《LAWS OF HONG KONG CRIMINAL PROCEDURE ORDINANCE CAHAPTET 221》求取 ⇩

CHAPTER 221CRIMINAL PROCEDURE ORDINANCE9

ARRANGEMENT OF SECTIONS9

1.Short title9

2. Interpretation10

PART ⅠBUSINESS OF THE COURT10

3. Master of Crown Office10

4. [Repealed]11

5. Bringing of prisoners before the court11

6. [Repealed]11

7. Assistance by police11

8. [Repealed]11

9. Rules and orders as to practice and procedure11

9A. Legal aid in criminal cases11

9B. Rules for payment of allowance to witnesses12

PART ⅡPROCEEDINGS PRELIMINARY TO TRIAL13

Referring back of case13

10.Power to refer back to be dealt with summarily13

11. Power to refer back for further inquiry13

12. Further provisions as to referring back13

Bail14

12A.Power to bail accused person14

12B. Restriction on multiple bail applications14

12C. Application by Attorney General for review14

13. Custody pending review15

13A. Special conditions of bail15

13AA. Cash bail16

13B. Arrest of persons granted bail16

Institution of proceedings17

14.Institution of proceedings by Attorney General17

15. Right of Attorney General not to prosecute17

Indicnnent17

16.[ Repealed ]17

17. Signing of indictments17

18. Joinder of charges in the same indictment17

19. Offence committed on high seas or in foreign parts18

20. Averment as to money or bank note18

21. Charge of previous conviction18

22. General provision as to matters not necessary to be alleged, etc18

23. Orders for amendment of indictment. separate trial and postponement of trial18

24. [Repealed ]19

24A. When indictment shall be preferred19

24B. Joint trial of indictments19

25. Savings and interpretation20

Filing and service of indictment20

26.Filing of indictment20

27. Endorsement of notice of trial20

28. Delivery of copies of the indictment for service and for information20

29. Service20

30. Return of service21

Plea21

31.Plea of autrefois convict or autrefois acquit21

Inspection of property, etc.21

32.Inspection of property by party or witnesses21

33. Rule or order for attendance of jury21

Witnesses21

34.Summons to witness to attend High Court or District Court21

35. Witness to be notified of date of hearing in High Court22

36. Punishment for disobedience to witness order or summons22

37. Further process to secure attendance of witness22

38. Provisions supplementary to section 3723

38A. Abolition of subpoenas in certain proceedings23

39-40. [Repealed]24

PART ⅢPROCEEDINGS AT TRIAL24

Mode of trial24

41.General mode of trial24

42. Trial at bar24

43. [Repealed]24

Default of appearance24

44.[ Repealed ]24

45. Proceedings on non-appearance of accused person24

46. Apprehension of accused person not appearing24

47.Abolition of outlawry24

48. [Repealed]24

Arraignment24

49.Arraignment of accused person24

50. Effect of plea of not guilty25

51. Trial of offences25

51A. Entry of verdict of not guilty by order of judge26

52. Procedure on indictment containing count charging previous conviction26

53. Objection of substance to indictment27

Evidence27

54.Competency of witnesses in criminal cases27

55. Evidence of person charged28

56. Right of reply28

57. Calling of wife or husband29

58. Application29

59. Statements of accused persons29

60-62. [Repealed]29

Proof of certain matters29

63.Proof of previous convictions29

64. Proof on trial of plea of autrefois convict or acquit30

65. [Repealed]30

65A. Proof of criminal intent30

65B. Proof by written statement30

65C. Proof by formal admission32

65D. Notice of alibi33

65E. Proof of sexual intercourse34

Case punishable on summary conviction34

66.Procedure where person is committed for trial through error34

Verdict and judgment34

67.Special provision for saving validity of verdict in cases of larceny, etc34

67A. Time from which sentence to run34

68. Cumulative sentences35

69. Abolition of attainder35

70. Limitation on imposition of death penalty35

71. Calling upon the accused after verdict declared unnecessary36

Costs and compensation36

72.Court may award costs against person convicted of indictable offence36

73. Power to award compensation36

73A. Power to award costs in case of acquittal37

Arraignment and trial of insane person37

74.Acquittal on grounds of insanity37

75. Unfitness to plead37

76. Orders for admission to hospital38

76A. Evidence by prosecution of insanity or diminished responsibility39

Pregnancy39

77.Proceedings and sentence in case of expectant mother convicted of capital offence39

78. [Repealed]39

Record of proceedings39

79.Record of proceedings39

PART ⅣAPPEALS, QUESTIONS OF LAW RESERVED AND REFERRED AND REVIEW39

Interpretation39

80.Meaning of sentence40

Reservation of question of law40

81.Power to reserve question of law for consideration of Court of Appeal40

Review of sentence on the application of the Attorney General40

81A.Application by Attorney General for review of sentence41

81B. Review of sentence by Court of Appeal42

81C. Limitation on review of sentence by Court of Appeal under section 81B42

Reference of question of law43

81D.Reference to Court of Appeal of question of law following acquittal43

Appeal against conviction on indictment43

82.Right of appeal43

83. Grounds for allowing appeal under s. 8244

83A. Power to substitute conviction of alternative offence44

83B. Sentence where appeal allowed on part of an indictment45

83C. Disposal of appeal against conviction on special verdict45

83D. Substitution of finding of insanity or unfitness to plead45

Retrial46

83E.Power to order retrial46

83F. Supplementary provisions as to retrial46

Appeal against sentence47

83G.Appeal against sentence following conviction on indictment47

83H. Appeal against sentence in other cases dealt with at the High Court47

83I. Supplementary provisions as to appeal against sentence48

Appeal in cases of insanity48

83J.Appeal against verdict of not guilty by reason of insanity48

83K. Disposal of appeal under s. 83J49

83L. Hospital order on disposal of appeal50

Unfitness to stand trial50

83M.Right of appeal against finding of disability50

83N. Disposal of appeal under s. 83M51

Further provisions relating to appeals and questions of law reserved51

83O.Prohibition of staying or reversal of judgment or allowing appeal on specified grounds52

Review by Court of Appeal of cases tried on indictment52

83P.Reference by Governor52

Procedure from notice of appeal to hearing52

83Q.Initiating procedure52

83R. Bail53

83S. Disposal of groundless appeal54

83T. Preparation of case for hearing54

The hearing54

83U.Right of appellant to be present54

83V. Evidence55

Other matters depending on result of appeal55

83W.Effect of appeal on sentence55

83X. Restitution of property on conviction56

83XX. Award of costs by Court of Appeal56

Supplementary57

83Y.Powers of Court of Appeal under Part Ⅳ which are exercisable by single judge57

PART ⅣAOTHER PROCEEDINGS SUBSEQUENT TO TRIAL57

Restitution ofproperty57

84.Restitution of property in case of conviction58

Criminal bankruptcy orders58

84A.Criminal bankruptcy orders against convicted persons58

84B. Appeals in the case of criminal bankruptcy orders59

Calendar of sentences60

85.Transmission and effect of calendar of sentences60

86. Delivery and effect of certificate of sentences after each day61

Undergoing sentence, etc.61

87.Effect of undergoing sentence for felony not punishable with death61

88. Filing of original documents61

PART ⅤPARTIES61

89. Aiders, abettors and accessories61

90. Penalties for assisting offenders62

91. Penalties for concealing offences62

92-94. [Repealed]63

PART ⅥMISCELLANEOUS63

Negative averments63

94A.Negative averments63

Ownership of property63

95.Mode of stating ownership of property of partners. etc63

96. Mode of stating ownership of church, etc63

97. Mode of stating ownership of public property64

98-99. [Repealed]64

Coercion by husband64

100.Abolition of presumption of coercion of married woman by husband64

Apprehension of offenders64

101.Summary apprehension of offender in certain cases64

101A. Use of force in making arrest, etc65

Disposal of property65

102.Disposal of property connected with offences65

103. Seizure of things intended for use in commission of indictable offence66

104. Search warrant66

105. Report of property found upon person apprehended66

106. Application of money found upon person apprehended67

Presumption and determination of age67

106A.Presumption and determination of age67

Probation offirst offenders67

107.Power to permit conditional release of offenders67

108. Provision in case of offender failing to observe conditions of release67

109. Conditions as to abode of sureties68

Inprisonment ofyoung offenders68

109A.Restriction on imprisonment of persons between 16 and 21 years of age68

Supervision of young prisoners on release from prison68

109AA. Supervision orders68

109AB.Recall orders70

109AC. Arrest etc. of persons unlawfully at large70

Suspended sentences70

109B.Suspended sentences of imprisonment70

109C. Power of court on conviction of further offence to deal with suspended sentence71

109D. Court by which suspended sentence is to be dealt with72

109E. Discovery of further offences73

109F. Breach of condition73

109G. Interpretation73

109H. [Repealed]74

Enforcing recognizance74

110.Preparation of list of persons making default on recognizance74

111. Issue of writ of execution74

112. Apprehension and detention of person making default where recognizance is unsatisfied74

113. Failure of such person when released to appear on appointed day75

General power to fine75

113A.Power of court to fine75

Fines, forfeitures, and contempts75

114.Powers of court in relation to fines and forfeited recognizances75

Pardon77

115.Power to grant conditional pardon77

116. Effect of pardon77

117. Recording of pardon77

118. Saving of prerogative of mercy77

Error, etc.77

119.Prohibition of proccedings in error77

120. Interpretation of reference to information77

121. Repeal of rules and orders77

122. Power to exclude public from criminal courts78

123. Criminal proceedings may be held in camera and non-disclosure of identity of witnesses in certain cases78

124. Amendment of Third Schedule79

First Schedule.Forms79

Second Schedule81

Third Schedule.Excepted offences82

Fourth Schedule.Effect of Orders for admission to hospital82

Fifth Schedule.Consequences and effect of order for admission to hospital under section 83D or 83L83

Sixth Schedule.Procedural and other provisions applicable on order for retrial83

Seventh Schedule. Application of Part Ⅳ of Mental Health Ordinance where order made under section 83N84