Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 53

Objection of substance to indictment

(1) No objection to an indictment shall be taken by way of demurrer, but if an
indictment does not state in substance an indictable offence or states an
offence not triable by the court, the accused person may move the court to
quash it or in arrest of judgment. (Amended 50 of 1911 s. 4)

(2) If such motion is made before the accused person pleads, the  court shall
either quash the indictment or amend it. (Amended 50 of 1911; 1 of 1912
Schedule)

(3) If the defect in the indictment appears to the court during the trial, and
the court does not think fit to amend the indictment, it may either quash the
indictment or leave the objection to be taken in arrest of judgment. (Amended
50 of 1911; 1 of 1912 Schedule)

(4) If the indictment is quashed, the court may direct the accused person to
be detained in custody until such time or for such period as the  court may
order or to be released on bail, and may order him to plead to another
indictment when called on at the same time or during that period, as the case
may be. (Amended 50 of 1911; 1 of 1912 Schedule; 6 of 1990 s. 4)