Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 12

Further provisions as to referring back

(Past version on 30/06/1997).

(1) Any direction given by the Secretary for Justice under section  10 or 11
shall be in writing, signed by him, and shall be complied with by the
magistrate.

(2) The Secretary for Justice may at any time add to, alter, or revoke any
such direction.

(3) The Secretary for Justice shall transmit forthwith copies of any such
direction to the Registrar and to the Commissioner of Correctional Services,
and on receipt of a copy of any such direction, the Registrar shall transmit
to the committing magistrate all documents in the case that are in his
possession or control. (Replaced 6 of 1954 s. 6)

(4) When the Secretary for Justice directs that a case shall be dealt with
summarily under section 10 or that an inquiry shall be reopened under
section 11, the following provisions shall have effect-

   (a)  where the accused person is in custody, the magistrate may, by an
        order in writing under his hand, direct the Commissioner of
        Correctional Services to convey him or cause him to be conveyed to the
        place where such proceedings are to be held, for the purpose of being
        dealt with as the magistrate may direct;

   (b)  where the accused person is on bail, the magistrate shall issue a
        summons for his attendance at the time and place when and where such
        proceedings are to be held; and

   (c)  thereafter the proceedings shall be continued under the provisions of
        Part III or of Part V of the Magistrates Ordinance ( Cap  227), as the
        case may be. (Amended 50 of 1911 s. 4; 5 of 1924 s. 8; L.N. 362 of
        1997)