Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 14

Private prosecution and intervention by the Secretary for Justice

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) A complainant or informant who is not acting or deemed to act on behalf of
the Secretary for Justice may if he so wishes and without any prior leave
conduct in person or by counsel on his behalf the prosecution of the offence
to which the complaint or information relates but the Secretary for Justice
may at any stage of the proceedings before the magistrate intervene and assume
the conduct of the proceedings and may within the time limited by section 104
for applying for a review intervene for the purpose of applying for or being
made a party to any review.

(2) As from the date of any such intervention the Secretary for Justice shall
be deemed to be a party to the proceedings or the review in lieu of such
complainant or informant.

(3) Such intervention may be effected by oral intimation given to the
magistrate by a legal officer in the Department of Justice acting under the
instructions of the Secretary for Justice or by notice in writing under the
hand of the Secretary for Justice of his intervention lodged with the
magistrates' clerk. In the event of oral intimation as aforesaid having been
given the Secretary for Justice shall as soon as conveniently may be cause
notice in writing of his intention to be lodged as aforesaid. (Amended 25 of
2008 s. 4) (Added 24 of 1949 s. 8. Amended L.N. 362 of 1997)