Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 15

Secretary for Justice may withdraw case by entering nolle prosequi*

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

(1) In any case before a magistrate in which an accused person is being tried
for an indictable offence pursuant to section 91, 92 or 92A and at any stage
thereof before judgment and in any case in which an inquiry is being held by a
magistrate for the purpose of determining whether an accused should be
committed for trial, the Secretary for Justice may enter a nolle prosequi by
informing the magistrate in writing that the HKSAR intends that the
proceedings shall not continue, and thereupon the accused shall be at once
discharged in respect of the charge for which the nolle prosequi is entered,
and if he has been committed to prison shall be released, or if on bail his
recognizances shall be discharged; but such discharge of an accused person
shall not operate as a bar to any subsequent proceedings against him on
account of the same facts. (Amended 59 of 1992 s. 13; L.N. 362 of 1997; 25 of
1998 s. 2; 59 of 1999 s. 3)

(2) If the accused shall not be before the magistrate when such nolle prosequi
is entered the magistrates' clerk shall forthwith cause notice in writing of
the entry of such nolle prosequi to be given to the keeper of the prison in
which such accused may be detained. (Added 24 of 1949 s. 8)
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* (Replaced 25 of 2008 s. 5)