Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 57A

Right to apply for exemption from obligation to give evidence

(1) Where the husband or wife of an accused is called to give evidence for the
prosecution, or on behalf of a co-accused, in circumstances in which he or she
is compellable to give evidence under section 57(3), the husband or wife may
at any time apply to the court for an exemption from the obligation to give
evidence.

(2) Where an application for an exemption is made to a court under subsection
(1) and the court is satisfied-

   (a)  that, if the husband or wife were to give evidence for the prosecution
        or on behalf of the co-accused, as the case may be, there would be a
        substantial risk of-

        (i)    serious harm being caused to the relationship between the
               husband or wife and the accused; or

        (ii)   serious emotional, psychological or economic consequences for
               the husband or wife; and

   (b)  that, having regard to the nature and gravity of the offence charged
        and the importance at the trial of the evidence that the husband or
        wife is in a position to give, there is insufficient justification for
        exposing the husband or wife to that risk, the court may exempt the
        husband or wife, wholly or in part, from the obligation to give
        evidence.

(3) Where a court is constituted by a judge and jury, an application for an
exemption made under subsection (1) shall be heard and determined by the judge
in the absence of the jury.

(4) The fact that the husband or wife of an accused has applied for, or been
granted or refused, an exemption under this section shall not be made the
subject of any question or comment by the prosecution.

(5) Where the husband or wife of an accused is called to give evidence for the
prosecution, or on behalf of a co-accused, in circumstances in which he or she
is compellable to give evidence under section 57(3), the court must be
satisfied that the husband or wife is aware of his or her right to apply for
an exemption under subsection (1).

(6) In this section, the terms "accused" (被控人) and "co-accused"
(同案被 控人) have the same meaning as in section 57. (Added 23 of 2003
s. 4)

"accused" (被控人)

"co-accused" (同案被控人)