Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 10A

Service of documents in transferred proceedings

(Past version on 30/06/1997).

(1) Where pursuant to an order for transfer made under section 77A of the
District Court Ordinance ( Cap 336) (in this section referred to as
an "order of transfer") any proceedings stand transferred to the court for
trial under subsection (6) of that section and where the Secretary for Justice
has instituted proceedings pursuant to section 14(1)(aa), he shall, not more
than 21 days after an indictment is preferred against the accused person, but
subject to subsection (2), deliver to the Registrar and, unless they have
already been served, serve on the accused person- (Amended L.N. 362 of 1997)

   (a)  a copy of the indictment;

   (b)  copies of the statements of those witnesses whom the prosecution
        intends to call at the trial;

   (c)  copies of all documentary exhibits; and

   (d)  a list of the exhibits.

(2) Where the Secretary for Justice considers that it will not be practicable
to comply with the requirements in subsection (1) within the period specified
in that subsection, he may apply- (Amended L.N. 362 of 1997)

   (a)  upon the making of the order of transfer, to the District Court judge
        who makes the order; or

   (b)  at least 21 days before the date fixed for trial, to a judge, for an
        extension of that period, and the District Court judge or the judge,
        as the case may be, may, if he is satisfied that the accused person is
        not prejudiced thereby, grant such extension as he considers
        reasonable.

(3) A statement of a witness referred to in subsection (1)(b) shall-

   (a)  be signed by the person making it;

   (b)  contain a declaration by the witness to the effect that it is true to
        the best of his knowledge and belief and that he made the statement
        knowing that wilfully making a statement which he knows to be false or
        does not believe to be true may render him liable for a criminal
        prosecution;

   (c)  if in a language other than English, be accompanied by an English
        translation and, if in a language other than Chinese, by a Chinese
        translation;

   (d)  if made by a person under 21, give his age; and

   (e)  purport to have been read over to the person who made the statement in
        the language used by that person in making the statement or to have
        been read by that person.

(4) A documentary exhibit referred to in subsection (1)(c) shall, if written
in a language other than English, be accompanied by an English translation
certified under section 27 of the Evidence Ordinance ( Cap 8) and, if written
in a language other than Chinese, be accompanied by a Chinese translation,
unless on an application made in the District Court the District Judge or, on
an application made in the court, the judge, directs otherwise on cause shown.

(5) An exhibit which is mentioned in a list of exhibits referred to in
subsection (1)(d) shall be clearly identified in a statement of a witness
referred to in subsection (1)(b) and the accused person or his counsel or
solicitor shall be given reasonable opportunity to examine such exhibit.

(6) Failure to comply with any requirement in subsection (3), (4) or (5) shall
not render the service of any documents under subsection (1) or (2)
ineffective unless the judge is satisfied that the accused person is
prejudiced by such failure. (Added 59 of 1992 s. 3)