### Criminal Procedure Ordinance 《刑事訴訟程序條例》

95. Mode of stating ownership of property of partners, etc.
(1) Where, in any document in any proceeding under this Ordinance, it is necessary to state the ownership of any property which belongs to or is in possession of more than one person, it shall be sufficient to name one of such persons and to state such property to belong to the person so named and another or others, as the case may be.
(2) Where, in any such document, it is necessary to mention, for any purpose whatsoever, any partners or other joint owners or possessors, it shall be sufficient to describe them in manner aforesaid.
(3) The provisions of this section shall be construed to extend to all joint-stock companies and associations, societies, and trustees.
[cf. 1826 c. 64 s. 14 U.K.]

96. Mode of stating ownership of church, etc.
Where, in any such document, it is necessary to state the ownership of any church, chapel, or building set apart for religious worship, or of anything belonging to or being in the same, it shall be sufficient to state that such church, chapel, or building, or such thing is the property of the clergyman, or of the officiating minister, or of the church body or the church-wardens of such church, chapel or building, without its being necessary to name him or them.
(Amended 51 of 1911; 2 of 1912 Schedule)

97. Mode of stating ownership of public property
Where, in any such document, it is necessary to state the ownership of any work or building made, erected, or maintained, either in whole or in part, at the expense of the Government, or of any city, town, or village, or of anything belonging to or being in or used in relation to the same, or of anything provided for the use of the poor or of any public institution or establishment, or of any materials or tools provided or used for making, altering, or repairing any such work or building or any public road or highway, or of any other property whatsoever of the Government it shall be sufficient to state that such property is the property of the Government, or of the city, town, or village, as the case may be, without naming any of the inhabitants thereof.
(Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 21 of 1912 s. 2)[cf. 1826 c. 64 ss. 15 & 16 U.K.]

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

100. Abolition of presumption of coercion of married woman by husband
Any presumption of law that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband is hereby abolished, but on a charge against a wife for any offence other than an offence endangering national security the maximum penalty for which is life imprisonment or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.
(Added 17 of 1930 s. 9. Amended 6 of 2024 s. 146)[cf. 1925 c. 86 s. 47 U.K.]

101. Summary apprehension of offender in certain cases
(1) (Repealed 5 of 1971 s. 9)(2) Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence. (Replaced 70 of 1967 s. 2)
(3) Any person to whom any property is offered to be sold, pawned, or delivered, and who has reasonable ground to suspect that any arrestable offence has been or is about to be committed on or with respect to such property, may, and, if he can, shall, without warrant, apprehend the person offering the same and take possession of the property so offered. (Amended 70 of 1967 s. 2)
(4) Every person who finds any person in possession of any property which he, on reasonable grounds, suspects to have been obtained by means of an arrestable offence may arrest such last-mentioned person without warrant and take possession of the property. (Amended 70 of 1967 s. 2)
(5) Every person who arrests any person under any of the provisions herein contained shall (if the person making the arrest is not himself a police officer) deliver the person so arrested, and the property, if any, taken possession of by him, to some police officer in order that he may be conveyed as soon as reasonably may be before a magistrate, to be by him dealt with according to law, or himself convey him before a magistrate, as soon as reasonably may be, for that purpose. (Amended 51 of 1911; 2 of 1912 Schedule)
(6) Nothing in this section shall affect the powers of apprehension conferred upon constables or other persons by any other enactment. (Amended 51 of 1911; 2 of 1912 Schedule)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

101A. Use of force in making arrest, etc.
(1) A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
(2) Subsection (1) shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.
(Added 5 of 1971 s. 10)[cf. 1967 c. 58 s. 3 U.K.]

101C. Reference to an offence to include aiding, etc.
(1) Where—
(a) any Ordinance confers a power or imposes a duty which is to be exercised or performed consequent upon a conviction of an offence or in relation to a person who is detained in custody for an offence; or
(b) a reference is otherwise made in any Ordinance to an offence,

then that power or duty or that reference shall be deemed to be also exercisable or performable consequent upon a conviction of, or include a reference to, as the case may be—
(i) (Repealed 49 of 1996 s. 5)(ii) aiding, abetting, counselling or procuring that offence;
(iii) (Repealed 49 of 1996 s. 5)(iv) an incitement to commit that offence. (Added 64 of 1983 s. 2)
(2) Subsection (1) shall apply to powers of imposing pecuniary penalties and of forfeiture, seizure and search, and to powers and discretions to cancel, suspend or refuse to issue any licence, permit or other authorization, but nothing in this section shall be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this section. (Amended 24 of 1993 s. 13)
Editorial Note:
This provision previously appeared in s. 82 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101C of this Ordinance.

101D. Acts constituting 2 or more offences
Where any act constitutes 2 or more offences, whether under the same Ordinance or otherwise, the offender shall be liable to be prosecuted and punished for any or all such offences but shall not be liable to be punished twice for the same offence.
Editorial Note:
This provision previously appeared in s. 83 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101D of this Ordinance.