Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 90

Penalties for assisting offenders

(Past version on 30/06/1997).

(1) If a person has committed an arrestable offence, any other person who,
knowing or believing him to be guilty of the offence or of some other
arrestable offence, does, without lawful authority or reasonable excuse, any
act with intent to impede his apprehension or prosecution shall be guilty of
an offence.

(2) If on the trial of an indictment for an arrestable offence the jury are
satisfied that the offence charged (or some other offence of which the accused
might on that charge be found guilty) was committed, but find the accused not
guilty of it, they may find him guilty of any offence under subsection (1) of
which they are satisfied that he is guilty in relation to the offence charged
(or that other offence).

(3) A person guilty of an offence under subsection (1) shall be liable-

   (a)  on conviction on indictment, to imprisonment for 10 years; or

   (b)  on summary conviction, to a fine of $5000 and to imprisonment for 2
        years.

(4) No proceedings shall be instituted for an offence under subsection (1)
except with the consent of the Secretary for Justice. (Amended L.N. 362 of
1997)

(5) Nothing in subsection (4) shall prevent the arrest, or the issue of a
warrant for the arrest, of any person for an offence under subsection (1), or
the remand in custody or on bail of a person charged with such an offence.
(Replaced 5 of 1971 s. 7) [cf. 1967 c. 58 s. 4 U.K.]