARTICULARS OF OFFENCE (as the case may be) Second Count STATEMENT OF OFFENCE (as the case may be) PARTICULARS OF OFFENCE (as the case may be) etc. etc. (Signed) Secretary for Justice. Date(L.N. 362 of 1997; 25 of 1998 s. 2; 39 of 1999 s. 3)