Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 41

General mode of trial

PART III

PROCEEDINGS AT TRIAL

Mode of trial

(1) Every person to be tried before the court shall be tried on an indictment.

(2) Subject to the provisions of section 42 such trial shall be had by and
before a judge and a jury. (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 5 of
1924 s. 8)

(3) Notwithstanding subsection (2), but without prejudice to section 59, where
any issue arises in the trial as to the admissibility of any evidence such
issue may be determined before the jury is empanelled. (Added 63 of 1984 s. 2)