Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 9D

Right of accused person to be admitted to bail

(1) Subject to this section and section 9G, a court shall order an accused
person to be admitted to bail, whether he has been committed for trial or not,
when-

   (a)  he appears or is brought before a court in the course of or in
        connection with proceedings for the offence of which he is accused; or

   (b)  he applies to the court before which he is accused to be
        admitted to bail; or

   (c)  he applies to a judge under section 9J to be admitted to bail.

(2) An order under subsection (1) may be subject to such conditions as appear
to the court to be necessary to secure that the person admitted  to bail will
not-

   (a)  fail to surrender to custody as the court may appoint; or

   (b)  commit an offence while on bail; or

   (c)  interfere with a witness or pervert or obstruct the course of justice.

(3) Without affecting the generality of subsection (2), the court-

   (a)  may not make it a condition of admission to bail that a recognizance
        of bail be taken from the person so admitted but may make it a
        condition, for the purpose only of securing the surrender of that
        person to custody as the court may appoint, that a recognizance of
        bail be taken from a surety;

   (b)  may make it a condition of admission to bail that the person so
        admitted-

        (i)    shall surrender to the court any passport or travel document;

        (ii)   shall not leave Hong Kong;

        (iii)  shall report to a police station or the offices of the
               Independent Commission Against Corruption as the court may
               specify;

        (iv)   shall reside at a specified address and be present therein
               between such times as the court may specify;

        (v)    shall not enter any place or premises as the court may specify;

        (vi)   shall not go within such distance of any place or premises as
               the court may specify;

        (vii)  shall not contact directly or indirectly such person as the
               court may specify;

        (viii) or any person on his behalf or he and any such person shall,
               for the purpose only of securing the surrender to custody of
               the person admitted to bail as the court may appoint, deposit
               with the court such reasonable sum of money as the court may
               require.

(4) In considering the suitability of a surety for a proposed recognizance of
bail under subsection (3)(a), the court shall have regard to-

   (a)  the surety's financial resources;

   (b)  any other matter that appears to the court to be relevant, and any
        recognizance of bail taken from a surety under that subsection may, if
        an order under subsection (1) so directs, be taken before any
        magistrate or before the Commissioner of Correctional Services, the
        Deputy Commissioner of Correctional Services or a Senior
        Superintendent or Superintendent of Correctional Services. (Added 56
        of 1994 s. 2)