Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 10

Manner of making complaint or laying information

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) Every complaint and every information under this Part, unless some
enactment otherwise requires, may respectively be made or laid without any
oath being made of the truth thereof; except in case of an information where
the magistrate receiving the same thereupon issues his warrant in the first
instance to apprehend the defendant as aforesaid; and in every such case where
the magistrate issues his warrant in the first instance the matter of the
information shall be substantiated by the oath of the informant, or of some
witness on his behalf, before any such warrant shall be issued. (Amended 25 of
1998 s. 2)

(2) For every distinct offence of which any person is accused there shall be a
separate complaint or information, and every such complaint or information
shall be tried separately except in the following cases-

   (a)  when a person is accused of more offences than one of the same or a
        similar character he may, subject to the provisions of section 26, be
        charged with and tried at the same time for any such offence, whether
        it is committed with respect to the same person or not: (Amended 49 of
        1965 s. 4) Provided that if the magistrate is of opinion that a person
        accused will be prejudiced or embarrassed in his defence, he may order
        a separate trial of any such charge or charges;

   (b)  if in one series of acts so connected together as to form the same
        transaction, more offences than one are committed by the same person,
        he may be charged with and tried at the same time for every such
        offence; and

   (c)  if a single act or series of acts is of such a nature that it is
        doubtful which of several offences the facts which can be proved will
        constitute, the accused person may be charged with having committed
        all or any of such offences and any number of such charges may be
        tried at once; or he may be charged in the alternative with having
        committed some one of the said offences. (Replaced 24 of 1949 s. 6)

(3) Every such complaint or information may be made or laid by the complainant
or informant in person or by his counsel or other person authorized in that
behalf.

(4) Every such complaint or information shall comply with the Indictment Rules
( Cap 221 sub. leg.) in so far as those rules are applicable mutatis mutandis
to any such complaint or information. (Replaced 36 of 1976 s. 4)