Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 9G

An accused person may be refused bail in particular circumstances

(1) The court need not admit an accused person to bail if it appears to the
court that there are substantial grounds for believing, whether or not an
admission were to be subject to conditions under section  9D (2), that the
accused person would-

   (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.

(2) The court in forming an opinion under subsection (1) may have regard to-

   (a)  the nature and seriousness of the alleged offence and, in the event of
        conviction, the manner in which the accused person is likely to be
        dealt with;

   (b)  the behaviour, demeanour and conduct of the accused person;

   (c)  the background, associations, employment, occupation, home
        environment, community ties and financial position of the accused
        person;

   (d)  the health, physical and mental condition and age of the accused
        person;

   (e)  the history of any previous admissions to bail of the accused person;

   (f)  the character, antecedents and previous convictions, if any, of the
        accused person;

   (g)  the nature and weight of the evidence of the commission of the alleged
        offence by the accused person;

   (h)  any other thing that appears to the court to be relevant.

(3) An accused person need not be admitted to bail if it appears to the court
that he should be detained in custody for-

(a) if he has attained the age of 18 years, his own protection; or

   (b)  if he has not attained the age of 18 years, his own protection, safety
        or welfare; or

   (c)  the purpose of further inquiry relating to the determining of the
        question of whether he should be admitted to bail.

(4) An accused person need not be admitted to bail if-

   (a)  he is detained in custody-

        (i)    under a sentence of any court; or

        (ii)   for or in connection with a charge of failing to surrender to 
               custody under section 9L; or

   (b)  the court is satisfied that-

        (i)    he has previously failed to comply with any condition of bail
               imposed under section 9D; or

        (ii)   any other court dealing with him in the same proceedings is or
               has been so satisfied.

(5) An accused person need not be admitted to bail if he is the subject of a
hospital order for the time being in force.

(6) An accused person need not be admitted to bail if he is the subject of an
order made under section 109B (suspended sentence) for the time being in force
and he is before the court under section 109D or 109E.

(7) An accused person need not be admitted to bail if he is the subject of a
deportation order for the time being in force made under section 20 of the
Immigration Ordinance ( Cap 115).

(8) An accused person need not be admitted to bail if he is before the court
under section 5 or 6 of the Probation of Offenders Ordinance ( Cap 298)
(breach of probation order; or commission of further offence).

(9) An accused person need not be admitted to bail if he is before the court
under section 8 or 9 of the Community Service Orders Ordinance ( Cap 378)
(breach of community service order; or commission of further offence).

(10) An accused person charged with-

   (a)  murder; or

   (b)  treason under section 2 of the Crimes Ordinance ( Cap 200), shall be
        admitted to bail only upon the order of a judge.

(11) If at any hearing the court refuses to admit an accused person to bail
the court shall, at each subsequent hearing while the accused remains in
custody, consider the question of whether or not he ought to be
admitted to bail and-

   (a)  on the first occasion after that upon which the court first refused to
        so admit, the court shall hear any argument as to fact or law put to
        it in support of his admission to bail, whether or not it has
        previously heard that argument;

   (b)  on the second or any subsequent occasion after that upon which the
        court first refused to so admit, the court need not hear any argument
        as to fact or law put to it in support of his admission to bail, if it
        has previously heard that argument. (Added 56 of 1994 s. 2)