Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 49

Arraignment of accused person

Arraignment

(1) The accused person shall be placed at the bar unfettered and not in prison
clothes, unless the court sees cause to direct otherwise.

(2) The indictment shall then be read over to him by the Registrar, and
explained, if necessary, by the Registrar or the interpreter of the  court;
and he shall be required to plead instantly thereto, unless he objects to the
want of due service of the indictment and notice of trial, and the court finds
that he has not been duly served therewith.

(3) Where the accused person is a corporation, a plea in writing may be
entered by its representative, and if either the corporation does not appear
by a representative or, though it does so appear, fails to enter as aforesaid
any plea, the court shall order a plea of not guilty to be entered and the
trial shall proceed as though the corporation had duly entered a plea of not
guilty. (Added 11 of 1962 s. 2)

(4) In this section and in section 87 of the Magistrates Ordinance
( Cap 227), the expression "representative" (代表) in relation to a
corporation means a person duly appointed by the corporation to represent it
for the purpose of doing any act or thing which the representative of a
corporation is by this section or by section 87 of the Magistrates  Ordinance
( Cap 227) authorized to do, but a person so appointed shall not, by virtue
only of being so appointed, be qualified to act on behalf of the corporation
before any court for any other purpose. A representative for the purposes of
this section and section 87 of the Magistrates Ordinance ( Cap 227) need not
be appointed under the seal of the corporation, and a statement in writing
purporting to be signed by a managing director of the corporation, or by any
person (by whatever name called) having, or being one of the persons having,
the management of the affairs of the corporation, to the effect that the
person named in the statement has been appointed as the representative of the
corporation for the purposes of this section or of section 87 of the
Magistrates Ordinance ( Cap 227) shall be admissible without further proof as
prima facie evidence that that person has been so appointed. (Added 11 of 1962
s. 2)

"representative" (代表)