Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 227
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Saving of special procedure
4. Use of forms
5. Chief Executive may by warrant appoint permanent and special
magistrates
5A. Appointment of deputy magistrates
5AA. Professional qualifications of permanent magistrates
5AB. Professional qualifications of special magistrates
6. (Repealed)
7. (Repealed)
7A. (Repealed)
7B. (Repealed)
7C. (Repealed)
7D. Notice of prosecution
7E. Procedure where hearing required
7F. Procedure where no hearing required
7G. Procedure after determination
7H. Review
7I. Section 26 not to apply on review
7J. Withdrawal of notice of prosecution
8. Issue of summons to defendant and mode of service thereof
8A. Notice to appear before a magistrate in respect of certain offences
9. Issue of warrant in first instance or subsequently
10. Manner of making complaint or laying information
11. Place and manner of hearing
12. Prosecution of offences to be under control of Secretary for Justice
13. Appointment of official prosecutors by Secretary for Justice*
14. Private prosecution and intervention by the Secretary for Justice
15. Secretary for Justice may withdraw case by entering nolle prosequi*
16. Rights of parties to conduct case personally or by counsel
17. (Repealed 25 of 2008 s. 6)
18. Appearance by counsel
18A. Non-appearance of defendant
18B. Non-appearance of informant or complainant
18C. Non-appearance of either party
18D. Appearance of both parties
18E. Plea of guilty by letter
19. Proceedings at hearing
19A. Plea by a corporation before a magistrate
20. Adjournment of hearing and procedure thereon
21. Provisions as to witnesses
22. Power to order production of documents
23. Variance between information and evidence
24. Description of property of partners in complaint or information
25. Complaint for order to pay money need not be in writing
26. Limit of time for complaint or information
26A. Limitation of time in respect of certain summary offences concerning
aviation
27. Defects in and amendment of complaint, information or summons
28. Form of conviction and order
29. Proof of previous convictions
30. (Repealed)
31. Form and execution of warrant, etc.
32. Non-avoidance of summons or warrant by death of magistrate
33. Description of offences, exceptions, exemptions, etc. warrants,
forfeiture, etc.
34. Minute of proceedings
35. Register of cases and proof thereof
35A. Inspection etc. of minute and register
36. Power to permit conditional release of offenders
37. Reduction of imprisonment on part payment of fine
38. Application of money found on defaulter to satisfy sum adjudged
39. Recognizance may be dispensed with
40. Summary order
41. Provision as to mode of payment of sum adjudged to be paid
42. Return by magistrate's order of property taken from defendant
43. (Repealed)
44. Rule as to cumulative sentences for assault
45. (Repealed)
46. (Repealed)
47. Order for delivery of goods stolen or fraudulently obtained and in
possession of dealer in second-hand property
48. Restoration of property unlawfully pledged, etc.
49. (Repealed)
50. Penalty on common informer for compounding without permission of
magistrate
51. Warrant of distress
52. Allowing defendant to go at large until return made to warrant,
etc.
53. Commitment in default of sufficient distress
54. Commitment of defendant where no remedy or punishment in default of
sufficient distress
55. Commitment of defendant in first instance
56. Commitment for disobedience of order to do some act, etc., not
being payment of money
57. Consecutive or partly consecutive sentences of imprisonment
58. On payment of fine and expenses distress not to be levied, or
party, if imprisoned, to be discharged
59. Provisions as to warrants of distress
60. Special provisions as to warrant of commitment for non-payment of
money and as to warrant of distress
61. Exercise on complaint of power to bind over to keep the peace
62. Power to reduce or vary security
63. Recognizance taken out of court
64. Mode of giving security and enforcement thereof
65. Enforcing recognizance for appearance
66. (Repealed)
67. Enforcing civil debt
68. Scale of imprisonment for non-payment of money, etc.
69. (Repealed)
70. (Repealed)
71. (Repealed)
71A. Interpretation
72. Procedure on information being laid
73. Warrant to apprehend for offence committed on high seas, etc.
74. Warrant to apprehend where indictment is filed by Secretary for
Justice pursuant to direction or with consent of a judge
75. Complaint or information to be in writing and defects therein
76. Service of summonses
77. Forms, etc., of warrants
78. Summons or warrant for witness, etc.
79. Power to remand accused
80. Place where examination taken not an open court
80A. Appointment of return day
80B. Service of documents on accused
80C. Procedure on return day
81. Taking of evidence at hearing
81A. Admission of statements and exhibits in committal proceedings
81B. Committal for sentence on a plea of guilty
82. Provisions as to taking of depositions, and caution to and statement
of accused on proceedings before examining justices
83. Evidence of accused and defence witnesses
84. Order by committing magistrate for attendance at trial of witnesses
85. Discharge or committal of accused
85A. Procedure following committal
86. Depositions and exhibits after committal
87. Procedure on charge of indictable offence against corporation
87A. Restrictions on reports of committal proceedings
87B. Notice of result of committal proceedings
87C. Application to transferred proceedings
87D. Discharge of the accused where committal proceedings are not
instituted
88. Transfer of certain indictable offences
89. Effect of order of transfer
90. Procedure on making an order of transfer
91. Indictable offences which may be dealt with by special magistrate
summarily
92. Indictable offences which may be dealt with by permanent magistrate
summarily
92A. Summary disposal of transferred cases
93. Procedure as to indictable offences triable summarily
93A. Procedure as to transferred proceedings
93B. Discharge of accused where charge sheet is not delivered
94. Special powers for summary trial of certain indictable offences
94A. Consent of prosecutor to be obtained
95. (Repealed)
96. Supplementary powers over persons under 16
97. General power to fine
98. Power to award compensation
99. Power to sentence person using insulting language to or concerning
magistrate
100. Power to award compensation for malicious prosecution
101. Imprisonment for non-payment of a pecuniary penalty or amends awarded
for an offence under the Ordinance or any other enactment
101A. Issue of summons or warrant for non-payment of fine
102. Provisions relating to bail
103. Warrant of deliverance where accused is in prison when bail granted
104. Review of decision by magistrate
104A. Evidence in absence of accused in proceedings for his return to
Hong Kong
105. Application to state case on point of law
106. Transmission of case to Registrar and notice to respondent
107. Amendment of case by magistrate
108. Setting down case for argument
109. Judge may send case back for amendment
110. Giving of security by appellant and fees for appeals under section
105
111. Refusal to state or amend a case
112. Compelling magistrate to state or amend a case
113. Right of appeal from magistrate in any matter
113A. Review by a judge
114. Procedure for appeals under section 113 prior to entry of appeal
114A. Extension of time for giving notice of appeal under section 114
115. Service and notice
116. Provision as to entry of appeal
117. Abandonment of appeal
118. Procedure on hearing appeal
119. Release from custody by a magistrate and powers of the judge on
appeal
120. Provisions as to costs
121. Provisions as to forfeited recognizances
122. Treatment of appellants pending appeal or re-hearing
123. Right of Secretary for Justice to substitute himself as a party in
appeals in certain cases
124. Provisions for costs in cases where the Secretary for Justice has
intervened
125. Action against magistrate for act within his jurisdiction
126. Action for act done without or in excess of jurisdiction
127. Action to be against convicting magistrate
128. Compelling magistrate to do act and immunity for doing it
129. After appeal no action for anything done under warrant upon it
130. Setting aside of action prohibited by the Ordinance
131. Provisions as to limitation of actions, costs, tender, payment and
notice
132. Amount of damages in certain cases
133. Rules
134. Regulations as to costs and fees
135. Amendment of First Schedule and Fourth Schedule
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
[ Note: This table has been automatically generated and may be incomplete. ]