Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 221
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. (Repealed 39 of 1999 s. 3)
4. (Repealed 63 of 1971 s. 11)
5. Bringing of prisoners before the court
6. (Repealed 63 of 1971 s. 11)
7. Assistance by police
8. (Repealed 63 of 1971 s. 11)
9. Rules and orders as to practice and procedure
9A. Legal aid in criminal cases
9B. Rules for payment of allowance to witnesses
9C. Interpretation
9D. Right of accused person to be admitted to bail
9E. Relief from obligation as surety
9F. Prohibition against agreements to indemnify surety
9G. An accused person may be refused bail in particular circumstances
9H. Application by Secretary for Justice for review of admission to bail
by a District Judge or magistrate
9I. Custody pending review
9J. Review of refusal of bail or conditions of bail
9K. Arrest of persons admitted to bail
9L. Offence of failing to surrender to custody as shall have been
appointed
9M. Forfeiture on failure to surrender to custody as shall have been
appointed
9N. Procedure in bail proceedings
9O. Aids in proof
9P. Restriction on reports of bail proceedings
9Q. Record of bail proceedings
10. Power to refer back to be dealt with summarily
10A. Service of documents in transferred proceedings
10B. Discharge of the accused
11. Power to refer back for further inquiry
12. Further provisions as to referring back
12A. (Repealed 56 of 1994 s. 4)
12B. (Repealed 56 of 1994 s. 4)
12C. (Repealed 56 of 1994 s. 4)
13. (Repealed 56 of 1994 s. 4)
13A. (Repealed 56 of 1994 s. 4)
13AA. (Repealed 56 of 1994 s. 4)
13B. (Repealed 56 of 1994 s. 4)
14. Institution of proceedings by Secretary for Justice
14A. Trial of offences
14B. Prosecution of offences
15. Right of Secretary for Justice not to prosecute
16. Discharge of accused after committal without a hearing
17. Signing of indictments
18. Joinder of charges in the same indictment
19. Offence committed on high seas or in any place outside Hong Kong
20. Averment as to money or bank note
21. Charge of previous conviction
22. General provision as to matters not necessary to be alleged, etc.
23. Orders for amendment of indictment, separate trial and postponement
of trial
24. (Repealed 35 of 1976 s. 7)
24A. When indictment shall be preferred
24B. Joint trial of indictments
25. Savings and interpretation
26. Filing of indictment
27. Endorsement of notice of trial
28. Delivery of copies of the indictment for service and for information
29. Service
30. Return of service
31. Plea of autrefois convict or autrefois acquit
32. Inspection of property by party or witnesses
33. Rule or order for attendance of jury
34. Summons to witness to attend Court of First Instance or District
Court
35. Witness to be notified of date of hearing in Court of First
Instance
36. Punishment for disobedience to witness order or summons
37. Further process to secure attendance of witness
38. Provisions supplementary to section 37
38A. Abolition of subpoenas in certain proceedings
39. (Repealed 63 of 1971 s. 11)
40. (Repealed 63 of 1971 s. 11)
41. General mode of trial
42. Trial at bar
43. (Repealed 5 of 1971 s. 12)
44. (Repealed 63 of 1971 s. 11)
45. Proceedings on non-appearance of accused person
46. Apprehension of accused person not appearing
47. Abolition of outlawry
48. (Repealed 46 of 1967 s. 4)
49. Arraignment of accused person
50. Effect of plea of not guilty
51. Trial of offences
51A. Entry of verdict of not guilty by order of judge
52. (Repealed 50 of 1991 s. 4)
53. Objection of substance to indictment
54. Competence of person charged in criminal cases
55. Evidence of person charged
56. Right of reply
57. Competence and compellability of accused's spouse or former spouse
57A. Right to apply for exemption from obligation to give evidence
58. Application
59. Statements of accused persons
60. Abolition of corroboration rule in respect of alleged accomplices
61. (Repealed 5 of 1971 s. 12)
62. (Repealed 5 of 1971 s. 12)
63. Proof of previous convictions
64. Proof on trial of plea of autrefois convict or acquit
65. (Repealed 5 of 1971 s. 12)
65A. Proof of criminal intent
65B. Proof by written statement
65C. Proof by formal admission
65D. Notice of alibi
65DA. Notice of expert evidence
65E. Proof of sexual intercourse
65F. Transfer of proceedings
65G. Delivery of the order of transfer
65H. Application may be made in a multi-defendant or multi-count situation
66. (Repealed 59 of 1992 s. 9)
66A. (Repealed 49 of 1996 s. 3)
67. (Repealed 6 of 1990 s. 5)
67A. Computation of sentences of imprisonment
67B. Minimum term to be specified in respect of person sentenced to life
imprisonment
67C. Determinations in respect of certain existing prisoners
67D. Further provisions relating to applications under section 67C and
related procedural matters
67E. Sections 67C and 67D no longer to apply if prescribed prisoners
cease to serve relevant sentence
67F. Effect of section 67C determinations on previous orders under section
15(1)(b) of Long-term Prison Sentences Review Ordinance
67G. Interpretation
68. Cumulative sentences
69. Abolition of certain forms of punishment
70. (Repealed 24 of 1993 s. 9)
71. (Repealed 50 of 1991 s. 4)
72. (Repealed 39 of 1996 s. 23)
73. Power to award compensation
73A. (Repealed 39 of 1996 s. 23)
74. Acquittal on grounds of insanity
75. Fitness to be tried
75A. Determination as to whether accused person under disability did the
act or made the omission charged
76. Orders to be made
76A. Evidence by prosecution of insanity or diminished responsibility
77. (Repealed 24 of 1993 s. 10)
78. (Repealed 13 of 1981 s. 7)
79. Record of proceedings and inspection thereof
79A. Interpretation
79B. Evidence by live television link
79C. Video recorded evidence
79D. Chief Judge to make rules
79E. Depositions
79F. Notice of transfer
79G. Application for dismissal of charges contained in a notice of
transfer
80. Meaning of sentence
81. Power to reserve question of law for consideration of Court of
Appeal
81A. Application by Secretary for Justice for review of sentence
81B. Review of sentence by Court of Appeal
81C. Limitation on review of sentence by Court of Appeal under section
81B
81D. Reference to Court of Appeal of question of law following acquittal
81E. Appeal to Court of Appeal following discharge
81F. Appeal to Court of Appeal against order quashing indictment
82. Right of appeal
83. Grounds for allowing appeal under s. 82
83A. Power to substitute conviction of alternative offence
83B. Sentence where appeal allowed on part of an indictment
83C. Disposal of appeal against conviction on special verdict
83D. Substitution of finding of insanity or unfitness to plead
83E. Power to order retrial
83F. Supplementary provisions as to retrial
83G. Appeal against sentence following conviction on indictment
83H. Appeal against sentence in other cases dealt with at the Court of
First Instance
83I. Supplementary provisions as to appeal against sentence
83J. Appeal against verdict of not guilty by reason of insanity
83K. Disposal of appeal under s. 83J
83L. Hospital order on disposal of appeal
83M. Right of appeal against finding of disability
83N. Disposal of appeal under s. 83M
83O. Prohibition of staying or reversal of judgment or allowing appeal on
specified grounds
83P. Reference by Chief Executive
83Q. Initiating procedure
83R. Bail
83S. Disposal of groundless appeal
83T. Preparation of case for hearing
83U. Right of appellant to be present
83V. Evidence
83W. Effect of appeal on sentence
83X. Restitution of property on conviction
83XX. (Repealed 39 of 1996 s. 23)
83Y. Powers of Court of Appeal under Part IV which are exercisable by
single judge
83Z. Power to bail convicted person
83ZA. (Repealed 79 of 1995 s. 50)
84. Restitution of property in case of conviction
84A. Criminal bankruptcy orders against convicted persons
84B. Appeals in the case of criminal bankruptcy orders
85. Transmission and effect of calendar of sentences
86. Delivery and effect of certificate of sentences after each day
87. (Repealed 50 of 1991 s. 4)
88. Filing of original documents
89. Aiders, abettors and accessories
90. Penalties for assisting offenders
91. Penalties for concealing offences
92. (Repealed 5 of 1971 s. 7)
93. (Repealed 5 of 1971 s. 7)
94. (Repealed 5 of 1971 s. 7)
94A. Negative averments
95. Mode of stating ownership of property of partners, etc.
96. Mode of stating ownership of church, etc.
97. Mode of stating ownership of public property
98. (Repealed 21 of 1970 Second Schedule)
99. (Repealed 21 of 1970 Second Schedule)
100. Abolition of presumption of coercion of married woman by husband
101. Summary apprehension of offender in certain cases
101A. Use of force in making arrest, etc.
101B. (Repealed 49 of 1996 s. 4)
101C. Reference to an offence to include aiding, etc.
101D. Acts constituting 2 or more offences
101E. Liability of directors, etc.
101F. Penalties prescribed to be deemed maximum penalties
101G. Statement of penalty at end of section
101H. Certain penalties may be cumulative
101I. Punishment of indictable offences
101J. Amendment of penalty
102. Disposal of property connected with offences
103. Seizure of things intended for use in commission of indictable
offence
104. Search warrant
105. Report of property found upon person apprehended
106. Application of money found upon person apprehended
106A. Presumption and determination of age
107. Power to permit conditional release of offenders
108. Provision in case of offender failing to observe conditions of
release
109. Conditions as to abode of sureties
109A. Restriction on imprisonment of persons between 16 and 21 years of
age
109AA. Supervision orders
109AB. Recall orders
109AC. Arrest etc. of persons unlawfully at large
109B. Suspended sentences of imprisonment
109C. Power of court on conviction of further offence to deal with
suspended sentence
109D. Court by which suspended sentence is to be dealt with
109E. Discovery of further offences
109F. Breach of condition
109G. Interpretation
109H. (Repealed 74 of 1976 s. 2)
109I. Power to bind over to keep the peace
110. Preparation of list of persons making default on recognizance
111. Issue of writ of execution
112. Apprehension and detention of person making default where recognizance
is unsatisfied
113. Failure of such person when released to appear on appointed day
113A. Power of court to fine
113B. Levels of fines for offences
113C. Provision for fines for offences
114. Powers of court in relation to fines and forfeited recognizances
115. Power to grant conditional pardon
116. Effect of pardon
117. Recording of pardon
118. Saving of prerogative of mercy
119. Prohibition of proceedings in error
120. Interpretation of reference to information
121. Repeal of rules and orders
122. Power to exclude public from criminal courts
123. Criminal proceedings may be held in camera and non-disclosure of
identity of witnesses in certain cases
124. Amendment of Schedule 3
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
[ Note: This table has been automatically generated and may be incomplete. ]