Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 14A

Trial of offences

(1) Where any provision in any Ordinance creates, or results in the creation
of, an offence, the offence shall be triable summarily only, unless-

   (a)  the offence is declared to be treason;

        (b)	the words "upon indictment" or "on indictment" appear; or  
(Amended L.N. 54 of 1989)

   (c)  (Repealed 50 of 1991 s. 4(1))

   (d)  the offence is transferred to the District Court in accordance with
        Part IV of the Magistrates Ordinance ( Cap 227). (Added 16 of 1970
        Schedule)

(2) Where any provision in any Ordinance creates, or results in the creation
of, an offence and-

   (a)  the offence is declared to be treason; or

        (b)	subject to subsection (4), the words "upon indictment" or "on 
indictment" appear, the offence shall be triable only upon indictment.

(3) (Repealed 50 of 1991 s. 4(1))

(4) Where any provision in any Ordinance creates, or results in the creation
of, an offence and the offence is declared to be triable either summarily or
upon indictment or to be punishable on summary conviction or on indictment,
the offence shall be triable either on indictment or summarily.

(5) Nothing in this section shall affect-

   (a)  the powers conferred upon a magistrate by the Magistrates  Ordinance (
        Cap 227) or by any other law to try an indictable offence summarily;
        or

   (b)  the powers conferred upon the District Court by any law to try
        indictable offences. (Amended 50 of 1991 s. 4(1))
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        Note: This provision previously appeared in s. 89 of Cap 1. By virtue
        of 89 of 1993 s. 27, it was re-enacted as s. 14A of this Ordinance.