Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 24A

When indictment shall be preferred

(1) Subject to subsection (2) no indictment charging any person with an
indictable offence shall be preferred unless-

   (a)  the person charged has been committed for trial for the offence; or

   (aa) the proceedings have been transferred to the court pursuant to an
        order made under section 4 of the Complex Commercial Crimes Ordinance
        ( Cap 394); or (Added 57 of 1988 s. 29)

   (ab) pursuant to an order made under section 77A of the District 
        Court Ordinance ( Cap 336) proceedings stand transferred to the court
        for trial under subsection (6) of that section; or (Added 59 of 1992
        s. 6)

   (b)  the indictment is preferred by the direction or with the consent of a
        judge; or

   (c)  the indictment is preferred pursuant to an order made under section 41
        of the Crimes Ordinance ( Cap 200).

(2) Where a person charged with an indictable offence has been committed for
trial, the indictment against him may include, either in substitution for or
in addition to counts charging the offence for which he was committed, any
counts founded on facts or evidence disclosed in any depositions, any
documents served on the accused under section 80B of the Magistrates Ordinance
( Cap 227) or any written statements admitted in evidence under section 81A of
that Ordinance, being counts which may lawfully be joined in the same
indictment. (Amended 34 of 1972 s. 5; 6 of 1990 s. 3) (Added 5 of 1971 s. 4)
[cf. 1933 c. 36 s. 2 (2) U.K. ]