Criminal Procedure Ordinance

T-2
Cap. 221

Criminal Procedure Ordinance

(Cap. 221)

Contents

Section Page
1. Short title 1-2
2. Interpretation 1-2
Part I
Business of the Court
3-4. (Repealed) 1-6
5. Bringing of prisoners before the court 1-6
6. (Repealed) 1-6
7. Assistance by police 1-6
8. (Repealed) 1-8
9. Rules and orders as to practice and procedure 1-8
9A. Legal aid in criminal cases 1-10
9B. Rules for payment of allowance to witnesses 1-12
Part IA
Bail
9C. Interpretation 1A-2
9D. Right of accused person to be admitted to bail 1A-2
9E. Relief from obligation as surety 1A-6

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Section Page
9F. Prohibition against agreements to indemnify 1A-8
surety
9G. An accused person may be refused bail in 1A-8
particular circumstances
9H. Application by Secretary for Justice for 1A-14
review of admission to bail by a District
Judge or magistrate
9I. Custody pending review 1A-16
9J. Review of refusal of bail or conditions of bail 1A-18
9K. Arrest of persons admitted to bail 1A-18
9L. Offence of failing to surrender to custody as 1A-20
shall have been appointed
9M. Forfeiture on failure to surrender to custody 1A-22
as shall have been appointed
9N. Procedure in bail proceedings 1A-24
9O. Aids in proof 1A-26
9P. Restriction on reports of bail proceedings 1A-26
9Q. Record of bail proceedings 1A-30
Part II
Proceedings Preliminary to Trial
Referring back of case
10. Power to refer back to be dealt with 2-2
summarily

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Section Page
10A. Service of documents in transferred 2-2
proceedings
10B. Discharge of the accused 2-6
11. Power to refer back for further inquiry 2-8
12. Further provisions as to referring back 2-8
12A. (Repealed) 2-10
12B. (Repealed) 2-10
12C. (Repealed) 2-10
13. (Repealed) 2-10
13A. (Repealed) 2-10
13AA. (Repealed) 2-10
13B. (Repealed) 2-12
Institution of proceedings
14. Institution of proceedings by Secretary for 2-12
Justice
14A. Trial of offences 2-12
14B. Prosecution of offences 2-14
15. Right of Secretary for Justice not to prosecute 2-16
Discharge of accused
16. Discharge of accused after committal without 2-16
a hearing
Indictment

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Section Page
17. Signing of indictments 2-20
18. Joinder of charges in the same indictment 2-22
19. Offence committed on high seas or in any 2-22
place outside Hong Kong
20. Averment as to money or bank note 2-22
21. Charge of previous conviction 2-24
22. General provision as to matters not necessary 2-24
to be alleged, etc.
23. Orders for amendment of indictment, separate 2-24
trial and postponement of trial
24. (Repealed) 2-28
24A. When indictment shall be preferred 2-28
24B. Joint trial of indictments 2-30
25. Savings and interpretation 2-30
Filing and service of indictment
26. Filing of indictment 2-32
27. Endorsement of notice of trial 2-32
28. Delivery of copies of the indictment for 2-32
service and for information
29. Service 2-32
30. Return of service 2-34
Plea

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Section Page
31. Plea of autrefois convict or autrefois acquit 2-34

Inspection of property, etc.

32. Inspection of property by party or witnesses 2-34
33. Rule or order for attendance of jury 2-36
Witnesses
34. Summons to witness to attend Court of First 2-36
Instance or District Court
35. Witness to be notified of date of hearing in 2-38
Court of First Instance
36. Punishment for disobedience to witness order 2-38
or summons
37. Further process to secure attendance of 2-40
witness
38. Provisions supplementary to section 37 2-42
38A. Abolition of subpoenas in certain proceedings 2-44
39-40. (Repealed) 2-46
Part III
Proceedings at Trial
Mode of trial
41. General mode of trial 3-2
42. Trial at bar 3-2
43. (Repealed) 3-2
Default of appearance

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Section Page
44. (Repealed) 3-2
45. Proceedings on non-appearance of accused 3-4
person
46. Apprehension of accused person not 3-4
appearing
47. Abolition of outlawry 3-4
48. (Repealed) 3-4
Arraignment
49. Arraignment of accused person 3-4
50. Effect of plea of not guilty 3-8
51. Trial of offences 3-8
51A. Entry of verdict of not guilty by order of 3-10
judge
52. (Repealed) 3-12
53. Objection of substance to indictment 3-12
Evidence
54. Competence of person charged in criminal 3-12
cases
55. Evidence of person charged 3-16
56. Right of reply 3-16
57. Competence and compellability of accused’s 3-18
spouse or former spouse

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Section Page
57A. Right to apply for exemption from obligation 3-24
to give evidence
58. Application 3-26
59. Statements of accused persons 3-26
60. Abolition of corroboration rule in respect of 3-28
alleged accomplices
61-62. (Repealed) 3-28
Proof of certain matters
63. Proof of previous convictions 3-28
64. Proof on trial of plea of autrefois convict or 3-32
acquit
65. (Repealed) 3-32
65A. Proof of criminal intent 3-32
65B. Proof by written statement 3-32
65C. Proof by formal admission 3-38
65D. Notice of alibi 3-40
65DA. Notice of expert evidence 3-46
65E. Proof of sexual intercourse 3-50
Transfer of proceedings
65F. Transfer of proceedings 3-50
65G. Delivery of the order of transfer 3-54
65H. Application may be made in a multi- 3-56
defendant or multi-count situation

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Section Page
Case punishable on summary conviction
66. (Repealed) 3-56
Verdict and judgment
66A. (Repealed) 3-56
67. (Repealed) 3-56
67A. Computation of sentences of imprisonment 3-56
67B. Minimum term to be specified in respect of 3-60
person sentenced to life imprisonment
67C. Determinations in respect of certain existing 3-62
prisoners
67D. Further provisions relating to applications 3-64
under section 67C and related procedural
matters
67E. Sections 67C and 67D no longer to apply if 3-68
prescribed prisoners cease to serve relevant
sentence
67F. Effect of section 67C determinations on 3-70
previous orders under section 15(1)(b)
of Long-term Prison Sentences Review
Ordinance
67G. Interpretation 3-72
68. Cumulative sentences 3-76
69. Abolition of certain forms of punishment 3-78
70-71. (Repealed) 3-78
Compensation

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Section Page
72. (Repealed) 3-78
73. Power to award compensation 3-78
73A. (Repealed) 3-80
Arraignment and trial of insane person
74. Acquittal on grounds of insanity 3-80
75. Fitness to be tried 3-82
75A. Determination as to whether accused person 3-86
under disability did the act or made the
omission charged
76. Orders to be made 3-88
76A. Evidence by prosecution of insanity or 3-92
diminished responsibility
Pregnancy
77-78. (Repealed) 3-92
Record of proceedings
79. Record of proceedings and inspection thereof 3-92
Part IIIA
Special Procedures for Vulnerable
Witnesses
79A. Interpretation 3A-2
79B. Evidence by live television link 3A-6
79C. Video recorded evidence 3A-8
79D. Chief Judge to make rules 3A-14

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Section Page
79E. Depositions 3A-14
79F. Notice of transfer 3A-22
79G. Application for dismissal of charges contained 3A-26
in a notice of transfer
Part IIIB
(Repealed)
79H. (Repealed) 3B-2
79I. (Repealed) 3B-2
79J. (Repealed) 3B-2
79K. (Repealed) 3B-2
79L. (Repealed) 3B-2
Part IV
Appeals, Questions of Law Reserved and
Referred and Review
Division 1—Interpretation

(Cross-heading repealed)
80. Interpretation of Part IV 4-2
Division 2—Reservation of Question of
Law

(Cross-heading repealed)
81. Power to reserve question of law for 4-4
consideration of Court of Appeal

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Section Page
Division 3—Appeal against Ruling of No
Case to Answer
81AA. Interpretation of Division 3 4-6
81AAB. Application of Division 3 4-6
81AAC. Appeal against specified rulings 4-8
81AAD. Acquittal guarantee 4-10
81AAE. Specified ruling to have no effect pending 4-10
appeal
81AAF. Expedited and non-expedited appeals 4-12
81AAG. Continuation of proceedings for offences not 4-14
affected by appeal
81AAH. Determination of appeal by Court of Appeal 4-14
81AAI. Restrictions on reports of proceedings relating 4-16
to appeals under this Division
81AAJ. Court may relax restrictions on reports 4-20
Division 4—Review of Sentence on the
Application of the Secretary for Justice

(Cross-heading repealed)
81A. Application by Secretary for Justice for 4-22
review of sentence
81B. Review of sentence by Court of Appeal 4-26
81C. Limitation on review of sentence by Court of 4-26
Appeal under section 81B

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Section Page
Division 5—Reference of Question of Law

(Cross-heading repealed)
81D. Reference to Court of Appeal of question of 4-28
law following acquittal
Division 6—Appeal by Way of Case Stated
81DA. Appeal by way of case stated against verdict 4-32
of acquittal given by the court without jury
81DB. Defendant may be detained in custody or 4-34
admitted to bail immediately after verdict of
acquittal
81DC. Court of Appeal may issue warrant for arrest 4-34
of respondent
81DD. Determination of appeal by Court of Appeal 4-36
Division 7—Appeal against Discharge

(Cross-heading repealed)
81E. Appeal to Court of Appeal following 4-38
discharge
81F. Appeal to Court of Appeal against order 4-38
quashing indictment
Division 8—Appeal against Conviction on
Indictment

(Cross-heading repealed)
82. Right of appeal 4-42

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Section Page
83. Grounds for allowing appeal under section 82 4-42
83A. Power to substitute conviction of alternative 4-44
offence
83B. Sentence where appeal allowed on part of an 4-46
indictment
83C. Disposal of appeal against conviction on 4-46
special verdict
83D. Substitution of finding of insanity or unfitness 4-46
to plead
Division 9—Retrial

(Cross-heading repealed)
83E. Power to order retrial 4-50
83F. Supplementary provisions as to retrial 4-50
Division 10—Appeal against Sentence

(Cross-heading repealed)
83G. Appeal against sentence following conviction 4-52
on indictment
83H. Appeal against sentence in other cases dealt 4-54
with at the Court of First Instance
83I. Supplementary provisions as to appeal against 4-56
sentence
Division 11—Appeal in Cases of Insanity

(Cross-heading repealed)

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Section Page
83J. Appeal against verdict of not guilty by reason 4-60
of insanity
83K. Disposal of appeal under section 83J 4-60
83L. Hospital order on disposal of appeal 4-64
Division 12—Unfitness to Stand Trial

(Cross-heading repealed)
83M. Right of appeal against finding of disability 4-66
83N. Disposal of appeal under section 83M 4-68
Division 13—Further Provisions Relating
to Appeals and Questions of Law Reserved

(Cross-heading repealed)
83O. Prohibition of staying or reversal of judgment 4-72
or allowing appeal on specified grounds
Division 14—Review by Court of Appeal of
Cases Tried on Indictment

(Cross-heading repealed)
83P. Reference by Chief Executive 4-72
Division 15—Procedure from Notice of
Appeal to Hearing

(Cross-heading repealed)
83Q. Initiating procedure 4-74

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Section Page
83R. Bail 4-78
83RA. Determination of application for leave to 4-78
appeal
83S. Disposal of groundless appeal 4-78
83T. Preparation of case for hearing 4-80
Division 16—The Hearing

(Cross-heading repealed)
83U. Right of appellant to be present 4-82
83V. Evidence 4-82
Division 17—Other Matters Depending on
Result of Appeal

(Cross-heading repealed)
83W. Effect of appeal on sentence 4-90
83X. Restitution of property on conviction 4-92
83XX. (Repealed) 4-94
Division 18—Supplementary

(Cross-heading repealed)
83Y. Powers of Court of Appeal under Part IV 4-94
which are exercisable by single judge
83Z. Power to bail convicted person 4-98
83ZA. (Repealed) 4-98

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Section Page
Part IVA
Other Proceedings Subsequent to Trial
Restitution of property
84. Restitution of property in case of conviction 4A-2
Criminal bankruptcy orders
84A. Criminal bankruptcy orders against convicted 4A-2
persons
84B. Appeals in the case of criminal bankruptcy 4A-6
orders
Calendar of sentences
85. Transmission and effect of calendar of 4A-10
sentences
86. Delivery and effect of certificate of sentences 4A-10
after each day
Undergoing sentence, etc.
87. (Repealed) 4A-12
88. Filing of original documents 4A-12
Part V
Parties
89. Aiders, abettors and accessories 5-2
90. Penalties for assisting offenders 5-2
91. Penalties for concealing offences 5-4
92-94. (Repealed) 5-6

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Section Page
Part VI
Miscellaneous
Negative averments
94A. Negative averments 6-2
Ownership of property
95. Mode of stating ownership of property of 6-2
partners, etc.
96. Mode of stating ownership of church, etc. 6-4
97. Mode of stating ownership of public property 6-4
98-99. (Repealed) 6-6
Coercion by husband
100. Abolition of presumption of coercion of 6-6
married woman by husband
Apprehension of offenders
101. Summary apprehension of offender in certain 6-6
cases
101A. Use of force in making arrest, etc. 6-8
Attempts, penalties, proceedings, etc.
101B. (Repealed) 6-10
101C. Reference to an offence to include aiding, etc. 6-10
101D. Acts constituting 2 or more offences 6-12
101E. Liability of directors, etc. 6-12

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Section Page
101F. Penalties prescribed to be deemed maximum 6-12
penalties
101G. Statement of penalty at end of section 6-14
101H. Certain penalties may be cumulative 6-14
101I. Punishment of indictable offences 6-16

101J. Amendment of penalty 6-18

Disposal of property
102. Disposal of property connected with offences 6-18
103. Seizure of things intended for use in 6-22
commission of indictable offence
104. Search warrant 6-22
105. Report of property found upon person 6-22
apprehended
106. Application of money found upon person 6-24
apprehended
Presumption and determination of age
106A. Presumption and determination of age 6-24
Probation of first offenders
107. Power to permit conditional release of 6-24
offenders
108. Provision in case of offender failing to 6-26
observe conditions of release
109. Conditions as to abode of sureties 6-28

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Section Page
Imprisonment of young offenders
109A. Restriction on imprisonment of persons 6-28
between 16 and 21 years of age
Supervision of young prisoners on release
from prison
109AA. Supervision orders 6-30
109AB. Recall orders 6-36
109AC. Arrest etc. of persons unlawfully at large 6-38
Suspended sentences
109B. Suspended sentences of imprisonment 6-38
109C. Power of court on conviction of further 6-42
offence to deal with suspended sentence
109D. Court by which suspended sentence is to be 6-46
dealt with
109E. Discovery of further offences 6-48
109F. Breach of condition 6-48
109G. Interpretation 6-50
109H. (Repealed) 6-50
109I. Power to bind over to keep the peace 6-50
Enforcing recognizance
110. Preparation of list of persons making default 6-50
on recognizance
111. Issue of writ of execution 6-52

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Section Page
112. Apprehension and detention of person making 6-52
default where recognizance is unsatisfied
113. Failure of such person when released to 6-54
appear on appointed day
General power to fine
113A. Power of court to fine 6-54
113B. Levels of fines for offences 6-56
113C. Provision for fines for offences 6-58
Fines, forfeitures, and contempts
114. Powers of court in relation to fines and 6-60
forfeited recognizances
Pardon
115. Power to grant conditional pardon 6-64
116. Effect of pardon 6-66
117. Recording of pardon 6-66
118. Saving of prerogative of mercy 6-66
Error, etc.
119. Prohibition of proceedings in error 6-68
120. Interpretation of reference to information 6-68
121. Repeal of rules and orders 6-68
122. Power to exclude public from criminal courts 6-68

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Section Page
123. Criminal proceedings may be held in camera 6-70
and non-disclosure of identity of witnesses in
certain cases
124. Amendment of Schedule 3 6-78
Schedule 1 S1-2
Schedule 2 (Repealed) S2-2
Schedule 3 Excepted Offences S3-2
Schedule 4 Effect of Orders for Admission to S4-2
Hospital
Schedule 5 Consequences and Effect of Order for S5-2
Admission to Hospital under Section
83D or 83L
Schedule 6 Procedural and Other Provisions S6-2
Applicable on Order for Retrial
Schedule 7 Application of Part IV of Mental S7-2
Health Ordinance where order made
under section 83N
Schedule 8 Level of Fines for Offences S8-2

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 Criminal Procedure Ordinance

1-2
Section 1 Cap. 221

To consolidate and amend the laws relating to criminal procedure, evidence

and practice.
(Replaced 24 of 1950 Schedule)

[7 July 1899]

1. Short title
This Ordinance may be cited as the Criminal Procedure Ordinance.
(Amended 5 of 1924 s. 6)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
appellant (上訴人) includes a person who has given notice of
application for leave to appeal; (Added 34 of 1972 s. 2)
bailiff (執達主任) means the bailiff of the court and includes any
deputy of the bailiff;
Correctional Services Department Psychiatric Centre (懲教署精
神病治療中心) means the Correctional Services Department
Psychiatric Centre set apart as a prison under section 4 of the
Prisons Ordinance (Cap. 234); (Added 37 of 1973 s. 7)
court (法院、法庭) means the Court of First Instance acting in the
exercise of its criminal jurisdiction; (Amended 25 of 1998 s. 2)
court of trial (主審法院、主審法庭) in relation to an appeal
means the court from which the appeal lies; (Added 34 of
1972 s. 2)
hospital order (入院令) means an order made under section 45, 54
or 54A of the Mental Health Ordinance (Cap. 136); (Added
34 of 1972 s. 2. Amended 37 of 1973 s. 7; 46 of 1988 s. 33;
81 of 1997 s. 59)

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Section 2 Cap. 221

indictment (公訴書、公訴程序) includes any criminal information

triable by a jury;
medical superintendent (院長) means the medical superintendent
or an assistant medical superintendent of a mental hospital
appointed under section 4 of the Mental Health Ordinance
(Cap. 136); (Added 34 of 1972 s. 2)
mental hospital (精神病院) means any place declared to be
a mental hospital under section 3 of the Mental Health
Ordinance (Cap. 136); (Added 34 of 1972 s. 2)
property (財產) includes goods, chattels, money, valuable
securities, and every other matter or thing, whether real or
personal, upon or with reference to which any offence may be
committed;
Registrar (司法常務官) means the Registrar of the High Court;
(Amended 10 of 2005 s. 178)
Rules Committee (規則委員會) means the Criminal Procedure
Rules Committee constituted under section 9; (Added 13 of
1995 s. 22)
specified form (指明的表格) means a form specified by the Rules
Committee under section 9(4); (Added 13 of 1995 s. 22)
under disability (無行為能力), in relation to an accused person,
means under any disability such that apart from this
Ordinance it would amount to a bar to his being tried; (Added
34 of 1972 s. 2)
witness order (證人令) means an order made under section 84(1)
of the Magistrates Ordinance (Cap. 227) and conditional
witness order (附有條件的證人令) shall be construed
accordingly; (Added 59 of 1981 s. 3)
witness summons (證人傳票) means a summons issued under
section 34. (Added 59 of 1981 s. 3)

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 Criminal Procedure Ordinance

Part I 1-6
Section 3 Cap. 221

(Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 21 of 1912 s. 2; 5

of 1924 s. 12 & Schedule)
(Format changes—E.R. 1 of 2018)

Part I

Business of the Court

(Format changes—E.R. 1 of 2018)

3. (Repealed 39 of 1999 s. 3)

4. (Repealed 63 of 1971 s. 11)

5. Bringing of prisoners before the court

The Commissioner of Correctional Services shall, by himself or his
deputy, bring each prisoner awaiting trial before the court when his
case is called for trial, and during the continuance of the trial shall
have him under his charge and custody, and remand him to prison,
by permission or order of the court, during the progress of the trial
or on any adjournment thereof.
(Amended 1 of 1912 Schedule; 5 of 1924 s. 12; 25 of 1937 s. 3;
G.N. 678 of 1938; 63 of 1971 s. 2)

6. (Repealed 63 of 1971 s. 11)

7. Assistance by police
The police shall afford such assistance as may be necessary to
enable the Commissioner of Correctional Services to comply with
the requirements of section 5.
(Amended 50 of 1911 s. 4; 5 of 1924 ss. 8 & 12; 25 of 1937 s. 3;
G.N. 678 of 1938; 63 of 1971 s. 3)

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 Criminal Procedure Ordinance

Part I 1-8
Section 8 Cap. 221

8. (Repealed 63 of 1971 s. 11)

9. Rules and orders as to practice and procedure

(1) Rules and orders regulating the practice and procedure under
this Ordinance shall be made by the Criminal Procedure
Rules Committee, which shall consist of—
(a) the Chief Judge, who shall be chairman; (Amended 10 of
2005 s. 9)
(b) a Justice of Appeal appointed by the Chief Judge;
(Amended 10 of 2005 s. 9)
(c) a judge of the Court of First Instance appointed by the
Chief Judge; (Amended 25 of 1998 s. 2; 10 of 2005 s. 9)
(d) the Secretary for Justice or a legal officer nominated by
him; (Amended L.N. 362 of 1997)
(e) the Director of Legal Aid or a legal aid officer
nominated by him;
(f) a barrister nominated by the Hong Kong Bar
Association;
(g) a solicitor nominated by The Law Society of Hong
Kong;
(h) the Registrar, or a Senior Deputy Registrar or Deputy
Registrar of the High Court appointed by the Chief
Judge, who shall be secretary. (Replaced 13 of 1995
s. 23. Amended 10 of 2005 s. 179)
(1A) Rules and orders made by the Rules Committee shall not
have effect until approved by the Legislative Council and
published in the Gazette. (Added 13 of 1995 s. 23)
(2) Such rules and orders may provide for the times for or within
which documents must be filed or notices given, the duties
of the various officers of the court, the manner in which

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 Criminal Procedure Ordinance

Part I 1-10
Section 9A Cap. 221

cases and arguments are to be presented, and generally for

the better carrying out of the provisions of this Ordinance.
(Amended 24 of 1950 Schedule; 15 of 1969 s. 2; 13 of 1995
s. 23)
(3) Subject to the provisions of this Ordinance and to such
rules and orders and any other enactment (including any
enactment relating to juries) applicable thereto, the practice
and procedure in all criminal causes and matters shall be, as
nearly as possible, the same as the practice and procedure
from time to time and for the time being in force for similar
cases in England. (Amended 6 of 2024 s. 140)
(4) The Rules Committee may, by notice in the Gazette, specify
forms for use under this Ordinance, and such forms shall
be adhered to with such variations and additions as may be
necessary. (Added 13 of 1995 s. 23)
(Replaced 5 of 1933 s. 2)

9A. Legal aid in criminal cases

(1) Subject to subsection (1A), the Rules Committee may, with
the approval of the Legislative Council, make rules providing
for the granting of legal aid in criminal cases to persons of
limited means which rules, in particular, may—  (Amended
13 of 1995 s. 24; 37 of 1996 s. 2)
(a) make provision as to the information to be given by a
person seeking or receiving legal aid;
(b) make provision as to the manner in which the rate of
a person’s disposable income and the amount of his
disposable capital are to be computed for the purpose
of the rules and the person or authority by whom such
computation shall be made;

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Section 9B Cap. 221

(c) determine whether any resources are to be treated as

disposable income or disposable capital and for taking
into account fluctuations of income;
(d) determine the contribution towards costs and expenses
to be made by a person receiving legal aid;
(e) determine the extent to which any resources of a
person’s husband or wife shall be treated as that person’s
resources for the purpose of the rules;
(f) provide, in relation to infants and in other special cases,
for taking into account the resources of other persons;
(g) prescribe the scale of fees and costs which shall be paid
to solicitor or counsel acting for an aided person (or
submitting any opinion for the purpose of the rules);
(h) prescribe any forms to be used for the purpose of the
rules.
(1A) Rules may be made under subsection (1) for the granting
of legal aid to accused persons who are not represented by
counsel or solicitor (and whether or not such persons are of
limited means) for the purposes of assisting the court, within
the meaning of section 75(6), in its consideration of the
question of fitness to be tried of such persons. (Added 37 of
1996 s. 2)
(2) The expenses of legal aid granted under such rules shall be
met from moneys provided by the Legislative Council.
(Added 15 of 1969 s. 3)(See also Cap. 91 s. 28(2))

9B. Rules for payment of allowance to witnesses

(1) The Rules Committee may, with the approval of the
Legislative Council, make rules providing for the payment
of an allowance to witnesses in criminal proceedings

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before any court, and such rules may, in particular, provide

for—  (Amended 13 of 1995 s. 25)
(a) the classification of witnesses;
(b) the payment of different rates of allowance to different
classes of witnesses; and
(c) the rate of allowance which may be paid to witnesses in
a particular class.
(2) The expenses of the allowances paid under such rules shall be
met from moneys provided by the Legislative Council.
(3) In this section—
(a) court (法庭) includes the District Court and a
magistrate;
(b) witness (證人) means any person properly attending a
court to give evidence, whether or not called to give
evidence at the instance of the court, and whether or not
he gives evidence, and includes—
(i) a person who conducts a prosecution under section
14 of the Magistrates Ordinance (Cap. 227) and
obtains an order for costs under section 69 of that
Ordinance; and
(ii) a defendant who obtains an order for costs under
section 73A, or section 69 of the Magistrates
Ordinance (Cap. 227),
but does not include a person who is—
(A) a police officer attending court in the course of his
duties;
(B) an officer of the Correctional Services Department
attending court in the course of his duties; or

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(C) a prisoner in respect of any occasion on which he

is conveyed to court in custody. (Replaced 6 of
1990 s. 2)
(Added 56 of 1971 s. 2)

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Part IA

Bail
(Part IA added 56 of 1994 s. 2)
(Format changes—E.R. 1 of 2018)

9C. Interpretation
In this Part—
admitted to bail (獲准保釋、准予保釋) means the release by
a court of a person from detention on his undertaking that
he shall surrender to custody on the day that the court may
appoint;
court (法院、法庭) includes the District Court and a magistrate;
judge (法官) means a Justice of Appeal, a judge of the Court
of First Instance and a deputy judge of the Court of First
Instance; (Replaced 25 of 1998 s. 2)
surrender to custody (歸押) means appearing before the court on
being called on the day as shall have been appointed by the
court.
(Added 56 of 1994 s. 2)

9D. Right of accused person to be admitted to bail

(1) Subject to this section and section 9G, a court shall order an
accused person to be admitted to bail, whether he has been
committed for trial or not, when—
(a) he appears or is brought before a court in the course
of or in connection with proceedings for the offence of
which he is accused; or
(b) he applies to the court before which he is accused to be
admitted to bail; or
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(c) he applies to a judge under section 9J to be admitted to

bail.
(2) An order under subsection (1) may be subject to such
conditions as appear to the court to be necessary to secure
that the person admitted to bail will not—
(a) fail to surrender to custody as the court may appoint; or
(b) commit an offence while on bail; or
(c) interfere with a witness or pervert or obstruct the course
of justice.
(3) Without affecting the generality of subsection (2), the court—
(a) may not make it a condition of admission to bail that
a recognizance of bail be taken from the person so
admitted but may make it a condition, for the purpose
only of securing the surrender of that person to custody
as the court may appoint, that a recognizance of bail be
taken from a surety;
(b) may make it a condition of admission to bail that the
person so admitted—
(i) shall surrender to the court any passport or travel
document;
(ii) shall not leave Hong Kong;
(iii) shall report to a police station or the offices of the
Independent Commission Against Corruption as
the court may specify;
(iv) shall reside at a specified address and be present
therein between such times as the court may
specify;
(v) shall not enter any place or premises as the court
may specify;

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(vi) shall not go within such distance of any place or

premises as the court may specify;
(vii) shall not contact directly or indirectly such person
as the court may specify;
(viii) or any person on his behalf or he and any such
person shall, for the purpose only of securing the
surrender to custody of the person admitted to bail
as the court may appoint, deposit with the court
such reasonable sum of money as the court may
require.
(4) In considering the suitability of a surety for a proposed
recognizance of bail under subsection (3)(a), the court shall
have regard to—
(a) the surety’s financial resources;
(b) any other matter that appears to the court to be relevant,
and any recognizance of bail taken from a surety under that
subsection may, if an order under subsection (1) so directs,
be taken before any magistrate or before the Commissioner
of Correctional Services, the Deputy Commissioner
of Correctional Services or a Senior Superintendent or
Superintendent of Correctional Services.

9E. Relief from obligation as surety

(1) If on application made to it by a surety from whom a
recognizance of bail has been taken a court is satisfied that
the surety has reasonable cause to believe that the person for
whom he is surety will not surrender to custody as shall have
been appointed by the court, the court may order that he be
relieved of his obligations as a surety.
(2) On the making of an order under subsection (1), the court
shall issue a warrant for the arrest of the person for whom the
surety was provided.
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9F. Prohibition against agreements to indemnify surety

(1) Any agreement indemnifying or purporting to indemnify any
person against any liability which he may incur as a surety to
secure the surrender to custody of a person admitted to bail
shall be void.
(2) Any person who enters into an agreement of the description
mentioned in subsection (1) commits an offence.
(3) An offence under subsection (2) is committed whether
the agreement is entered into before or after the person to
be indemnified becomes a surety and whether or not he
becomes a surety and whether the agreement contemplates
compensation in money or money’s worth.
(4) Any person who commits an offence under subsection (2)
is liable on summary conviction to a fine at level 6 and
to imprisonment for 6 months, and on conviction upon
indictment to a fine of any amount and to imprisonment for
12 months. (Amended E.R. 4 of 2021)

9G. An accused person may be refused bail in particular

circumstances
(1) The court need not admit an accused person to bail if it
appears to the court that there are substantial grounds for
believing, whether or not an admission were to be subject
to conditions under section 9D(2), that the accused person
would—
(a) fail to surrender to custody as the court may appoint; or
(b) commit an offence while on bail; or
(c) interfere with a witness or pervert or obstruct the course
of justice.

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(2) The court in forming an opinion under subsection (1) may

have regard to—
(a) the nature and seriousness of the alleged offence and,
in the event of conviction, the manner in which the
accused person is likely to be dealt with;
(b) the behaviour, demeanour and conduct of the accused
person;
(c) the background, associations, employment, occupation,
home environment, community ties and financial
position of the accused person;
(d) the health, physical and mental condition and age of the
accused person;
(e) the history of any previous admissions to bail of the
accused person;
(f) the character, antecedents and previous convictions, if
any, of the accused person;
(g) the nature and weight of the evidence of the commission
of the alleged offence by the accused person;
(h) any other thing that appears to the court to be relevant.
(3) An accused person need not be admitted to bail if it appears
to the court that he should be detained in custody for—
(a) if he has attained the age of 18 years, his own
protection; or
(b) if he has not attained the age of 18 years, his own
protection, safety or welfare; or
(c) the purpose of further inquiry relating to the determining
of the question of whether he should be admitted to bail.
(4) An accused person need not be admitted to bail if—
(a) he is detained in custody—

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(i) under a sentence of any court; or

(ii) for or in connection with a charge of failing to
surrender to custody under section 9L; or
(b) the court is satisfied that—
(i) he has previously failed to comply with any
condition of bail imposed under section 9D; or
(ii) any other court dealing with him in the same
proceedings is or has been so satisfied.
(5) An accused person need not be admitted to bail if he is the
subject of a hospital order for the time being in force.
(6) An accused person need not be admitted to bail if he is the
subject of an order made under section 109B (suspended
sentence) for the time being in force and he is before the
court under section 109D or 109E.
(7) An accused person need not be admitted to bail if he is
the subject of a deportation order for the time being in
force made under section 20 of the Immigration Ordinance
(Cap. 115).
(8) An accused person need not be admitted to bail if he is
before the court under section 5 or 6 of the Probation of
Offenders Ordinance (Cap. 298) (breach of probation order;
or commission of further offence).
(9) An accused person need not be admitted to bail if he is before
the court under section 8 or 9 of the Community Service
Orders Ordinance (Cap. 378) (breach of community service
order; or commission of further offence).
(10) An accused person charged with murder may be admitted to
bail only on the order of a judge. (Replaced 6 of 2024 s. 141)
(11) If at any hearing the court refuses to admit an accused person
to bail the court shall, at each subsequent hearing while the

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accused remains in custody, consider the question of whether

or not he ought to be admitted to bail and—
(a) on the first occasion after that upon which the court first
refused to so admit, the court shall hear any argument
as to fact or law put to it in support of his admission
to bail, whether or not it has previously heard that
argument;
(b) on the second or any subsequent occasion after that
upon which the court first refused to so admit, the court
need not hear any argument as to fact or law put to it
in support of his admission to bail, if it has previously
heard that argument.

9H. Application by Secretary for Justice for review of admission to

bail by a District Judge or magistrate
(1) Where a District Judge or magistrate has admitted any
person to bail the Secretary for Justice may apply to a judge
to review the decision of the District Judge or magistrate.
(Amended L.N. 362 of 1997)
(2) Subject to section 9I(3), an application under subsection (1)
shall be made by summons before a judge in chambers and
supported by affidavit.
(3) The summons may be served on the person admitted to bail
at any time before the time appointed therein for the hearing.
(4) On the hearing of the application the Secretary for Justice
shall be entitled to put before the judge such relevant
argument and such relevant matter as he thinks proper,
whether or not the same was before the District Judge or
magistrate who made the decision, and the person admitted to
bail shall also be entitled to be heard. (Amended L.N. 362 of
1997)

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(5) Notwithstanding subsection (4), if the person admitted to bail

fails to appear a judge may hear and determine the application
in the absence of the person if he is satisfied that the person
has been served with the summons or has refused to accept
service of the summons or that all reasonable attempts have
been made to serve the summons.
(6) Where a judge has heard an application under this section in
the absence of the person admitted to bail, he may rehear the
application if he is satisfied that it is just to do so.
(7) Upon hearing the application, a judge may by order
confirm, revoke or vary the decision of the District Judge
or magistrate, and may make such other order in the matter
including an order as to costs as he thinks just.
(8) On the revocation or variation of a decision of the District
Judge or magistrate under subsection (7), a judge may issue a
warrant for the arrest of the person admitted to bail.
(9) No appeal shall lie from the decision of a judge on an
application under this section.

9I. Custody pending review

(1) Where a District Judge or magistrate has made an order
admitting any person to bail but the Secretary for Justice
states that he wishes to apply for a review of his decision
under section 9H, he shall upon application by the Secretary
for Justice if the person so admitted is present, order that the
person be detained in custody and be brought before a judge
at such time and place as the Registrar may appoint. (Amended
L.N. 362 of 1997)
(2) Where a District Judge or magistrate makes an order under
subsection (1) he shall immediately notify the Registrar
who shall cause the person so detained to be brought before
a judge as soon as practicable, and in any event within 48

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Section 9J Cap. 221

hours, and inform the Secretary for Justice of the time and
place at which that will be done. (Amended L.N. 362 of 1997)
(3) When the person so detained is brought before him under
this section, a judge may, if he thinks fit, dispense with the
requirements of section 9H(2) and (3) and proceed to hear an
application under section 9H(1).
(4) If the judge declines to dispense with the requirements of
section 9H(2) and (3), he shall order the person so detained
to be kept in custody for such time as he deems sufficient to
enable section 9H(2) and (3) to be complied with, and may
make such other order as he thinks just.

9J. Review of refusal of bail or conditions of bail

(1) Where a District Judge or magistrate has refused to admit
a person to bail or has so admitted a person subject to any
condition, that person may in the case of a refusal, apply to a
judge to be admitted to bail or in the case of an admission to
bail subject to any condition, apply to a judge to be admitted
to bail without bail being subject to that condition.
(2) On the hearing of an application under subsection (1), a judge
may by order confirm, revoke or vary the decision of the
District Judge or magistrate, and may make such other order
in the matter including an order as to costs as he thinks just.

9K. Arrest of persons admitted to bail

(1) A police officer may without warrant arrest and detain any
person admitted to bail if—
(a) the police officer has reasonable grounds for believing
that any condition on or subject to which such person
was admitted to bail has been or is likely to be broken;
or

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Section 9L Cap. 221

(b) any police officer has been notified in writing by any

surety from whom a recognizance of bail has been taken
for that person that the surety believes that that person
is likely to fail to surrender to custody as shall have
been appointed by a court and for that reason the surety
wishes to be relieved of his obligations as surety.
(2) Any person arrested under subsection (1) shall be brought
within 24 hours after his arrest or as soon as practicable
thereafter before a magistrate except where he was so
arrested within the period of 24 hours immediately preceding
an occasion on which he is required by virtue of his bail to
surrender to custody at any court, in which case he shall be
brought before that court.
(3) If it appears to the court before which a person is brought
under subsection (2) that any condition of admission to bail
has been or is likely to be broken, the court may—
(a) order that that person be detained in custody; or
(b) admit that person to bail on the same conditions or on
such other conditions as it thinks fit,
but if it does not so appear to that court, the court shall
release that person from custody and admit him to bail on the
same conditions.

9L. Offence of failing to surrender to custody as shall have been

appointed
(1) A person admitted to bail who, without reasonable cause,
fails to surrender to custody as shall have been appointed by
a court, commits an offence.
(2) A person admitted to bail who, having reasonable cause
therefor, has failed to surrender to custody at such time as
shall have been appointed by a court, fails to so surrender as

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Section 9M Cap. 221

soon after that time as is reasonably practicable, commits an

offence.
(3) Any person who commits an offence under subsection (1)
or (2) is liable on summary conviction to a fine at level 6
and to imprisonment for 6 months, and on conviction upon
indictment to a fine of any amount and to imprisonment for
12 months. (Amended E.R. 4 of 2021)
(4) Where an offence under subsection (1) or (2) is alleged to
have been committed, a court, in the exercise of jurisdiction
under this section, may deal with an accused person
summarily without a jury and may deal with the case without
a charge having been transferred under Part IV of the
Magistrates Ordinance (Cap. 227) or the case having been
committed for trial under Part III of that Ordinance.

9M. Forfeiture on failure to surrender to custody as shall have been

appointed
(1) If a person admitted to bail fails, without reasonable cause, to
surrender to custody as shall have been appointed by a court,
a court may, whether or not that person has been convicted of
an offence under section 9L(1), order that the whole or part
of any—
(a) recognizance of bail taken from a surety under section
9D(3)(a); or
(b) sum of money deposited with the court under section
9D(3)(b)(viii),
for the purpose of securing his surrender to custody shall be
forfeited to the Government. (Amended 39 of 1999 s. 3)
(2) Where a court makes an order under subsection (1), the
payment of any sum due as security for a recognizance of bail
taken from a surety under section 9D(3)(a) may be enforced

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Section 9N Cap. 221

as if it were a security to which section 64 of the Magistrates

Ordinance (Cap. 227) applies.
(Amended E.R. 3 of 2015)

9N. Procedure in bail proceedings

In any bail proceedings—
(a) the court may, subject to paragraph (b), make such
inquiries of and concerning the person being the subject
of those proceedings as the court considers desirable;
(b) the person being the subject of those proceedings shall
not be examined or cross-examined by the court or by
any other person as to the alleged offence with which
he is charged and no inquiry shall be made of him as to
that offence alleged;
(c) the informant or prosecutor or any person appearing on
behalf of the prosecution may, in addition to any other
relevant evidence, submit evidence, whether by affidavit
or otherwise—
(i) to prove that the person being the subject of those
proceedings has previously been convicted of a
criminal offence;
(ii) to prove that the person being the subject of those
proceedings has been charged with and is awaiting
trial on another criminal offence;
(iii) to prove that the person being the subject of those
proceedings has previously failed to surrender to
custody;
(iv) to show the circumstances of the alleged offence,
particularly as they relate to the probability of
conviction of the person being the subject of those
proceedings;

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(d) the court may take into consideration any relevant

matters agreed upon by the informant or prosecutor and
the person being the subject of those proceedings or his
counsel; and
(e) the court may receive and take into account any other
material or representations which it considers credible or
trustworthy in the circumstances.

9O. Aids in proof

For the purpose of bail proceedings, a certificate purporting to be
certified by a clerk of the court which has admitted a person to bail
and stating—
(a) that the person named in the certificate has been
admitted to bail;
(b) the day and time, if any, that the person named in the
certificate has undertaken to surrender to custody;
(c) where admission to bail is subject to conditions under
section 9D(2), what those conditions are;
(d) that the person named in the certificate has been given
notice of such conditions, if any,
shall be evidence of the facts so stated and shall be received in
evidence without further proof.

9P. Restriction on reports of bail proceedings

(1) Unless it appears to the court that the interests of public
justice otherwise require, no person shall publish in Hong
Kong a written report, or broadcast in Hong Kong a report,
of any bail proceedings containing any matter other than that
permitted under subsection (2).
(2) A report of bail proceedings may contain—

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(a) the name of the person being the subject of those

proceedings;
(b) the offence with which the person being the subject of
those proceedings is charged;
(c) the identity of the court and the name of the magistrate,
District Judge or judge, as the case may be;
(d) the names of counsel and solicitors, if any, engaged in
the bail proceedings;
(e) the result of the bail proceedings and where the person
being the subject of those proceedings is admitted to
bail subject to any condition under section 9D(2), the
details of any such condition;
(f) where the bail proceedings are adjourned, the date and
place to which they are adjourned.
(3) If a report is published or broadcast in contravention of this
section, the following persons—
(a) in the case of publication of a written report as part of
a newspaper or periodical publication, any proprietor,
editor, publisher or distributor thereof;
(b) in the case of a publication of a written report otherwise
than as part of a newspaper or periodical publication,
the person who publishes or distributes it;
(c) in the case of a broadcast of a report, any person who
transmits or provides the programme in which the report
is broadcast and any person having functions in relation
to the programme corresponding to those of the editor
of a newspaper or periodical publication,
shall be guilty of an offence and shall be liable on conviction
to a fine at level 5 and to imprisonment for 6 months.
(Amended E.R. 4 of 2021)

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(4) Proceedings for an offence under this section shall not

be instituted otherwise than by or with the consent of the
Secretary for Justice. (Amended L.N. 362 of 1997)
(5) In this section—
broadcast (廣播) means sounds or visual images broadcast
by wireless telegraphy or by means of a high frequency
distribution system over wires, or other paths provided by a
material substance and intended for general reception;
publish (發布), in relation to a report, means publish the report,
either by itself or as part of a newspaper or periodical
publication, for distribution to the public.
(Added 56 of 1994 s. 2)

9Q. Record of bail proceedings

A record of all bail proceedings shall be maintained in such
manner and form as may be prescribed by rules and orders made
for the purposes of this section under section 9 and shall be made
available to an accused person and to counsel and solicitors to such
extent and on such terms as may be prescribed.

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Part II

Proceedings Preliminary to Trial

(Format changes—E.R. 1 of 2018)

Referring back of case

10. Power to refer back to be dealt with summarily

If after receipt of the documents referred to in section 86(1) of the
Magistrates Ordinance (Cap. 227) the Secretary for Justice is of
opinion that the accused person should not have been committed
for trial but that the case should have been dealt with summarily,
the Secretary for Justice may, at any time after such receipt,
but before an indictment is preferred, refer back the case to the
magistrate with directions to deal with the case accordingly, and
with such other directions as he may think proper.
(Amended 1 of 1912 Schedule; 6 of 1954 s. 4; 59 of 1992 s. 2;
L.N. 362 of 1997)

10A. Service of documents in transferred proceedings

(1) Where pursuant to an order for transfer made under section
77A of the District Court Ordinance (Cap. 336) (in this
section referred to as an order of transfer) any proceedings
stand transferred to the court for trial under subsection (6) of
that section and where the Secretary for Justice has instituted
proceedings pursuant to section 14(1)(aa), he shall, not more
than 21 days after an indictment is preferred against the
accused person, but subject to subsection (2), deliver to the
Registrar and, unless they have already been served, serve on
the accused person—  (Amended L.N. 362 of 1997)
(a) a copy of the indictment;

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(b) copies of the statements of those witnesses whom the

prosecution intends to call at the trial;
(c) copies of all documentary exhibits; and
(d) a list of the exhibits.
(2) Where the Secretary for Justice considers that it will not be
practicable to comply with the requirements in subsection
(1) within the period specified in that subsection, he may
apply—  (Amended L.N. 362 of 1997)
(a) upon the making of the order of transfer, to the District
Court judge who makes the order; or
(b) at least 21 days before the date fixed for trial, to a judge,
for an extension of that period, and the District Court judge or
the judge, as the case may be, may, if he is satisfied that the
accused person is not prejudiced thereby, grant such extension
as he considers reasonable.
(3) A statement of a witness referred to in subsection (1)(b)
shall—
(a) be signed by the person making it;
(b) contain a declaration by the witness to the effect that it
is true to the best of his knowledge and belief and that
he made the statement knowing that wilfully making
a statement which he knows to be false or does not
believe to be true may render him liable for a criminal
prosecution;
(c) if in a language other than English, be accompanied by
an English translation and, if in a language other than
Chinese, by a Chinese translation;
(d) if made by a person under 21, give his age; and
(e) purport to have been read over to the person who made
the statement in the language used by that person in

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making the statement or to have been read by that

person.
(4) A documentary exhibit referred to in subsection (1)(c) shall,
if written in a language other than English, be accompanied
by an English translation certified under section 27 of the
Evidence Ordinance (Cap. 8) and, if written in a language
other than Chinese, be accompanied by a Chinese translation,
unless on an application made in the District Court the
District Judge or, on an application made in the court, the
judge, directs otherwise on cause shown.
(5) An exhibit which is mentioned in a list of exhibits referred to
in subsection (1)(d) shall be clearly identified in a statement
of a witness referred to in subsection (1)(b) and the accused
person or his counsel or solicitor shall be given reasonable
opportunity to examine such exhibit.
(6) Failure to comply with any requirement in subsection (3), (4)
or (5) shall not render the service of any documents under
subsection (1) or (2) ineffective unless the judge is satisfied
that the accused person is prejudiced by such failure.
(Added 59 of 1992 s. 3)

10B. Discharge of the accused

(1) Where the Secretary for Justice fails to comply with the
requirements of section 10A(1) within the period specified
in that section or where an extension has been granted under
section 10A(2), within such extended period—  (Amended
L.N. 362 of 1997)
(a) on the date appointed for the commencement of the trial
or where that date is adjourned, on such later date, the
court shall, on its own motion; or
(b) where, before the day appointed for the commencement
of the trial or if that date is adjourned, before such

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later date, the accused person applies to a judge for his

discharge on the ground of such failure, the judge shall,
direct that the accused person be discharged in respect of the
charges to which the transferred proceedings relate.
(2) A discharge under subsection (1) shall be deemed to be an
acquittal.
(Added 59 of 1992 s. 3)

11. Power to refer back for further inquiry

(1) At any time after the receipt of the documents relating to the
case and before the trial of the accused person, the Secretary
for Justice may refer back the case to the magistrate with
directions to reopen the inquiry for the purpose of taking
evidence or further evidence on a certain point or points to
be specified, and with such other directions as he may think
proper. (Amended 1 of 1912 Schedule; 6 of 1954 s. 5)
(2) Subject to any express directions which may be given by the
Secretary for Justice, the effect of any such reference back
to the magistrate shall be that the inquiry shall be reopened
and dealt with in all respects as if the accused person had not
been committed for trial.
(Amended L.N. 362 of 1997)

12. Further provisions as to referring back

(1) Any direction given by the Secretary for Justice under section
10 or 11 shall be in writing, signed by him, and shall be
complied with by the magistrate.
(2) The Secretary for Justice may at any time add to, alter, or
revoke any such direction.
(3) The Secretary for Justice shall transmit forthwith copies of
any such direction to the Registrar and to the Commissioner

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of Correctional Services, and on receipt of a copy of any

such direction, the Registrar shall transmit to the committing
magistrate all documents in the case that are in his possession
or control. (Replaced 6 of 1954 s. 6)
(4) When the Secretary for Justice directs that a case shall be
dealt with summarily under section 10 or that an inquiry shall
be reopened under section 11, the following provisions shall
have effect—
(a) where the accused person is in custody, the magistrate
may, by an order in writing under his hand, direct the
Commissioner of Correctional Services to convey him
or cause him to be conveyed to the place where such
proceedings are to be held, for the purpose of being
dealt with as the magistrate may direct;
(b) where the accused person is on bail, the magistrate shall
issue a summons for his attendance at the time and place
when and where such proceedings are to be held; and
(c) thereafter the proceedings shall be continued under the
provisions of Part III or of Part V of the Magistrates
Ordinance (Cap. 227), as the case may be.
(Amended 50 of 1911 s. 4; 5 of 1924 s. 8; L.N. 362 of 1997)

12A. (Repealed 56 of 1994 s. 4)

12B. (Repealed 56 of 1994 s. 4)

12C. (Repealed 56 of 1994 s. 4)

13. (Repealed 56 of 1994 s. 4)

13A. (Repealed 56 of 1994 s. 4)

13AA. (Repealed 56 of 1994 s. 4)

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13B. (Repealed 56 of 1994 s. 4)

Institution of proceedings

14. Institution of proceedings by Secretary for Justice

(1) The Secretary for Justice, if he sees fit to institute criminal
proceedings, shall institute such proceedings in the court
against the accused person as to him may seem legal and
proper—  (Amended L.N. 362 of 1997)
(a) in the case of a committal for trial under section 80C(4)
of the Magistrates Ordinance (Cap. 227), within 7 days
of such committal;
(aa) in any case where pursuant to an order of transfer made
under section 77A of the District Court Ordinance
(Cap. 336), proceedings stand transferred to the court
for trial under subsection (6) of that section, within 21
days of the order; and (Added 59 of 1992 s. 4)
(b) in any other case, on receipt of the documents relating
to the case.
(2) Subject to section 16, no court shall inquire into whether
or not proceedings have been instituted within the period
specified in subsection (1)(a) or (aa).
(Replaced 48 of 1983 s. 4. Amended 59 of 1992 s. 4)

14A. Trial of offences

(1) Where any provision in any Ordinance creates, or results
in the creation of, an offence, the offence shall be triable
summarily only, unless—
(a) (Repealed 6 of 2024 s. 142)
(b) the words “upon indictment” or “on indictment” appear;
or (Amended L.N. 54 of 1989)
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(c) (Repealed 50 of 1991 s. 4(1))

(d) the offence is transferred to the District Court in
accordance with Part IV of the Magistrates Ordinance
(Cap. 227). (Added 16 of 1970 Schedule)
(2) Where any provision in any Ordinance creates, or results
in the creation of, an offence and subject to subsection (4),
the words “upon indictment” or “on indictment” appear, the
offence is triable only on indictment. (Replaced 6 of 2024
s. 142)
(3) (Repealed 50 of 1991 s. 4(1))
(4) Where any provision in any Ordinance creates, or results
in the creation of, an offence and the offence is declared
to be triable either summarily or upon indictment or to be
punishable on summary conviction or on indictment, the
offence shall be triable either on indictment or summarily.
(5) Nothing in this section shall affect—
(a) the powers conferred upon a magistrate by the
Magistrates Ordinance (Cap. 227) or by any other law to
try an indictable offence summarily; or
(b) the powers conferred upon the District Court by any law
to try indictable offences.
(Amended 50 of 1991 s. 4(1))

Editorial Note:
This provision previously appeared in s. 89 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 14A of this Ordinance.

14B. Prosecution of offences

Where any Ordinance provides that no prosecution for an offence
shall be commenced without the consent of some person other than
the Secretary for Justice, such a provision shall not derogate from

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the powers of the Secretary for Justice in respect of the prosecution

of that offence.
(Added 54 of 1969 s. 7. Amended L.N. 362 of 1997)

Editorial Note:
This provision previously appeared in s. 91A of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 14B of this Ordinance.

15. Right of Secretary for Justice not to prosecute

(1) The Secretary for Justice shall not be bound to prosecute
an accused person in any case in which he may be of
opinion that the interests of public justice do not require his
interference.
(2) Whenever the Secretary for Justice declines to file an
indictment against any person committed to prison for trial
for any indictable offence he may issue a warrant in Form
1 in Schedule 1 to the Registrar, who shall thereupon,
unless the person in question has been admitted to bail, by
order under his hand and the seal of the court, in Form 2 in
Schedule 2, direct the person in whose custody the prisoner
may be immediately to discharge him without any fee from
imprisonment in respect of the offence mentioned in such
order. (5 of 1904 s. 2 incorporated. Amended 50 of 1911 s. 4;
51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 17 of
1930 s. 4; 58 of 1994 s. 4)
(Amended 8 of 1912 s. 52; L.N. 362 of 1997)

Discharge of accused

16. Discharge of accused after committal without a hearing

(1) Where the accused was committed for trial under section
80C(4) of the Magistrates Ordinance (Cap. 227) or
proceedings stand transferred to the court for trial under

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section 77A(6) of the District Court Ordinance (Cap. 336),

the accused may at any time—
(a) if the Secretary for Justice does not institute proceedings
within the period specified in section 14(1)(a) or (aa), as
the case may be, after the expiration of that period; or
(b) after the filing of the indictment and prior to his
arraignment thereon, (Amended L.N. 395 of 1983)
apply to a judge for his discharge on the grounds that the
evidence disclosed in the documents handed to the court
under section 80C(1) of the Magistrates Ordinance (Cap. 227)
or, as the case may be, delivered to the Registrar under
section 10A, as read with any further evidence the Secretary
for Justice has notified the accused he will seek to have
admitted at the trial, is insufficient to establish a prima facie
case against him for the offence with which he is charged or
for any other offence for which he might be convicted upon
that charge. (Amended 59 of 1992 s. 5; L.N. 362 of 1997)
(2) If an application is made under subsection (1) in the
circumstances specified in paragraph (a) thereof—
(a) the judge may, of his own motion or on the application
of the accused, require the Secretary for Justice to file
indictment within such time, and on such terms (if any)
as to costs as may be specified in the order;
(b) subject to any order under paragraph (a), the Secretary
for Justice may at any time after an application is made
under subsection (1), and before the final determination
thereof, file an indictment, but the judge may award
costs against him if the applicant has incurred any costs
by reason of the late filing of the indictment. (Amended
L.N. 362 of 1997)
(3) The judge may after perusal of the documents and after
hearing any representations which the accused and the

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Secretary for Justice may wish to make, direct that the

accused shall not be arraigned on the charge, and direct that
he be discharged. (Amended L.N. 362 of 1997)
(4) Subject to section 81E(3), a discharge under this section shall
be deemed to be an acquittal.
(5) An accused who has made an application under subsection
(1) and thereafter abandons or does not proceed with his
application, may not make a further application or have the
application previously made by him reinstated.
(6) Where an indictment has been filed references in this section
to the charge shall be construed as references to the charge as
set out in the indictment.
(7) Without derogation from the generality of its powers under
section 9 the Rules Committee may make rules under that
section for regulating and restricting written or broadcast
reports of proceedings under this section or section 79G or
81E. (Amended 13 of 1995 s. 26; 69 of 1995 s. 2)
(8) Section 87A(8) and (9) of the Magistrates Ordinance
(Cap. 227) shall apply to a contravention of rules under
section 9 as read with subsection (7) of this section as they do
to a report published or broadcast in contravention of section
87A.
(Added 48 of 1983 s. 4)

Indictment

17. Signing of indictments

(1) Every indictment shall be signed by the Secretary for Justice,
and shall bear date on the day when it is signed. (Amended
L.N. 362 of 1997)
(2) (Repealed 35 of 1976 s. 6)

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18. Joinder of charges in the same indictment

(1) Subject to the provisions of the rules under this Ordinance,
charges for more than one offence may be joined in the same
indictment. (Replaced 50 of 1991 s. 4)
(2) If one sentence is passed upon any verdict of guilty on an
indictment containing more counts than one, the sentence
shall be good if any of the counts upon which such verdict
has been returned would have justified such sentence.
(17 of 1919 s. 5 incorporated)
[cf. 1915 c. 90 s. 4 U.K.]

19. Offence committed on high seas or in any place outside Hong

Kong
In any indictment for an offence committed on the high seas or in
any place outside Hong Kong, an allegation that the person injured
was, at the time of the offence charged, within the jurisdiction
of the Hong Kong courts shall be a sufficient allegation of the
jurisdiction of the court to hear and determine the case.
(Amended 23 of 1998 s. 2; 39 of 1999 s. 3)

20. Averment as to money or bank note

In any indictment in which it is necessary to make an averment as
to any money or any bank note, it shall be sufficient to describe
such money or bank note simply as money without specifying any
particular coin or bank note; and such allegation, so far as regards
the description of the property, shall be sustained by proof of any
amount of coin or of any bank note, although the particular species
of coin of which such amount was composed, or the particular
nature of the bank note, is not proved.
(Amended 34 of 1972 s. 4; 39 of 1999 s. 3)

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21. Charge of previous conviction

In any court charging the accused person with having been
previously convicted, it shall be sufficient to state that the accused
person was, at a certain time and place, convicted of an offence
punishable on summary conviction or on indictment, as the case
may be, without further describing the offence.
(Amended 50 of 1991 s. 4)

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

No indictment shall be held insufficient for want of the averment
of any matter unnecessary to be proved, or for that any person
mentioned in the indictment is designated by a name of office or
other descriptive appellation instead of his proper name, or for
omitting to state the time at which the offence was committed in
any case where time is not of the essence of the offence, or for
stating the time imperfectly, or for stating the offence to have been
committed on a day subsequent to that of the indictment, or on an
impossible day, or on a day that never happened, or for want of
any statement of the value or price of any matter or thing, or the
amount of damage, injury, or spoil, in any case where the value
or price, or the amount of damage, injury, or spoil, is not of the
essence of the offence.

23. Orders for amendment of indictment, separate trial and

postponement of trial
(1) Where, before trial or at any stage of a trial, it appears to
the court that the indictment is defective, the court shall
make such order for the amendment of the indictment as the
court thinks necessary to meet the circumstances of the case
unless, having regard to the merits of the case, the required
amendments cannot be made without injustice.

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(2) Where an indictment is so amended a note of the order for

amendment shall be endorsed on the indictment.
(3) Where, before trial or at any stage of a trial, the court is
of opinion that a person accused may be prejudiced or
embarrassed in his defence by reason of being charged with
more than one offence in the same indictment, or that for any
other reason it is desirable to direct that the person should be
tried separately for any one or more offences charged in an
indictment, the court may order a separate trial of any count
or counts of such indictment.
(4) Where, before trial or at any stage of a trial, the court is of
opinion that the postponement of the trial of a person accused
is expedient as a consequence of the exercise of any power
of the court under this Ordinance to amend an indictment or
to order a separate trial of a count, the court shall make such
order as to the postponement of the trial as appears necessary.
(5) Where an order of the court is made under this section for a
separate trial or for the postponement of a trial—
(a) if such an order is made during a trial the court may
order that the jury are to be discharged from giving
a verdict on the count or counts the trial of which is
postponed or on the indictment, as the case may be; and
(b) the procedure on the separate trial of a count shall be the
same in all respects as if the count had been found in a
separate indictment, and the procedure on the postponed
trial shall be the same in all respects (if the jury has
been discharged) as if the trial had not commenced; and
(c) the court may make such order as to admitting the
accused person to bail and as to the enlargement of
recognizances and otherwise as the court thinks fit.

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(6) Any power of the court under this section shall be in addition
to and not in derogation of any other power of the court for
the same or similar purposes.
(17 of 1919 s. 6 incorporated)
[cf. 1915 c. 90 s. 5 U.K.]

24. (Repealed 35 of 1976 s. 7)

24A. When indictment shall be preferred

(1) Subject to subsection (2) no indictment charging any person
with an indictable offence shall be preferred unless—
(a) the person charged has been committed for trial for the
offence; or
(aa) the proceedings have been transferred to the court
pursuant to an order made under section 4 of the
Complex Commercial Crimes Ordinance (Cap. 394); or
(Added 57 of 1988 s. 29)
(ab) pursuant to an order made under section 77A of the
District Court Ordinance (Cap. 336) proceedings stand
transferred to the court for trial under subsection (6) of
that section; or (Added 59 of 1992 s. 6)
(b) the indictment is preferred by the direction or with the
consent of a judge; or
(c) the indictment is preferred pursuant to an order made
under section 41 of the Crimes Ordinance (Cap. 200).
(2) Where a person charged with an indictable offence has been
committed for trial, the indictment against him may include,
either in substitution for or in addition to counts charging the
offence for which he was committed, any counts founded on
facts or evidence disclosed in any depositions, any documents
served on the accused under section 80B of the Magistrates

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Ordinance (Cap. 227) or any written statements admitted

in evidence under section 81A of that Ordinance, being
counts which may lawfully be joined in the same indictment.
(Amended 34 of 1972 s. 5; 6 of 1990 s. 3)
(Added 5 of 1971 s. 4)
[cf. 1933 c. 36 s. 2 (2) U.K. ]

24B. Joint trial of indictments

Where 2 or more indictments each contain any one count alleging
the same particulars, other than the names of the persons concerned
in the commission of the offence, the court may, on the application
of the Secretary for Justice, order that such indictments be tried
together.
(Added 61 of 1971 s. 2. Amended L.N. 362 of 1997)

25. Savings and interpretation

(1) Nothing in sections 18 and 23 or the rules made under section
9 shall affect the law or practice relating to the jurisdiction of
a court or the place where an accused person can be tried, nor
prejudice or diminish in any respect the obligation to establish
by evidence according to law any acts, omissions or intentions
which are legally necessary to constitute the offence with
which the person accused is charged, nor otherwise affect the
laws of evidence in criminal cases. (Amended 35 of 1976 s. 8)
(2) In section 23 and this section the court (法院、法庭) means
the court before which any indictable offence is tried or
prosecuted.
(17 of 1919 s. 7 incorporated. Amended 20 of 1948 s. 4)
[cf. 1915 c. 90 s. 8 U.K.]

Filing and service of indictment

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26. Filing of indictment

Every indictment, when so signed as aforesaid, shall be brought to
the Registrar’s office and shall be filed by him in the court.

27. Endorsement of notice of trial

(1) The Registrar shall endorse on or annex to every indictment
and every copy thereof delivered for service a notice of
trial, and such notice shall specify the date on which the
accused person shall attend before the court to answer to the
indictment. (Amended 63 of 1971 s. 4)
(2) The notice may be in Form 4 in Schedule 1 or as near thereto
as circumstances will admit. (Amended 50 of 1911 s. 4; 8 of
1912 s. 52; 58 of 1994 s. 4)

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

information
The Registrar shall deliver or cause to be delivered to the bailiff,
for service on the accused person, a copy of the indictment, with
the notice of trial endorsed on the same or annexed thereto; and,
if there are more accused persons than one, then as many copies
as there are persons. The Registrar shall also deliver or cause to
be delivered to the bailiff another copy for the information of the
Commissioner of Correctional Services.
(Replaced 17 of 1930 s. 5)

29. Service
(1) The bailiff shall, as soon as may be after having received
the same, deliver to a gaoler the copy and notice for the
information of the Commissioner of Correctional Services
and to the accused himself the copy and notice for service on
the accused. (Replaced 17 of 1930 s. 6)

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(2) In any case where the accused person cannot be found, the
bailiff shall leave the said copy and notice with some one of
his household for him at his dwelling-house, or with some
one of his clerks for him at his place of business, and, if none
such can be found, shall affix the said copy and notice to the
outer or principal door of his dwelling-house. (Amended 13 of
1995 s. 2)
(3) The bailiff shall, at the time of service, explain to the accused
person, or to the person, if any, with whom the said copy and
notice are left, the nature and exigency thereof.

30. Return of service

The bailiff shall forthwith transmit to the Registrar a return in
writing, signed by him, of the time and mode of service of the said
copy and notice.

Plea

31. Plea of autrefois convict or autrefois acquit

(1) In criminal proceedings in any court on a plea of autrefois
convict or autrefois acquit the accused person may state that
he has been previously convicted or acquitted, as the case
may be, of the offence charged.
(2) In this section, court (法院) includes the District Court and a
magistrate.
(Replaced 34 of 1972 s. 6)
[cf. 1851 c. 100 s. 28 U.K.]

Inspection of property, etc.

32. Inspection of property by party or witnesses

(1) Either party shall be at liberty to apply to the court or a judge

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for a rule or order for the inspection, by himself or by his

witnesses, of any real or personal property, the inspection
of which may be material to the proper determination of the
issue; and it shall be lawful for the court or judge, if it or
he thinks fit, to make such rule or order, on such terms as to
costs and otherwise as the court or judge may direct.
(2) In this section, court (法庭) includes the District Court and a
magistrate. (Added 34 of 1972 s. 7)

33. Rule or order for attendance of jury

It shall be lawful for the court or a judge to make such rules or
orders as may be necessary to procure the attendance of a jury for
the trial of any case depending in the court, at such time and place
and in such manner as the court or judge may think fit.
(Amended 13 of 1995 s. 19)

Witnesses

34. Summons to witness to attend Court of First Instance or

District Court
(Amended 25 of 1998 s. 2)
(1) For the purpose of any criminal proceedings before the court
a summons requiring the person to whom it is directed to
attend before the court and give evidence or produce any
document or thing specified in the summons may be issued
out of the court.
(2) If any person in respect of whom a witness summons has
been issued applies to the court out of which the summons
was issued and satisfied it that he cannot give any material
evidence or, as the case may be, produce any document or
thing likely to be of material evidence the court may direct
that the summons shall be of no effect.

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(3) Where on any such application a direction is given that a

witness summons shall be of no effect, the person at whose
instance the summons was issued may be ordered to pay the
whole or any part of the costs of the application.
(4) Any costs payable under such an order shall be taxed by the
proper officer of the court and payment of those costs shall be
enforceable in the same manner as an order for payment of
costs made by the court in a civil case.
(5) A witness summons shall continue to have effect until the
conclusion of the proceedings at which the attendance of the
witness is required.
(6) In this section court (法院、法庭) includes the District
Court.
(Replaced 59 of 1981 s. 3)
[cf. 1965 c. 69 s. 2 U.K.]

35. Witness to be notified of date of hearing in Court of First

Instance
(Amended 25 of 1998 s. 2)
Where a person is the subject of a witness order and a date is set
for the trial at which his attendance is required, the Registrar shall
cause to be served upon him notice in writing of the date and time,
and of the place, at which that person’s attendance is required
under the witness order.
(Replaced 59 of 1981 s. 3)

36. Punishment for disobedience to witness order or summons

(1) Any person who—
(a) without just excuse disobeys a witness order or a
witness summons requiring him to attend before a court;
or

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Section 37 Cap. 221

(b) refuses to be sworn or to give evidence when duly

required to do so, whether or not he is the subject of a
witness order or a witness summons,
shall be guilty of a contempt of that court which shall be
punishable by that court summarily as a contempt committed
in the face of the court.
(2) No person shall by reason of such disobedience or refusal be
liable to imprisonment for a period exceeding 2 years.
(3) In this section court (法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)
[cf. 1965 c. 69 s. 3 U.K.]

37. Further process to secure attendance of witness

(1) If the court is satisfied by evidence on oath that a witness in
respect of whom a witness order or witness summons is in
force is unlikely to comply with the order or summons, the
court may issue a warrant to arrest the witness and bring him
before it:
Provided that a warrant shall not be issued under this
subsection in the case of a witness subject to a conditional
witness order unless notice has been given requiring him
to attend the trial, nor in the case of a witness subject to
a witness summons unless the judge is satisfied by such
evidence as aforesaid that the witness is likely to be able to
give material evidence or produce any document or thing
likely to be material evidence in the proceedings.
(2) Where a witness who is required to attend before a court by
virtue of a witness order or a witness summons fails to attend
in compliance with the order or summons the court may—

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(a) in any case, cause to be served on him a notice requiring

him to attend the court forthwith or at such time as may
be specified in the notice;
(b) if the court is satisfied that there are reasonable grounds
for believing that he has failed to attend without just
excuse, or if he has failed to comply with a notice under
paragraph (a), issue a warrant to arrest him and bring
him before the court.
(3) A witness brought before the court in pursuance of a warrant
under this section may be remanded by the court in custody
or on bail (with or without sureties) until such time as the
court may appoint for receiving his evidence or dealing with
him under section 36 and where a witness attends a court in
pursuance of a notice under this section the court may direct
that the notice shall have effect as if it required him to attend
at any later time appointed by the court for receiving his
evidence or dealing with him as aforesaid.
(4) In this section court (法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)
[cf. 1965 c. 69 s. 4 U.K.]

38. Provisions supplementary to section 37

(1) If the court issuing a warrant in respect of any witness under
section 37 is of the opinion that it is appropriate to do so,
the court may endorse the warrant for bail, and in any such
case—
(a) on the arrest of the witness under the warrant he shall,
unless he can forthwith be brought before the court
specified in the warrant, be taken to a police station; and
(b) the officer in charge of the station shall release him
from custody if the witness, and any sureties required
by the endorsement and approved by the officer, enter
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into recognizances of such amount as may be fixed by

the endorsement, conditioned for the appearance of the
witness before the court specified in the warrant.
(2) If a court issuing a warrant in respect of any witness under
section 37 is of the opinion that the evidence of the witness
can be dispensed with but that consideration should be given
to dealing with him under section 36 it may endorse the
warrant as issued for the purpose of section 36.
(3) Where a witness appears before a court in pursuance of a
recognizance entered into under section 37 or this section, the
court may enlarge his recognizance and those of his sureties,
if any, to any later time appointed by the court for receiving
the evidence of that person or dealing with him under section
36.
(4) Without prejudice to the enforcement of any recognizance
entered into as aforesaid, section 37 shall apply to any witness
who fails to attend before a court in compliance with such a
recognizance as it applies to a witness who fails to attend in
obedience to a witness summons.
(5) In this section court (法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)
[cf. 1965 c. 69 s. 5 (2), (3), (4) & (5) U.K.]

38A. Abolition of subpoenas in certain proceedings

No subpoena ad testificandum or subpoena duces tecum shall issue
after the commencement* of the Criminal Procedure (Miscellaneous
Provisions) Ordinance 1981 (59 of 1981) in respect of any criminal
proceedings for the purpose of which a witness summons may be
issued.
(Added 59 of 1981 s. 3)
[cf. 1965 c. 69 s. 8 U.K.]

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Section 39 Cap. 221

Editorial Note:
* Commencement date: 1 January 1982.

39-40. (Repealed 63 of 1971 s. 11)

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Section 41 Cap. 221

Part III

Proceedings at Trial
(Format changes—E.R. 1 of 2018)

Mode of trial

41. General mode of trial

(1) Every person to be tried before the court shall be tried on an
indictment.
(2) Subject to the provisions of section 42 such trial shall be had
by and before a judge and a jury. (Amended 50 of 1911 s. 4; 1
of 1912 Schedule; 5 of 1924 s. 8)
(3) Notwithstanding subsection (2), but without prejudice to
section 59, where any issue arises in the trial as to the
admissibility of any evidence such issue may be determined
before the jury is empanelled. (Added 63 of 1984 s. 2)

42. Trial at bar

On motion made by the Secretary for Justice, a judge shall order
that the trial of any indictment shall be had at bar, that is to say,
by and before 2 judges and a jury, and such trial shall be had
accordingly.
(Amended 50 of 1911; 1 of 1912 Schedule; L.N. 362 of 1997)

43. (Repealed 5 of 1971 s. 12)

Default of appearance

44. (Repealed 63 of 1971 s. 11)

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45. Proceedings on non-appearance of accused person

(1) Where it appears by the return made by the bailiff that the
copy of the indictment and notice of trial has been duly
served, and the accused person, on being thrice called on the
day appointed for trial, does not appear, a motion may be
made on behalf of the prosecution, if the accused person has
been admitted to bail, that his sureties, if any, may be called
on their recognizances, and, in default of his appearance, that
the same may be estreated. (Amended 56 of 1994 s. 5)
(2) On any such application the court shall make such order as it
may think just.

46. Apprehension of accused person not appearing

Where any person against whom an indictment has been duly
preferred, and who is then at large, does not appear to plead to
such indictment, whether he is a person admitted to bail or not, the
court may issue a warrant for his apprehension.
(Amended 56 of 1994 s. 6)

47. Abolition of outlawry

Outlawry in criminal cases shall be abolished.
(Amended 50 of 1911 s. 4)

48. (Repealed 46 of 1967 s. 4)

Arraignment

49. Arraignment of accused person

(1) The accused person shall be placed at the bar unfettered and
not in prison clothes, unless the court sees cause to direct
otherwise.

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(2) The indictment shall then be read over to him by the

Registrar, and explained, if necessary, by the Registrar or
the interpreter of the court; and he shall be required to plead
instantly thereto, unless he objects to the want of due service
of the indictment and notice of trial, and the court finds that
he has not been duly served therewith.
(3) Where the accused person is a corporation, a plea in writing
may be entered by its representative, and if either the
corporation does not appear by a representative or, though it
does so appear, fails to enter as aforesaid any plea, the court
shall order a plea of not guilty to be entered and the trial shall
proceed as though the corporation had duly entered a plea of
not guilty. (Added 11 of 1962 s. 2)
(4) In this section and in section 87 of the Magistrates Ordinance
(Cap. 227), the expression representative (代表) in relation
to a corporation means a person duly appointed by the
corporation to represent it for the purpose of doing any
act or thing which the representative of a corporation is by
this section or by section 87 of the Magistrates Ordinance
(Cap. 227) authorized to do, but a person so appointed shall
not, by virtue only of being so appointed, be qualified to act
on behalf of the corporation before any court for any other
purpose. A representative for the purposes of this section
and section 87 of the Magistrates Ordinance (Cap. 227) need
not be appointed under the seal of the corporation, and a
statement in writing purporting to be signed by a managing
director of the corporation, or by any person (by whatever
name called) having, or being one of the persons having, the
management of the affairs of the corporation, to the effect
that the person named in the statement has been appointed
as the representative of the corporation for the purposes of
this section or of section 87 of the Magistrates Ordinance
(Cap. 227) shall be admissible without further proof as prima

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Section 50 Cap. 221

facie evidence that that person has been so appointed. (Added

11 of 1962 s. 2)

50. Effect of plea of not guilty

The accused person, on being arraigned, by pleading generally
the plea of not guilty, shall, by such plea, without further form, be
deemed to have put himself upon the country for trial.

51. Trial of offences

(1) If a person is arraigned on an indictment—
(a) he shall in all cases be entitled to make a plea of not
guilty in addition to any special plea;
(b) he may plead not guilty to the offence specifically
charged in the indictment but guilty to another offence
of which he might be found guilty on that indictment;
(c) if he stands mute of malice, or will not answer directly
to the indictment, the court may order a plea of not
guilty to be entered on his behalf, and he shall then be
treated as having pleaded not guilty. (Amended 24 of
1993 s. 8)
(2) If on the trial of any information, charge or indictment for
any offence it is proved that the accused is not guilty of
that offence but the allegations in the information, charge or
indictment amount to or include, whether expressly or by
implication, an allegation of another offence falling within the
jurisdiction of the court of trial, he may be found guilty of
that other offence or of an offence of which he could be found
guilty on an information, charge or indictment specifically
charging that other offence. (Amended 6 of 2024 s. 143)
(3) For the purposes of subsection (2) any allegation of an
offence shall be taken as including an allegation of attempting
to commit that offence; and where a person is charged with

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Section 51A Cap. 221

attempting to commit an offence or with any assault or other

act preliminary to an offence but not with the completed
offence, then he may be convicted of the offence charged
notwithstanding that he is shown to be guilty of the completed
offence.
(4) Where a person arraigned on an indictment pleads not guilty
of an offence charged in the indictment but guilty of some
other offence of which he might be found guilty on that
charge, and he is convicted on that plea of guilty without
trial for the offence of which he has pleaded not guilty then,
whether or not the 2 offences are separately charged in
distinct counts, his conviction of the one offence shall be an
acquittal of the other.
(5) Any power to bring proceedings for an offence by criminal
information is abolished.
(6) Subsections (1) and (2) shall apply to an indictment
containing more than one count as if each count were a
separate indictment.
(7) In subsection (2), court of trial (主審法院) includes the
District Court and a magistrate. (Added 34 of 1972 s. 8)
(Replaced 5 of 1971 s. 5)
[cf. 1967 c. 58 s. 6 U.K.]

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

Where an accused person arraigned on an indictment pleads not
guilty and the prosecutor proposes to offer no evidence against
him, the court before which the accused person is arraigned may,
if it thinks fit, order that a verdict of not guilty shall be recorded
without the accused person being given in charge to a jury, and the
verdict shall have the same effect as if the accused person had been
tried and acquitted.
(Added 5 of 1971 s. 5)

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[cf. 1967 c. 80 s. 17 U.K.]

52. (Repealed 50 of 1991 s. 4)

53. Objection of substance to indictment

(1) No objection to an indictment shall be taken by way of
demurrer, but if an indictment does not state in substance an
indictable offence or states an offence not triable by the court,
the accused person may move the court to quash it or in
arrest of judgment. (Amended 50 of 1911 s. 4)
(2) If such motion is made before the accused person pleads, the
court shall either quash the indictment or amend it. (Amended
50 of 1911; 1 of 1912 Schedule)
(3) If the defect in the indictment appears to the court during the
trial, and the court does not think fit to amend the indictment,
it may either quash the indictment or leave the objection to be
taken in arrest of judgment. (Amended 50 of 1911; 1 of 1912
Schedule)
(4) If the indictment is quashed, the court may direct the accused
person to be detained in custody until such time or for such
period as the court may order or to be released on bail, and
may order him to plead to another indictment when called on
at the same time or during that period, as the case may be.
(Amended 50 of 1911; 1 of 1912 Schedule; 6 of 1990 s. 4)

Evidence

54. Competence of person charged in criminal cases

(1) Every person charged with an offence, whether charged solely
or jointly with any other person, shall be a competent witness
for the defence at every stage of the proceedings: (Amended
23 of 2003 s. 3)
Provided as follows—
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(a) a person so charged shall not be called as a witness

in pursuance of this section except upon his own
application;
(b) the failure of any person charged with an offence to give
evidence shall not be made the subject of any comment
by the prosecution; (Amended 23 of 2003 s. 3)
(c)-(d) (Repealed 23 of 2003 s. 3)
(e) a person charged and being a witness in pursuance
of this section may be asked any question in cross-
examination notwithstanding that it would tend to
criminate him as to the offence charged;
(f) a person charged and called as a witness in pursuance
of this section shall not be asked, and if asked shall not
be required to answer, any question tending to show that
he has committed or been convicted of or been charged
with any offence other than that wherewith he is then
charged, or is of bad character, unless—
(i) the proof that he has committed or been convicted
of such other offence is admissible evidence to
show that he is guilty of the offence wherewith he
is then charged; or
(ii) he has personally or by his advocate asked
questions of the witnesses for the prosecution with
a view to establish his own good character, or has
given evidence of his good character, or the nature
or conduct of the defence is such as to involve
imputations on the character of the prosecutor or
the witnesses for the prosecution; or
(iii) he has given evidence against any other person
charged in the same proceedings; (Amended 50 of
1981 s. 2)

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(g) a person charged and called as a witness in pursuance of

this section shall, unless otherwise ordered by the court,
give his evidence from the witness box or other place
from which the other witnesses give their evidence. (14
of 1906 s. 2 incorporated. Amended 20 of 1948 s. 4; 23
of 2003 s. 3)
(2) Notwithstanding any rule of law, the right of a person charged
to make a statement without being sworn is hereby abolished.
(Added 34 of 1972 s. 9)
[cf. 1898 c. 36 s. 1 U.K.]

55. Evidence of person charged

Where the only witness to the facts of the case called by the
defence is the person charged, he shall be called as a witness
immediately after the close of the evidence for the prosecution.
(14 of 1906 s. 3 incorporated)
[cf. 1898 c. 36 s. 2 U.K.]

56. Right of reply

(1) The fact that the person charged has been called as a witness
shall not of itself confer on the prosecution the right of reply.
(14 of 1906 s. 4 incorporated. Amended 34 of 1972 s. 10)
(2) Upon the trial of any person charged with an offence—
(a) the prosecution shall not be entitled to the right of reply
on the ground only that the Secretary for Justice or the
Solicitor General appears for the HKSAR at the trial;
and (Amended L.N. 362 of 1997; 39 of 1999 s. 3)
(b) the time at which the prosecution is entitled to exercise
the right shall, notwithstanding any rule of law, be after
the close of the evidence for the defence and before the
closing speech (if any) by or on behalf of the person

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charged. (Added 34 of 1972 s. 10) [cf. 1964 c. 34 s. 1(1)

U.K.]
[cf. 1898 c. 36 s. 3 U.K.]

57. Competence and compellability of accused’s spouse or former

spouse
(1) The husband or wife of an accused shall be competent to
give evidence on behalf of the accused or a co-accused and,
subject to subsection (5), shall be competent to give evidence
for the prosecution.
(2) Subject to subsection (5), the husband or wife of an accused
shall be compellable to give evidence on behalf of the
accused.
(3) Subject to subsection (5), the husband or wife of an accused
shall be compellable—
(a) to give evidence for the prosecution but only in respect
of any specified offence with which the accused or a co-
accused is charged; or
(b) to give evidence on behalf of a co-accused but only
in respect of any specified offence with which the co-
accused is charged.
(4) An offence is a specified offence for the purposes of
subsection (3) if—
(a) it involves an assault on, or an injury or threat of injury
to, the husband or wife of the accused;
(b) it involves causing the death of, an assault on, or an
injury or threat of injury to, a child of the family who—
(i) at the material time was under the age of 16 years
or was a mentally incapacitated person; or
(ii) at the time when the evidence is given is a
mentally incapacitated person;

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(c) it is a sexual offence alleged to have been committed in

respect of a child of the family who—
(i) at the material time was under the age of 16 years
or was a mentally incapacitated person; or
(ii) at the time when the evidence is given is a
mentally incapacitated person; or
(d) it consists of attempting or conspiring to commit, or of
aiding, abetting, counselling, procuring or inciting the
commission of, an offence falling within paragraph (a),
(b) or (c).
(5) Subject to subsection (6), where an accused and the husband
or wife of the accused are standing trial together, neither
spouse shall at the trial be competent to give evidence for the
prosecution under subsection (1), or be compellable to give
evidence under subsection (2) or (3).
(6) Subsection (5) shall not apply to either spouse who is no
longer liable to be convicted of any offence in the trial
(whether as a result of pleading guilty or for any other
reason).
(7) Section 7 of the Evidence Ordinance (Cap. 8) (privilege
of husband and wife) and section 8(2) of that Ordinance
(evidence of access) shall not apply to the husband or wife of
an accused, where the husband or wife is giving evidence for
the prosecution, or on behalf of the accused or a co-accused,
in circumstances in which he or she is compellable to do so
under subsection (2) or (3), as the case may be.
(8) Section 65A of the Evidence Ordinance (Cap. 8) (privilege
against incrimination of self or spouse in criminal
proceedings) shall not apply to the husband or wife of an
accused, where the husband or wife is giving evidence for the
prosecution, or on behalf of a co-accused, in circumstances in
which he or she is compellable to do so under subsection (3).

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Section 57 Cap. 221

(9) Subject to subsection (10), a former husband or wife of an

accused shall be competent and compellable to give evidence
as if he or she had never been married to the accused.
(10) A former husband or wife of an accused shall not, as regards
matters that occurred during his or her marriage to the
accused, be compellable to give evidence for the prosecution,
or on behalf of a co-accused, unless the former husband or
wife would be so compellable under subsection (3) if he or
she were still married to the accused.
(11) The failure to call the husband or wife of an accused to give
evidence on behalf of the accused or a co-accused shall not
be made the subject of any question or comment by the
prosecution.
(12) In this section—
accused (被控人) means a person charged with an offence;
child of the family (家庭子女) means—
(a) a natural or adopted child of the accused or the husband
or wife of the accused; or
(b) a person to whom the accused or the husband or wife of
the accused stands in loco parentis;
co-accused (同案被控人), in relation to an accused, means a
person standing trial together with the accused;
mentally incapacitated person (精神上無行為能力的人) means
a mentally disordered person within the meaning of section
2(1) of the Mental Health Ordinance (Cap. 136) or a mentally
handicapped person within the meaning of that section;
sexual offence (性罪行) means an offence under Part VI or XII of
the Crimes Ordinance (Cap. 200).
(13) For the purposes of subsection (3), the age of a child of the
family at the material time shall be deemed to be or to have

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Section 57A Cap. 221

been that which appears to the court to be or to have been his

age at that time.
(Replaced 23 of 2003 s. 4)

57A. Right to apply for exemption from obligation to give evidence

(1) Where the husband or wife of an accused is called to give
evidence for the prosecution, or on behalf of a co-accused,
in circumstances in which he or she is compellable to give
evidence under section 57(3), the husband or wife may at any
time apply to the court for an exemption from the obligation
to give evidence.
(2) Where an application for an exemption is made to a court
under subsection (1) and the court is satisfied—
(a) that, if the husband or wife were to give evidence for
the prosecution or on behalf of the co-accused, as the
case may be, there would be a substantial risk of—
(i) serious harm being caused to the relationship
between the husband or wife and the accused; or
(ii) serious emotional, psychological or economic
consequences for the husband or wife; and
(b) that, having regard to the nature and gravity of the
offence charged and the importance at the trial of the
evidence that the husband or wife is in a position to
give, there is insufficient justification for exposing the
husband or wife to that risk,
the court may exempt the husband or wife, wholly or in part,
from the obligation to give evidence.
(3) Where a court is constituted by a judge and jury, an
application for an exemption made under subsection (1) shall
be heard and determined by the judge in the absence of the
jury.

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(4) The fact that the husband or wife of an accused has applied
for, or been granted or refused, an exemption under this
section shall not be made the subject of any question or
comment by the prosecution.
(5) Where the husband or wife of an accused is called to give
evidence for the prosecution, or on behalf of a co-accused,
in circumstances in which he or she is compellable to give
evidence under section 57(3), the court must be satisfied that
the husband or wife is aware of his or her right to apply for
an exemption under subsection (1).
(6) In this section, the terms accused (被控人) and co-accused
(同案被控人) have the same meaning as in section 57.
(Added 23 of 2003 s. 4)

58. Application
Sections 54 to 57A shall apply to all criminal proceedings,
notwithstanding any other provision in force at the time of their
enactment, and in sections 54 to 57A, court (法庭) includes the
District Court and a magistrate.
(14 of 1906 s. 6 incorporated. Amended 20 of 1948 s. 4; 23 of
2003 s. 5)
[cf. 1898 c. 36 s. 6 U.K.]

59. Statements of accused persons

If on a trial by jury of a person accused of an offence, a statement
alleged to have been made by such accused person is admitted in
evidence, all evidence relating to the circumstances in which the
alleged statement was made shall be admissible for the purpose of
enabling the jury to decide upon the weight (if any) to be given
to the statement; and, if any such evidence has been taken in the
absence of the jury before the admission of the statement, the

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Section 60 Cap. 221

HKSAR and such accused person shall have the right to have any
such evidence retaken in the presence of the jury.
(Added 45 of 1949 s. 2. Amended 20 of 1948 s. 4; 39 of 1999 s. 3)

60. Abolition of corroboration rule in respect of alleged

accomplices
(1) Any requirement whereby at a trial by and before a judge
and jury it is obligatory for the judge to give the jury a
warning about convicting the accused on the uncorroborated
evidence of a person merely because that person is an alleged
accomplice of the accused is hereby abrogated.
(2) Any requirement that is applicable at a trial by a judge or
magistrate and corresponds to the requirement mentioned in
subsection (1) is hereby abrogated.
(Added 83 of 1994 s. 2)

Editorial Note:
The application of this section is affected by section 1(2) of the Criminal
Procedure (Amendment) (No. 3) Ordinance 1994 (83 of 1994).

61-62. (Repealed 5 of 1971 s. 12)

Proof of certain matters

63. Proof of previous convictions

(1) In any criminal proceedings a previous conviction against any
person may be proved in the manner prescribed in this section
in addition to any other method of proving such conviction.
(2) There shall be produced to the court or magistrate the
following—
(a) a certificate in Form 6 in Schedule 1 signed by a police
officer authorized in that behalf by the Commissioner

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Section 63 Cap. 221

of Police certifying the particulars of any previous

convictions extracted from the criminal records kept
by him, and certifying that copies of the finger-prints
exhibited to the certificate are copies of the finger-prints
appearing from such records;
(b) a certificate in Form 7 in Schedule 1 signed by the
police officer present at the taking of the finger-prints
from the person before the court or magistrate in
exercise of the powers conferred by section 59 of the
Police Force Ordinance (Cap. 232), or by order of the
court or magistrate under this section, certifying that the
finger-prints exhibited to the certificate are those of such
person;
(c) a certificate in Form 8 in Schedule 1 signed by a police
officer authorized in that behalf by the Commissioner
of Police certifying that the copies of the finger-prints
exhibited to Form 6 and the finger-prints exhibited to
Form 7 are those of the same person. (Amended 58 of
1994 s. 4)
(3) Any certificate issued under this section and purporting to be
signed by a police officer shall until the contrary is proved be
deemed to have been signed by such police officer and shall
be evidence of the facts stated therein.
(4) Where no certificate in Form 7 is available the court or
magistrate may order that the person before the court shall
have his finger-prints taken and that such a certificate shall be
prepared.
(5) Where it is desired to prove a conviction in any part of
the Commonwealth, the court or magistrate may accept a
certificate in Form 6 purporting to be signed by the person
stated therein to be the person having control of the relevant
criminal records, and such certificate shall be evidence of the
facts stated therein. (Amended 39 of 1999 s. 3)
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Section 64 Cap. 221

(Replaced 31 of 1958 s. 2)

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

On the trial of an issue on a plea of autrefois convict or autrefois
acquit, the depositions transmitted to the Registrar or Secretary
for Justice on the former trial, together with the judge’s notes, if
available, and the depositions transmitted to the Registrar on the
subsequent charge, shall be admissible in evidence to prove or
disprove the identity of the charges.
(Amended 6 of 1954 s. 7; L.N. 362 of 1997)

65. (Repealed 5 of 1971 s. 12)

65A. Proof of criminal intent

(1) A court or jury, in determining whether a person has
committed an offence—
(a) shall not be bound in law to infer that he intended or
foresaw a result of his acts or omissions by reason only
of its being a natural and probable consequence of those
acts or omissions; but
(b) shall decide whether he did intend or foresee that result
by reference to all the evidence, drawing such inferences
from the evidence as appear proper in the circumstances.
(2) In this section, court (法庭) includes the District Court and a
magistrate. (Amended 35 of 1976 s. 9)
(Added 5 of 1971 s. 6)
[cf. 1967 c. 80 s. 8 U.K.]

65B. Proof by written statement

(1) In any criminal proceedings, other than committal
proceedings, a written statement by any person shall, subject
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Section 65B Cap. 221

to the conditions contained in subsection (2), be admissible as

evidence to the like extent as oral evidence to the like effect
by that person.
(2) A statement may be tendered in evidence under subsection (1)
if—
(a) the statement purports to be signed by the person who
made it;
(b) the statement contains a declaration by that person to
the effect that it is true to the best of his knowledge and
belief;
(c) before the hearing at which the statement is tendered
in evidence, a copy of the statement is served, by or on
behalf of the party proposing to tender it, on each of the
other parties to the proceedings; and
(d) none of the other parties or their solicitors, within 14
days from the service of the copy of the statement,
serves a notice on the party so proposing objecting to
the statement being tendered in evidence under this
section:
Provided that paragraphs (c) and (d) shall not apply if the
parties agree before or during the hearing that the statement
shall be so tendered.
(3) If a statement tendered in evidence under subsection (1)—
(a) is made by a person under the age of 21, it shall give
his age;
(b) is made by a person who cannot read it, it shall be read
to him before he signs it and shall be accompanied by a
declaration by the person who so read the statement to
the effect that it was so read;
(c) subject to any directions of the court, is made in a
language other than an official language, it shall be

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accompanied by a translation in an official language

and, unless otherwise agreed by or on behalf of the
prosecutor and defendant (or, if more than one, all the
defendants), the translation shall be certified by the court
translator; (Amended 20 of 1988 s. 2; 51 of 1995 s. 13)
(d) refers to any other document as an exhibit, the copy
served on any other party to the proceedings under
subsection (2)(c) shall be accompanied by a copy of that
document or by such information as may be necessary
in order to enable the party on whom it is served to
inspect that document or a copy thereof.
(4) Notwithstanding that a written statement made by any person
may be admissible as evidence by virtue of this section—
(a) the party by whom or on whose behalf a copy of the
statement was served may call the person making the
statement to give evidence; and
(b) the court may, of its own motion or on the application
of any party to the proceedings either before or during
the hearing, require the person making the statement to
attend before the court and give evidence.
(5) So much of any statement as is admitted in evidence by
virtue of this section shall, unless the court otherwise directs,
be read aloud at the hearing and where the court so directs an
account shall be given orally of so much of any statement as
is not read aloud.
(6) Any document or object referred to as an exhibit and
identified in a written statement admitted in evidence under
this section shall be treated as if it had been produced as an
exhibit and identified in court by the maker of the statement.
(7) A document required by this section to be served on any
person may be served—
(a) by delivering it to him or to his solicitor; or
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(b) in the case of a body corporate, by delivering it to

the secretary or clerk of the body at its registered or
principal office or by sending it by registered post
addressed to the secretary or clerk of that body at that
office.
(8) In this section, court (法庭) includes the District Court and a
magistrate. (Added 34 of 1972 s. 11)
(Added 5 of 1971 s. 6)
[cf. 1967 c. 80 s. 9 U.K.]

65C. Proof by formal admission

(1) Subject to the provisions of this section, any fact of which
oral evidence may be given in any criminal proceedings may
be admitted for the purpose of those proceedings by or on
behalf of the prosecutor or defendant and the admission by
any party of any such fact under this section shall as against
that party be conclusive evidence in those proceedings of the
fact admitted.
(2) An admission under this section—
(a) may be made before or during the proceedings;
(b) if made otherwise than in court, shall be in writing;
(c) if made in writing by an individual, shall purport to be
signed by the person making it and, if so made by a
body corporate, shall purport to be signed by a director
or manager, or the secretary or clerk, or some other
similar officer of the body corporate;
(d) if made on behalf of a defendant who is an individual,
shall be made by his counsel or solicitor;
(e) if made at any stage before the trial by a defendant
who is an individual, must be approved by his
counsel or solicitor (whether at the time it was made

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or subsequently) before or during the proceedings in

question;
(f) may be made in either official language. (Added 51 of
1995 s. 14)
(3) An admission under this section for the purpose of
proceedings relating to any matter shall be treated as an
admission for the purpose of any subsequent criminal
proceedings relating to that matter (including any appeal or
retrial).
(4) An admission under this section may with the leave of the
court be withdrawn in the proceedings for the purpose of
which it is made or any subsequent criminal proceedings
relating to the same matter.
(5) In this section, court (法庭) includes the District Court and a
magistrate. (Added 34 of 1972 s. 12)
(Added 5 of 1971 s. 6)
[cf. 1967 c. 80 s. 10 U.K.]

65D. Notice of alibi

(1) On a trial on indictment the defendant shall not without the
leave of the court adduce evidence in support of an alibi
unless, before the end of the prescribed period, he gives
notice of particulars of the alibi.
(2) Without prejudice to subsection (1), on any such trial the
defendant shall not without the leave of the court call any
other person to give evidence in support of an alibi unless—
(a) the notice under subsection (1) includes the name and
address of the witness or, if the name and address is not
known to the defendant at the time he gives the notice,
any information in his possession which might be of
material assistance in finding the witness;

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(b) if the name or the address is not included in that notice,

the court is satisfied that the defendant, before giving
the notice, took and thereafter continued to take all
reasonable steps to secure that the name or address
would be ascertained;
(c) if the name or the address is not included in that notice,
but the defendant subsequently discovers the name or
address or receives other information which might be of
material assistance in finding the witness, he forthwith
gives notice of the name, address or other information,
as the case may be;
(d) if the defendant is notified by or on behalf of the
prosecutor that the witness has not been traced by the
name or at the address given, he forthwith gives notice
of any such information which is then in his possession
or, on subsequently receiving any such information,
forthwith gives notice of it.
(3) The court shall not refuse leave under this section if it
appears to the court that the defendant was not informed
in accordance with the provisions of section 85A of the
Magistrates Ordinance (Cap. 227), section 77B of the District
Court Ordinance (Cap. 336) or section 4 of the Complex
Commercial Crimes Ordinance (Cap. 394), as the case may
be, of the requirements of this section. (Amended 57 of 1988
s. 30; 59 of 1992 s. 7)
(4) Any evidence tendered to disprove an alibi may, subject to
any directions by the court as to the time it is to be given, be
given before or after evidence is given in support of the alibi.
(5) Any notice purporting to be given under this section on behalf
of the defendant by his solicitor shall, unless the contrary
is proved, be deemed to be given with the authority of the
defendant.

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(6) A notice under subsection (1) shall either be given in court

during, or at the end of, the committal proceedings or upon
the making of an order of transfer under section 4 of the
Complex Commercial Crimes Ordinance (Cap. 394) or where
proceedings stand transferred to the court under section
77A(6) of the District Court Ordinance (Cap. 336), as the
case may be, or be given in writing to the prosecutor, and a
notice under subsection (2)(c) or (d) shall be given in writing
to the prosecutor. (Amended 57 of 1988 s. 30; 59 of 1992 s. 7)
(7) A notice required by this section to be given to the prosecutor
may be given by delivering it to the Secretary for Justice
or by leaving it at the Secretary for Justice’s office, or by
sending it by registered post addressed to the Secretary for
Justice at his office. (Amended L.N. 362 of 1997)
(8) In this section—
evidence in support of an alibi (證明不在犯罪現場的證據) means
evidence tending to show that by reason of the presence of
the defendant at a particular place or in a particular area at a
particular time he was not, or was unlikely to have been, at
the place where the offence is alleged to have been committed
at the time of its alleged commission;
the prescribed period (訂明期間) means the period expiring not
less than 10 days prior to the commencement of the trial or in
relation to proceedings transferred to the court under section
4 of the Complex Commercial Crimes Ordinance (Cap. 394),
such period as may be prescribed by the judge at the trial.
(Amended 57 of 1988 s. 30)
(9) In computing the prescribed period there shall be disregarded
any day which is a general holiday under the General
Holidays Ordinance (Cap. 149). (Amended 35 of 1998 s. 5)
(Added 5 of 1971 s. 6)
[cf. 1967 c. 80 s. 11 U.K.]

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65DA. Notice of expert evidence

(1) Following the committal of any person or the transfer of
any charge or proceedings or action or matter for trial in
the court, or the making of an order for the retrial of any
person in the court, if any party to the proceedings proposes
to adduce expert evidence (whether of fact or opinion) in the
proceedings (otherwise than in relation to sentence) he shall
as soon as practicable, unless in relation to the evidence in
question he has already done so—
(a) furnish the other party or parties with a statement in
writing of any finding or opinion which he proposes to
adduce by way of such evidence; and
(b) where a request in writing is made to him in that behalf
by any other party, provide that party also with a copy
of (or if it appears to the party proposing to adduce
the evidence to be more practicable, a reasonable
opportunity to examine) the record of any observation,
test, calculation or other procedure on which such
finding or opinion is based and any document or
other thing or substance in respect of which any such
procedure had been carried out.
(2) A party may by notice in writing waive his right to be
furnished with any of the matters mentioned in subsection (1)
and, in particular, may agree that the statement mentioned in
subsection (1)(a) may be furnished to him orally and not in
writing.
(3) If a party has reasonable grounds for believing that
the disclosure of any evidence in compliance with the
requirements imposed by subsection (1) might lead to the
intimidation, or attempted intimidation, of any person on
whose evidence he intends to rely in the proceedings, or
otherwise to the course of justice being interfered with, he
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shall not be obliged to comply with those requirements in

relation to that evidence.
(4) Where, in accordance with subsection (3), a party considers
that he is not obliged to comply with the requirements
imposed by subsection (1) with regard to any evidence in
relation to any other party, he shall give notice in writing to
that party to the effect that the evidence is being withheld and
the grounds therefor.
(5) A party who seeks to adduce expert evidence in any
proceedings and who fails to comply with subsection (1) shall
not adduce that evidence in those proceedings without the
leave of the court.
(6) This section shall not have effect in relation to any
proceedings in which a person has been committed for trial or
ordered to be retried, or in which any charge or proceedings
or action or matter has been transferred, before the date on
which this section comes into force.
[cf. S.I. 1987/716 U.K.]
(7) In subsection (1), document (文件) includes, in addition to a
document in writing—
(a) any map, plan, graph or drawing;
(b) any photograph;
(c) any disc, tape, sound track or other device in which
sounds or other data (not being visual images) are
embodied so as to be capable (with or without the aid of
some other equipment) of being reproduced therefrom;
and
(d) any film (including microfilm), negative, tape, or
other device in which one or more visual images are
embodied so as to be capable (with or without the aid of
some other equipment) of being reproduced therefrom.

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[cf. 1968 c. 64 s. 10(1) U.K.]

(8) In this section, court (法院、法庭) includes the District
Court.
(Added 68 of 1995 s. 8)

65E. Proof of sexual intercourse

Where in any criminal proceedings it is necessary to prove sexual
intercourse, buggery or bestiality, it shall not be necessary to prove
the completion of the intercourse by the emission of seed, but
intercourse shall be deemed complete upon proof of penetration
only.
(Added 1 of 1978 s. 8. Amended 90 of 1991 s. 27)

Transfer of proceedings

65F. Transfer of proceedings

(1) Where an indictment is preferred against an accused person
and before he is arraigned, the Secretary for Justice may
apply to the court for an order that the proceedings against
the accused person be transferred before a magistrate to
be dealt with summarily or to be transferred to the District
Court. (Amended L.N. 440 of 1993; L.N. 362 of 1997)
(2) Any application under subsection (1) shall be made to a judge
by way of motion, notice of which shall be supported by an
affidavit showing the grounds on which the application is
made.
(3) A copy of the notice of motion and the affidavit shall be
served on the accused person not less than 21 days before the
date named in the notice for hearing the motion, unless the
judge otherwise directs.
(4) On an application being made under subsection (1), the judge
may, if he considers it fit having regard to the interests of

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justice, make an order allowing the application (in this section

and section 65G referred to as an “order of transfer”), or
refuse the application and may in either case make such order
as to costs as he considers appropriate.
(5) Where an order of transfer is made the judge shall appoint a
date on which the accused person is required to appear or be
brought before a magistrate or the District Court as may be
applicable.
(6) The date appointed under subsection (5) shall not be earlier
than 21 days from the date of the order of transfer.
(7) (a) Upon making an order of transfer to the District Court,
the judge shall say to the accused person—
“I must warn you that at your trial you may not
be permitted to give evidence of an alibi or call
witnesses in support of an alibi unless you have
earlier given particulars of the alibi and of the
witnesses. You may give those particulars now to
this court or to the prosecutor not less than 10 days
prior to the commencement of your trial.”,
or words to that effect and if it appears to the judge that
the accused person may not understand the meaning of
the word “alibi”, he shall explain it to him. (Amended
13 of 1995 s. 49)
(b) If the accused person is not present in court upon the
making of an order to transfer to the District Court the
clerk of the court shall forward to the accused person
by registered post written notice, in the English and
Chinese languages, of the warning required by paragraph
(a). (Added 13 of 1995 s. 49)
(8) Where the judge has given the warning required by subsection
(7)(a) or the clerk of the court has forwarded to the accused
person written notice under subsection (7)(b), the clerk of

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the court shall give the accused person written notice of the
provisions of section 75A of the District Court Ordinance
(Cap. 336). (Amended 13 of 1995 s. 49)
(8A) The written notices required by subsections (7) and (8) shall
be sent to the accused person not less than 28 days before the
date set for trial. (Added 13 of 1995 s. 49)
(9) Where an application is made under subsection (1), the
entire proceedings before the court shall be stayed until the
application is disposed of unless the judge otherwise orders in
respect of any matter.
(10) At the time of making an order of transfer, the judge may
remand the accused person in custody or on bail as he may
consider appropriate.
(11) Unless the judge otherwise orders in respect of any matter,
an order of transfer shall operate to terminate the proceedings
before the court.
(12) An order of transfer shall not be subject to appeal.
(13) This section shall not apply in relation to any proceedings
which stand transferred to the court pursuant to section 77A
of the District Court Ordinance (Cap. 336).
(14) Where apart from this subsection the court does not have
jurisdiction to hear and determine an application made under
subsection (1), this subsection shall confer such jurisdiction.
(Added 59 of 1992 s. 8)

65G. Delivery of the order of transfer

Within 21 days after an order of transfer is made, a sealed copy of
the order of transfer shall be delivered by the Registrar—
(a) if the proceedings are transferred to be dealt with by a
magistrate, to the first clerk of the magistracy at which
the accused person is required to appear;

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(b) if the proceedings are transferred to the District Court,

to the Registrar of the District Court.
(Added 59 of 1992 s. 8)

65H. Application may be made in a multi-defendant or multi-count

situation
(1) An application for an order under section 65F(4) may be
made in relation to one or more accused persons in any
proceedings or one or more counts in an indictment.
(2) Any reference to proceedings in sections 10A, 14(1)(aa),
16(1), 24A(1), 65F (other than in subsection (9) thereof) and
65G shall be construed as being a reference to proceedings
as respects the accused person to whom the order referred to
in subsection (1) relates or, when appropriate, the count to
which it relates.
(Added 59 of 1992 s. 8)

Case punishable on summary conviction

66. (Repealed 59 of 1992 s. 9)

Verdict and judgment

66A. (Repealed 49 of 1996 s. 3)

67. (Repealed 6 of 1990 s. 5)

67A. Computation of sentences of imprisonment

(1) The length of any sentence of imprisonment imposed on a
person by a court shall be treated as reduced by any period
during which he was in custody by reason only of having
been committed to custody by an order of a court made in

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connection with any proceedings relating to the sentence or

the offence for which it was passed, or with any proceedings
from which those proceedings arose, but where the person
was, in respect of the offence for which the sentence of
imprisonment was imposed, subject to an earlier order made
under—
(a) section 3 of the Probation of Offenders Ordinance
(Cap. 298);
(b) section 36 of the Magistrates Ordinance (Cap. 227); or
(c) section 109B of this Ordinance,
any such period of custody falling before the earlier order was
made shall be disregarded for the purposes of this section.
(1A) The length of any sentence of imprisonment imposed on a
person by a court shall also be treated as reduced by any
period during which he was, immediately prior to his first
appearance in court in connection with any proceeding
relating to the offence for which the sentence of imprisonment
was imposed, in custody—
(a) of the police, Customs and Excise Department or
Independent Commission Against Corruption in
connection with that offence; or
(b) under Part VII of the Immigration Ordinance (Cap. 115)
in connection with that offence. (Added 13 of 1995
s. 54)
(2) For the purposes of this section a suspended sentence shall
be treated as a sentence of imprisonment when it takes effect
under section 109C and as being imposed by the order under
which it takes effect.
(3) No period of custody, other than a period which would
have been taken into account immediately before the
commencement of the Criminal Procedure (Amendment)

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Ordinance 1983 (46 of 1983) for the purpose of reducing

a term of imprisonment, shall be taken into account for
the like purpose under this section unless it falls after the
commencement of the Criminal Procedure (Amendment)
Ordinance 1983 (46 of 1983).
(3A) No period of custody, other than a period which would
have been taken into account immediately before the
commencement of the amendment to this section effected
by the Administration of Justice (Miscellaneous Provisions)
Ordinance 1995 (13 of 1995) for the purpose of reducing
a term of imprisonment, shall be taken into account for
the like purpose under this section unless it falls after that
commencement. (Added 13 of 1995 s. 54)
(4) Any reference in this or any other Ordinance to the length
of any sentence of imprisonment shall, unless the context
otherwise requires, be construed as a reference to the sentence
pronounced by the court and not the sentence as reduced by
this section.
(5) In this section court (法庭) includes the District Court and a
magistrate.
(Replaced 46 of 1983 s. 2)
[cf. 1967 c. 80 s. 67 U.K.]

67B. Minimum term to be specified in respect of person sentenced to

life imprisonment
(1) When imposing a discretionary life sentence on a person for
an offence, the judge must specify as part of the sentence a
minimum term that the person must serve for the offence.
(2) If, when imposing an indeterminate sentence of imprisonment
on a person for an offence, the judge is of the opinion that
there are matters relating to the person or the offence which
should be recorded for the purpose of reviewing the sentence

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in the future, the judge must make a report in writing to the

Chief Executive specifying those matters. (Amended 39 of
1999 s. 3)
(Added 86 of 1997 s. 44)

67C. Determinations in respect of certain existing prisoners

(1) As soon as practicable after the commencement* of
this section and in any event within 6 months after such
commencement, the Secretary for Justice must, in respect
of each prescribed prisoner, apply to the court for a
determination by a judge under this section.
(2) If, within 6 months after the commencement* of this section,
the Secretary for Justice does not make any application in
respect of any prescribed prisoner under subsection (1),
the prescribed prisoner may also apply to the court for a
determination by a judge under this section.
(3) Subject to subsection (4), the judge hearing an application
under subsection (1) or (2) must determine the minimum
term that the prescribed prisoner must serve for the relevant
offence.
(4) Where the prescribed prisoner is serving the relevant sentence
in respect of the conviction of murder committed when he
was under 18 years of age, then, subject to the consent of the
prescribed prisoner to the application of this subsection to
him, the judge has the discretion as to whether—
(a) to make a determination under subsection (3); or
(b) to determine instead that the relevant sentence
be quashed, and be substituted by a sentence of
imprisonment for a fixed term of such duration as the
judge considers appropriate.
(5) In making a determination under this section—

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(a) subject to paragraph (b), the judge may take into account
any material submitted to him by the Secretary for
Justice or the prescribed prisoner that is, in his opinion,
relevant to the determination; and
(b) the judge must not take into account the previous
recommendation or the previous determination.
(6) Notwithstanding subsections (3) and (5), if the term
determined under subsection (3) (whether or not also by
application of subsection (4)(a)) as the minimum term that
the prescribed prisoner must serve for the relevant offence
is longer than the term specified as the minimum term to be
served by the prescribed prisoner for the relevant offence
under the previous recommendation, the term so determined
is, for all purposes, to be treated as equal to the term so
specified.
(7) If, when making a determination under subsection (3) (whether
or not also by application of subsection (4)(a)), the judge
is of the opinion that there are any special considerations
or circumstances relating to the prescribed prisoner or the
relevant offence which should be taken into account in any
future review of the relevant sentence, the judge must make a
report in writing to the Chief Executive specifying details of
those special considerations or circumstances.
(Replaced 22 of 2004 s. 2)

Editorial Note:
* Commencement date: 16 July 2004.

67D. Further provisions relating to applications under section 67C

and related procedural matters
(1) An application by the Secretary for Justice or a prescribed
prisoner under section 67C(1) or (2) is to be—

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(a) in writing; and

(b) signed—
(i) in the case of an application under section 67C(1),
by the Secretary for Justice or any person holding
one of the offices in the Department of Justice
mentioned in Schedule 1 to the Legal Officers
Ordinance (Cap. 87); or
(ii) in the case of an application under section 67C(2),
by the prescribed prisoner.
(2) No charge is to be payable for any application under section
67C(1) or (2).
(3) As soon as practicable after the Secretary for Justice has
made an application in respect of a prescribed prisoner under
section 67C(1), the Secretary for Justice must serve a copy of
the application on the prescribed prisoner.
(4) For the purposes of an application in respect of a prescribed
prisoner under section 67C(1) or (2), the Registrar must, as
soon as practicable after a request in writing has been made to
him by the Secretary for Justice or the prescribed prisoner, as
the case may be, as the person by whom the application is to
be made, deliver to the Secretary for Justice or the prescribed
prisoner, as the case may be—
(a) a copy of the record, if available, of the proceedings
relating to the relevant sentence; and
(b) a copy of any report concerning the prescribed prisoner
which was before the court which passed the relevant
sentence.
(5) Where an application has been made in respect of a
prescribed prisoner under section 67C(1) or (2), the Secretary
for Justice or the prescribed prisoner may apply to a judge
for—

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(a) a copy of the record, if available, of the proceedings

concerning the prescribed prisoner (whether relating to
the relevant offence or the relevant sentence) or any part
or parts of the record; and
(b) a copy of any document in the possession of the
Registrar,
and if the judge is satisfied that it is necessary and practicable
to do so, the judge must direct the Registrar to deliver the
copy to both the Secretary for Justice and the prescribed
prisoner.
(6) Without prejudice to section 123, all proceedings conducted
before a judge for the purposes of an application under
section 67C(1) or (2) (other than any proceedings conducted
before a judge for the purposes of an application under
subsection (5)) must be held in open court.
(Replaced 22 of 2004 s. 2)

67E. Sections 67C and 67D no longer to apply if prescribed

prisoners cease to serve relevant sentence
Where a prescribed prisoner ceases to serve the relevant sentence
at any time after the commencement* of section 67C but before
any determination is made in respect of the prescribed prisoner
under that section—
(a) sections 67C and 67D then cease to apply to the
prescribed prisoner; and
(b) without limiting the generality of paragraph (a), any
proceedings relating to the prescribed prisoner under
section 67C and any appeal or other proceedings arising
from or preliminary or incidental to such proceedings
are, to the extent that they have not been completed,
then to be treated as having been discontinued.
(Replaced 22 of 2004 s. 2)

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Editorial Note:
* Commencement date: 16 July 2004.

67F. Effect of section 67C determinations on previous orders

under section 15(1)(b) of Long-term Prison Sentences Review
Ordinance
(1) Where, before any determination is made under section
67C(3) (whether or not also by application of section
67C(4)(a)) in respect of a prescribed prisoner, any order has
been made under section 15(1)(b) of the Long-term Prison
Sentences Review Ordinance (Cap. 524) in respect of the
prescribed prisoner (whether or not any such order has been
renewed under section 15(4) of that Ordinance)—
(a) the determination does not affect the validity or effect
of the order or the order as renewed from time to time
under section 15(4) of that Ordinance; and
(b) sections 12(2) and 15(3) of that Ordinance are, for all
purposes, not to be regarded as having application to
and in relation to the order or the order as renewed from
time to time under section 15(4) of that Ordinance.
(2) Where, before any determination is made under section
67C(4)(b) in respect of a prescribed prisoner, any order has
been made under section 15(1)(b) of the Long-term Prison
Sentences Review Ordinance (Cap. 524) in respect of the
prescribed prisoner (whether or not any such order has been
renewed under section 15(4) of that Ordinance), upon the
making of the determination—
(a) without prejudice to section 27 of that Ordinance, the
order ceases to have effect; and
(b) for the purpose of requiring the prescribed prisoner
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imprisonment by which the relevant sentence is

substituted under the determination—
(i) the Commissioner of Correctional Services must
recall the prescribed prisoner to prison; and
(ii) section 26 of that Ordinance applies to and in
relation to the prescribed prisoner as it applies
to and in relation to a prisoner referred to in
subsection (1) of that section.
(Added 22 of 2004 s. 2)

67G. Interpretation
(1) In sections 67B, 67C, 67D, 67E and 67F and this section—
discretionary life sentence (酌情性終身監禁刑罰) has the same
meaning as in the Long-term Prison Sentences Review
Ordinance (Cap. 524);
Executive discretion (行政酌情決定) has the same meaning
as in the Long-term Prison Sentences Review Ordinance
(Cap. 524);
mandatory life sentence (強制性終身監禁刑罰) has the same
meaning as in the Long-term Prison Sentences Review
Ordinance (Cap. 524);
prescribed prisoner (訂明囚犯) means any prisoner—
(a) to whom any of the relevant provisions applied at their
commencement; and
(b) who at all times between such commencement and the
commencement of section 67C has been, and at the
commencement of section 67C is still—
(i) serving a discretionary life sentence in respect of
the conviction of any offence;

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(ii) serving a mandatory life sentence in respect of the

conviction of murder committed when the prisoner
was under 18 years of age; or
(iii) detained at Executive discretion in respect of the
conviction of any offence;
previous determination (原先裁定), in relation to a prescribed
prisoner, means the determination of the Chief Executive
specifying the minimum term to be served by the prescribed
prisoner for the relevant offence and notified to the prescribed
prisoner by letter dated 2 April 1998, 9 April 1998, 30 April
1998, 11 June 1998 or 16 July 1999, as the case may be;
previous recommendation (原先建議), in relation to a prescribed
prisoner, means the recommendation of the Chief Justice
to the Chief Executive specifying the minimum term to be
served by the prescribed prisoner for the relevant offence and
dated 15 December 1997, 28 August 1998 or 9 April 1999, as
the case may be;
relevant offence (有關罪行), in relation to a prescribed prisoner,
means—
(a) where the prescribed prisoner is within the description
of paragraph (b)(i) of the definition of “prescribed
prisoner”, the offence described in that paragraph;
(b) where the prescribed prisoner is within the description
of paragraph (b)(ii) of the definition of “prescribed
prisoner”, the offence of murder described in that
paragraph; or
(c) where the prescribed prisoner is within the description
of paragraph (b)(iii) of the definition of “prescribed
prisoner”, the offence described in that paragraph;
relevant provisions (有關條文) means—

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(a) section 67C as originally enacted by the Long-term

Prison Sentences Review Ordinance (Cap. 524); and
(b) section 67D as originally enacted by the Criminal
Procedure (Amendment) Ordinance 1998 (6 of 1998);
relevant sentence (有關刑罰), in relation to a prescribed prisoner,
means—
(a) where the prescribed prisoner is within the description
of paragraph (b)(i) of the definition of “prescribed
prisoner”, the discretionary life sentence described in
that paragraph;
(b) where the prescribed prisoner is within the description
of paragraph (b)(ii) of the definition of “prescribed
prisoner”, the mandatory life sentence described in that
paragraph; or
(c) where the prescribed prisoner is within the description
of paragraph (b)(iii) of the definition of “prescribed
prisoner”, the detention at Executive discretion described
in that paragraph.
(2) In sections 67C and 67D, any reference to judge is a
reference to a judge of the court, a recorder of the court or a
deputy judge of the court.
(Added 22 of 2004 s. 2)

68. Cumulative sentences

Where the court sentences any person to undergo a term
of imprisonment for an offence, and such person is already
undergoing, or is at the same time of the court sentenced to
undergo, imprisonment for another offence, it shall be lawful for
the court to direct that such imprisonment shall commence at any
time during or at the expiration of the term of imprisonment which
such person is then undergoing or has been so previously sentenced
to undergo, as aforesaid.

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(Amended 46 of 1983 s. 3; 6 of 1990 s. 6)

[cf. 1827 c. 28 s. 10 U.K.]

69. Abolition of certain forms of punishment

There is abolished so much of the punishment for any offence as
consists in any general forfeiture of lands or of goods and chattels
or in being removed from Hong Kong or otherwise incapacitated
to sue or be sued.
(Replaced 50 of 1991 s. 4)

70. (Repealed 24 of 1993 s. 9)

71. (Repealed 50 of 1991 s. 4)

Compensation
(Amended 23 of 2002 s. 6)

72. (Repealed 39 of 1996 s. 23)

73. Power to award compensation

(1) Where a person is convicted of an offence, the court may, in
addition to passing such sentence as may otherwise by law
be passed or making an order under section 107(1), order
the person so convicted to pay to any aggrieved person such
compensation for—
(a) personal injury;
(b) loss of or damage to property; or
(c) both such injury and loss or damage,
as it thinks reasonable.
(2) The amount ordered as compensation under subsection (1)
shall be deemed a judgment debt due to the person entitled to

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receive the same from the person so convicted. (Amended 23

of 2002 s. 7)
(3) If before an order for compensation is made, any money—
(a) was taken from the person so convicted on his
apprehension, arrest, being taken into custody or his
surrender to custody; or
(b) was paid into court by the person so convicted,
the court may, on making the order, order that the
compensation be paid out of any money so taken or paid.
(Added 23 of 2002 s. 7)
(4) Subsection (3) shall not apply to any money that is a first
charge for the benefit of the Director of Legal Aid within
the meaning of section 18A(1) of the Legal Aid Ordinance
(Cap. 91). (Added 23 of 2002 s. 7)
(5) Payment of the compensation may be enforced at the instance
of any person entitled thereto in the same way as a judgment
debt. (Added 23 of 2002 s. 7)
(Replaced 48 of 1972 s. 4)

73A. (Repealed 39 of 1996 s. 23)

Arraignment and trial of insane person

74. Acquittal on grounds of insanity

(1) Where any act or omission is charged against any person as
an offence, and it is given in evidence on trial of such person
for that offence that he was insane, so as not to be responsible
according to law for his actions at the time when the act was
done or the omission made, then, if it appears to the jury
before whom such person is tried that he did the act or made
the omission charged, but was insane as aforesaid at the time
when he did or made the same, the jury shall return a special

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verdict that the accused person is not guilty by reason of

insanity. (Amended 81 of 1997 s. 59)
(2) Section 75(7) shall apply to this section as it applies to
section 75. (Added 81 of 1997 s. 59)
(Replaced 34 of 1972 s. 13)
[cf. 1883 c. 38 s. 2 U.K.; 1964 c. 84 s. 1]

75. Fitness to be tried

(1) This section applies where on the trial of a person the
question arises (at the instigation of the defence or otherwise)
whether the accused is under a disability, that is to say, under
any disability such that apart from this Ordinance it would
constitute a bar to his being tried. (Replaced 37 of 1996 s. 3)
(2) The court, if having regard to the nature of the supposed
disability is of opinion that it is expedient so to do and in the
interests of the accused person, may postpone consideration
of the said question (hereinafter referred to as the question
of fitness to be tried) until any time up to the opening of
the case for the defence, and if before the question of fitness
to be tried falls to be determined the jury return a verdict
of acquittal on the count or each of the counts on which
the accused person is being tried that question shall not be
determined.
(3) Subject to subsection (2), the question of fitness to be tried
shall be determined as soon as it arises.
(4) The question of fitness to be tried shall be determined by a
jury, and—
(a) where it falls to be determined on the arraignment of the
accused person, then if the trial proceeds the accused
person shall be tried by—

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(i) where paragraph (a) of the definition of court

is applicable, a jury other than the jury which
determined that question;
(ii) in any other case, the same jury which determined
that question;
(b) where it falls to be determined at any later time, it shall
be determined by—
(i) where paragraph (a) of the definition of court is
applicable, a separate jury or the jury by whom
the accused person is being tried, as the court may
direct;
(ii) in any other case, the same jury by whom the
accused person is being tried. (Replaced 37 of
1996 s. 3)
(5) A jury shall not make a determination under subsection
(4) except on the written or oral evidence of 2 or more
registered medical practitioners (of whom not less than 2
shall be psychiatrists on the Specialist Register established
under section 6(3) of the Medical Registration Ordinance
(Cap. 161)). (Replaced 37 of 1996 s. 3. Amended 32 of 2000
s. 11)
(6) In this section—
court (法庭) means—
(a) the Court of First Instance acting in the exercise of its
criminal jurisdiction; (Amended 25 of 1998 s. 2)
(b) the District Court acting in the exercise of its criminal
jurisdiction; or
(c) a magistrate;
verdict of acquittal (無罪的裁決) does not include a special
verdict that the accused person is not guilty by reason of
insanity. (Replaced 37 of 1996 s. 3)
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(7) In this section, any reference to a jury shall, where the

trial concerned takes place in the District Court or before a
magistrate, be read as a reference to a District Judge or the
magistrate, as the case may be. (Added 37 of 1996 s. 3)
(Replaced 34 of 1972 s. 13)
[cf. 1964 c. 84 s. 4 U.K.]

75A. Determination as to whether accused person under disability

did the act or made the omission charged
(1) Where in accordance with section 75 it is determined by a
jury that an accused person is under disability, then—
(a) without prejudice to any proceedings for the purposes
of paragraph (b)(ii), the trial shall not proceed or further
proceed;
(b) the jury shall determine—
(i) on the evidence (if any) already given in the trial;
and
(ii) on such evidence as may be adduced or further
adduced by the prosecution or adduced by a person
appointed by the court for the purpose of this
section to put the case for the defence,
whether they are satisfied, as respects the count or each
of the counts on which the accused person was to be or
was being tried, that he did the act or made the omission
charged against him as the offence;
(c) if the jury are so satisfied as respects that count or
any of those counts, they shall make a finding that the
accused person did that act or made that omission;
(d) if the jury are not so satisfied as respects that count
or any of those counts, they shall return a verdict of

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acquittal as if on the count concerned the trial had

proceeded to a conclusion.
(2) Section 75(6) and (7) shall apply to this section as it applies
to section 75.
(3) For the avoidance of doubt it is hereby declared that—
(a) evidence that may be adduced under subsection (1)(b)(ii)
includes the testimony of witnesses;
(b) the law applicable in criminal proceedings shall be
the law applicable in any proceedings arising under
subsection (1)(b).
(Added 37 of 1996 s. 4)

76. Orders to be made

(1) This section applies where—
(a) under section 74 a special verdict is returned that an
accused person is not guilty by reason of insanity; or
(b) under sections 75 and 75A a finding is recorded that an
accused person is under disability and that he did the act
or made the omission charged against him.
(2) Subject to subsection (3), the court shall—
(a) if it is satisfied, on the written or oral evidence
of 2 or more registered medical practitioners (of
whom not less than 2 shall be psychiatrists on the
Specialist Register established under section 6(3) of
the Medical Registration Ordinance (Cap. 161)), that
it is necessary in the interests or the welfare of the
accused person or for the protection of other persons
that the accused person be admitted to the Correctional
Services Department Psychiatric Centre or a mental
hospital, make an order that the accused person be
admitted—  (Amended 32 of 2000 s. 12)

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(i) in accordance with the provisions of Schedule 4, to

that Centre; or
(ii) to such mental hospital as may be specified by the
Chief Executive, (Amended 39 of 1999 s. 3)
as the case may be; or
(b) make in respect of the accused person such one of the
following orders as it thinks most suitable in all the
circumstances of the case, namely—
(i) a guardianship order under Part IIIA of the Mental
Health Ordinance (Cap. 136);
(ii) a supervision and treatment order under Part IIIB
of that Ordinance;
(iii) an order for his absolute discharge.
(3) Subsection (2)(b) shall not apply where the offence to which
the special verdict or the finding relates is an offence the
sentence for which is fixed by law.
(4) For the avoidance of doubt, it is hereby declared that—
(a) the court may not make an order referred to in
subsection (2)(b)(i) or (ii) where it is prohibited from so
doing by virtue of the provisions of Part IIIA or IIIB,
as the case may be, of the Mental Health Ordinance
(Cap. 136);
(b) the fact that the court makes an order referred to in
subsection (2)(b)(i) or (ii) in any case where subsection
(1)(b) is applicable shall not of itself prevent the accused
person from being tried in respect of the act or omission
charged against him should he subsequently cease either
to be subject to that order or to be under disability (but
without prejudice to the operation again of sections 75
and 75A in respect of the accused person).

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(5) Section 75(6) and (7) shall apply to this section as it applies
to section 75.
(Replaced 37 of 1996 s. 4)

76A. Evidence by prosecution of insanity or diminished responsibility

Where on a trial for murder the accused person contends—
(a) that at the time of the alleged offence he was insane so
as not to be responsible according to law for his actions;
or
(b) that at that time he was suffering from such abnormality
of mind as is specified in section 3(1) of the Homicide
Ordinance (Cap. 339) (diminished responsibility),
the court shall allow the prosecution to adduce or elicit evidence
tending to prove the other of those contentions, and may give
directions as to the stage of the proceedings at which the
prosecution may adduce such evidence.
(Added 34 of 1972 s. 13)
[cf. 1964 c. 84 s. 6 U.K.]

Pregnancy
(Amended 13 of 1981 s. 7)

77. (Repealed 24 of 1993 s. 10)

78. (Repealed 13 of 1981 s. 7)

Record of proceedings

79. Record of proceedings and inspection thereof

(1) A record (whether made by means of shorthand notes, by
mechanical, digital, electronic or optical means or otherwise)
kept in accordance with rules made under section 9, or such

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other record as the trial judge may direct, shall be taken of

the proceedings at the trial of any person on indictment who,
if convicted, is entitled or may be authorized to appeal to the
Court of Appeal. (Amended 6 of 2025 s. 49)
(2) A record taken under subsection (1) shall be open for
inspection without fee or reward by—
(a) a judge;
(b) the Registrar;
(c) the Secretary for Justice; (Amended L.N. 362 of 1997)
(d) a judge or deputy judge of the District Court;
(e) the registrar of the District Court;
(f) a party interested or his legal representative;
(g) any person, or his legal representative, who satisfies the
Registrar that such inspection is reasonably required
in connection with actual or potential civil or criminal
proceedings by or against that person;
(h) any person who satisfies the Registrar that there is good
and sufficient reason for that inspection.
(3) A decision by the Registrar to refuse permission to inspect
shall be final.
(4) The right to inspect under subsection (2) shall include the
right to a copy of the record subject, in the case of applicants
under subsection (2)(g) and (h), to payment of the prescribed
fee.
(5) Disclosure of the contents of a record under subsection
(2) shall not amount to a breach of the Rehabilitation of
Offenders Ordinance (Cap. 297).
(6) For the purposes of subsection (2) a party interested (有利害
關係的一方) means the prosecutor or the person convicted or
any person named in, or immediately affected by, any order

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made by the trial judge or any other person authorized to act

on behalf of any such person.
(Replaced 13 of 1995 s. 43)

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Part IIIA

Special Procedures for Vulnerable Witnesses

(Part IIIA added 69 of 1995 s. 3)
(Format changes—E.R. 1 of 2015)

79A. Interpretation
In this Part, unless the context otherwise requires—
child (兒童) means a person who—
(a) in the case of an offence of sexual abuse—
(i) is under 17 years of age; or
(ii) for the purposes of section 79C, if the person was
under that age when a video recording to which
section 79C applies was made in respect of him, is
under 18 years of age; or
(b) in the case of an offence to which this Part applies,
other than an offence of sexual abuse—
(i) is under 14 years of age; or
(ii) for the purposes of section 79C, if the person was
under that age when a video recording to which
section 79C applies was made in respect of him, is
under 15 years of age;
court (法院、法庭) includes the District Court and a magistrate;
live television link (電視直播聯繫) means a system—
(a) in which a courtroom and another room located in the
same premises as the courtroom are equipped with,
and linked by, audio-visual facilities that are capable of
allowing—

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(i) persons in the courtroom to see and hear persons

in the other room; and
(ii) persons in the other room to hear, or see and hear,
persons in the courtroom; and
(b) installed for allowing persons in the other room to
give evidence in the proceedings taking place in the
courtroom,
and includes a similar system linking a room in which a
magistrate is taking a deposition in writing under section 79E
with another room from which the person gives evidence for
the purpose of the deposition; (Replaced 20 of 2014 s. 3)
mentally incapacitated person (精神上無行為能力的人) means a
person who is mentally disordered or mentally handicapped,
as the case may be, within the meaning of the Mental Health
Ordinance (Cap. 136); (Replaced 81 of 1997 s. 59)
notice of transfer (移交通知) means a notice served under section
79F;
offence of cruelty (殘暴罪行) means an offence against section
26 or 27 of the Offences against the Person Ordinance
(Cap. 212);
offence of sexual abuse (性虐待罪行) means—
(a) an offence against Part VI or Part XII, other than
sections 126, 147A and 147F, of the Crimes Ordinance
(Cap. 200); or
(b) an offence against section 3 of the Prevention of Child
Pornography Ordinance (Cap. 579); (Replaced 31 of
2003 s. 19)
statement (陳述) includes any representation of fact, whether made
in words or otherwise;

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video recording (錄影紀錄) means a recording, on any medium,

from which a moving image may by any means be produced
and includes the accompanying sound-track.

79B. Evidence by live television link

(1) In this section—
complainant (申訴人) has the meaning given by section 156(8) of
the Crimes Ordinance (Cap. 200); (Added 17 of 2018 s. 3)
specified sexual offence (指明性罪行) has the meaning given by
section 117(1) of the Crimes Ordinance (Cap. 200); (Added
17 of 2018 s. 3)
witness in fear (惶恐證人) means a witness whom the court
hearing the evidence is satisfied, on reasonable grounds, is
apprehensive as to the safety of himself or any member of his
family if he gives evidence. (Amended 17 of 2018 s. 3)
(2) Where a child, other than the defendant, is to give evidence,
or be examined on video recorded evidence given under
section 79C, in proceedings in respect of—
(a) an offence of sexual abuse;
(b) an offence of cruelty; or
(c) an offence which involves an assault on, or injury or a
threat of injury to, a person and the offence is triable—
(i) on indictment; or
(ii) either summarily or on indictment,
the court may, on application or on its own motion, permit
the child to give evidence or be examined by way of a
live television link, subject to such conditions as the court
considers appropriate in the circumstances.
(3) Where a mentally incapacitated person, including one who
is a defendant, is to give evidence, or be examined on video

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recorded evidence given under section 79C, in proceedings in

respect of an offence that is triable— (Amended 81 of 1997
s. 59)
(a) on indictment; or
(b) either summarily or on indictment,
the court may, on application or on its own motion, permit
the person to give evidence or be examined by way of a
live television link, subject to such conditions as the court
considers appropriate in the circumstances.
(4) Where a witness in fear is to give evidence in proceedings in
respect of any offence, the court may, on application or on its
own motion, permit the person to give evidence by way of
a live television link, subject to such conditions as the court
considers appropriate in the circumstances.
(4A) If a complainant is to give evidence in proceedings involving
a specified sexual offence, the court may, on application or
on its own motion, permit the complainant to give evidence
by way of a live television link, subject to any conditions the
court considers appropriate in the circumstances. (Added 17
of 2018 s. 3)
(5) Where a person is giving evidence in proceedings or being
examined by way of a live television link, the place from
which he is giving the evidence shall, for all purposes in
connection with such proceedings, be deemed to be part of
the courtroom in which such proceedings are taking place.
(6) The audio-visual facilities used in a live television link must
be approved by the Chief Justice. (Added 20 of 2014 s. 4)

79C. Video recorded evidence

(1) In this section—
adult (成年人) means—

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(a) a police officer;

(b) a social worker or clinical psychologist who is employed
by the Government.
(2) Where in proceedings in respect of—
(a) an offence of sexual abuse;
(b) an offence of cruelty; or
(c) an offence which involves an assault on, or injury or a
threat of injury to, a person and the offence is triable—
(i) on indictment; or
(ii) either summarily or on indictment,
a video recording has been made of an interview between an
adult and a child who is not a defendant and the interview
relates to any matter in issue in the proceedings, the video
recording may, with leave of the court, be given in evidence.
(3) Where in proceedings in respect of an offence that is triable—
(a) on indictment; or
(b) either summarily or on indictment,
a video recording has been made of an interview between
an adult and a mentally incapacitated person, including a
mentally incapacitated person who is a defendant where such
a defendant and his counsel so request, and the interview
relates to any matter in issue in the proceedings, the video
recording may, with leave of the court, be given in evidence.
(4) Where a video recording is tendered in evidence under this
section, the court shall grant leave to admit the recording
unless—
(a) it appears that the child or mentally incapacitated person
will not be available for cross-examination;

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(b) any rules of court requiring disclosure of the

circumstances in which the recording was made have
not been complied with to the satisfaction of the court;
or
(c) the court is of the opinion, having regard to all the
circumstances of the case, that in the interests of justice
the recording ought not to be admitted,
and where the court grants such leave it may, if it is of
the opinion that in the interests of justice any part of the
recording ought not to be admitted, direct that that part shall
be excluded.
(5) In considering whether any part of a video recording ought to
be excluded, the court shall consider whether any prejudice
to the defendant, or one of the defendants, which might
result from the admission of that part is outweighed by the
desirability of showing the whole, or substantially the whole,
of the recorded interview.
(6) Where a video recording is admitted—
(a) the child or mentally incapacitated person shall be called
by the party who tendered the recording in evidence;
(b) the child or mentally incapacitated person shall not be
examined in chief, save with leave of the court, on any
matter which, in the opinion of the court, has been dealt
with in his recorded testimony.
(7) Where a video recording is given in evidence, any statement
made by the child or mentally incapacitated person which is
disclosed by the recording shall be treated as if given by that
witness in direct oral testimony and accordingly—
(a) any such statement shall be admissible evidence of
any fact of which such testimony from him would be
admissible;

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(b) no such statement shall be capable of corroborating any

other evidence given by him,
and in estimating the weight, if any, to be attached to such
a statement, regard shall be had to all the circumstances
from which any inference can reasonably be drawn as to its
accuracy or otherwise.
(8) A magistrate inquiring into an indictable offence at committal
proceedings may consider any video recording in respect of
which leave for its production as evidence is to be sought
at the trial, notwithstanding that the child witness or the
mentally incapacitated witness is not called at the committal
proceedings.
(9) Nothing in this section shall prejudice the admissibility of any
video recording which would be admissible apart from this
section.
(Amended 81 of 1997 s. 59)

79D. Chief Judge to make rules

The Chief Judge may make rules or give directions
respecting—  (Amended 10 of 2005 s. 16)
(a) the giving of evidence by way of a live television link;
and
(b) the admission and use of video recorded interviews as
evidence in proceedings to which this Part applies.

79E. Depositions
(1) Where a child, other than one who is the defendant, is to give
evidence in proceedings in respect of—
(a) an offence of sexual abuse;
(b) an offence of cruelty; or

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(c) an offence which involves an assault on, or injury or a

threat of injury to, a person and the offence is triable—
(i) on indictment; or
(ii) either summarily or on indictment,
and in respect of such proceedings—
(i) for good reason it is unavoidable that a trial cannot be
heard without delay; or
(ii) exposure to a full trial would endanger the physical or
mental health of the child,
a party to the proceedings may apply for leave for a
deposition in writing to be taken from the child by a
magistrate.
(2) Where a mentally incapacitated person is to give evidence in
proceedings in respect of an offence that is triable—
(a) on indictment; or
(b) either summarily or on indictment,
and in respect of such proceedings—
(i) for good reason it is unavoidable that a trial cannot be
heard without delay; or
(ii) exposure to a full trial would endanger the physical or
mental health of the mentally incapacitated person,
a party to the proceedings may apply for leave for a
deposition in writing to be taken from the mentally
incapacitated person, including a mentally incapacitated
person who is a defendant where such a defendant and his
counsel so request, by a magistrate. (Amended 81 of 1997
s. 59)
(3) The court shall not grant leave to take a deposition under this
section unless—

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(a) in the case of—

(i) an unavoidable delay, the application is supported
by, where the proceedings are in—
(A) the High Court, a certificate of the Registrar
of the High Court; (Amended 25 of 1998 s. 2)
(B) the District Court, a certificate of the Chief
District Judge; or
(C) a magistrate’s court, a certificate of the Chief
Magistrate,
stating the reason why an early and speedy trial is
not possible; or
(ii) danger to physical or mental health, the application
is supported by an affidavit or written affirmation
of a registered medical practitioner setting forth the
reasons for his belief that there is such danger;
(b) the applying party has given the other party reasonable
notice of his intention to take the deposition; and
(c) in the case of an unavoidable delay, it is satisfied that
the delay is so great that it is in the interests of justice to
have a deposition taken.
(4) Where the application is based on danger to physical or
mental health, the court hearing the application may summon
the medical practitioner who made the affidavit or affirmation
to appear to answer questions or be cross-examined.
(5) Where leave has been granted, a magistrate may take
the deposition at any time before the trial of the offence
commences.
(6) A deposition shall be accompanied by a certificate signed by
the magistrate stating—

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Section 79E Cap. 221

(a) the grounds on which leave was granted for taking the
deposition;
(b) the date and place it was taken;
(c) the names of those present while it was taken;
(d) that the deposition was taken in the presence of the other
party and that he or his counsel or solicitor was given a
full opportunity to cross-examine the child or mentally
incapacitated person, as the case may be; (Amended 81
of 1997 s. 59)
(e) that, except in the case of a child giving unsworn
evidence, the usual oath was administered to the person
prior to the deposition being taken;
(f) that the evidence so taken was reduced into writing and
read over to the child or mentally incapacitated person,
as the case may be, and was signed by—  (Amended 81
of 1997 s. 59)
(i) him, unless by reason of his tender age or mental
incapacity he is incapable of signing his name; and
(ii) the magistrate who took the deposition.
(7) A deposition taken in accordance with this section is
admissible as evidence without further proof at the trial of the
offence to which the deposition relates.
(8) Except with leave of the court, a witness in respect of whom
a deposition has been taken under this section shall not be
examined or cross-examined in any subsequent hearing on
any matter which in the court’s opinion has been dealt with in
the deposition.
(9) In taking a deposition the magistrate may, on application
or on his own motion, allow testimony to be given by way
of a live television link, subject to such conditions as the
magistrate considers appropriate in the circumstances.

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Part IIIA 3A-22

Section 79F Cap. 221

79F. Notice of transfer

(1) Where—
(a) a person has been charged with—
(i) an offence of sexual abuse;
(ii) an offence of cruelty; or
(iii) an offence which involves an assault on, or injury
or a threat of injury to, a person and the offence is
triable—
(A) on indictment; or
(B) either summarily or on indictment;
(b) a child was the victim of the offence with which the
person has been charged,
and the Director of Public Prosecutions is of the opinion—
(i) that the evidence of the offence would be sufficient for
the person charged to be committed for trial; and
(ii) that it is necessary for the purpose of avoiding any
prejudice to the welfare of the child that the case should
be taken over and proceeded with without delay by the
Court of First Instance, (Amended 25 of 1998 s. 2)
the Director of Public Prosecutions may serve a notice of
transfer on the relevant magistrate certifying his opinion,
together with an affidavit setting out the reasons for such
opinion. (Amended L.N. 362 of 1997)
(2) Where—
(a) a person has been charged with any offence that is
triable—
(i) on indictment; or
(ii) either summarily or on indictment;

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Section 79F Cap. 221

(b) a mentally incapacitated person was the victim of

the offence with which the person has been charged,
(Amended 81 of 1997 s. 59)
and the Director of Public Prosecutions is of the opinion—
(i) that the evidence of the offence would be sufficient for
the person charged to be committed for trial; and
(ii) that it is necessary for the purpose of avoiding any
prejudice to the welfare of the mentally incapacitated
person that the case should be taken over and proceeded
with without delay by the Court of First Instance,
(Amended 81 of 1997 s. 59; 25 of 1998 s. 2)
the Director of Public Prosecutions may serve a notice of
transfer on the relevant magistrate certifying his opinion,
together with an affidavit setting out the reasons for such
opinion. (Amended L.N. 362 of 1997)
(3) A notice of transfer shall be served on the magistrate
before the person charged elects to have the charge heard
at a preliminary inquiry under section 80C(1)(b) of the
Magistrates Ordinance (Cap. 227).
(4) On or before the day the notice of transfer is served on the
magistrate, copies of the documents referred to in section
80B(1) of the Magistrates Ordinance (Cap. 227) shall be
served on the defendant and the originals filed with the
magistrate, and that section 80B applies to those documents
to the extent possible.
(5) On the service of the notice of transfer, the magistrate shall,
without further examination or inquiry, forthwith order that
the defendant stand committed for trial in the Court of First
Instance on the charge specified in the notice of transfer and
shall so inform the defendant or cause him to be so informed.
(Amended 25 of 1998 s. 2)

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Section 79G Cap. 221

(6) Sections 85A and 86 of the Magistrates Ordinance (Cap. 227)

apply to a committal under this section subject to the
following—
(a) the defendant may, at any time before he is arraigned,
apply to the Court of First Instance to have the charge
specified in the notice of transfer dismissed; (Amended
25 of 1998 s. 2)
(b) the reference in section 86(1)(b) of that Ordinance to
documents handed in by the prosecutor shall be read as
referring to the originals of the documents filed under
subsection (4) of this section.
(7) A person committed under this section shall be deemed to
have been committed for the purposes of section 24A(1)(a)
and (2).

79G. Application for dismissal of charges contained in a notice of

transfer
(1) Where a notice of transfer has been served, any person
to whom the notice relates may, at any time before he
is arraigned (and whether or not an indictment has been
preferred against him), apply orally or in writing to the Court
of First Instance to be discharged. (Amended 25 of 1998 s. 2)
(2) The court shall, if it appears to it that the evidence against
the applicant would not be sufficient for a jury properly to
convict him, direct that he not be arraigned on the charge and
direct that he be discharged.
(3) No oral application may be made under subsection (1)
unless the applicant has given the court written notice of his
intention to make the application.
(4) Oral evidence may be given on such an application only with
the leave of the court or by its order; and the court shall grant
leave or make an order only if it appears to it, having regard

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Section 79G Cap. 221

to any matters stated in the application for leave, that the

interests of justice require it to do so.
(5) No leave or order under subsection (4) shall be granted or
made in relation to oral evidence from a child or mentally
incapacitated person who is alleged—  (Amended 81 of 1997
s. 59)
(a) to be a person against whom an offence to which the
notice of transfer relates was committed; or
(b) to have witnessed the commission of such an offence.
(6) If the court grants leave permitting, or makes an order
requiring, a person to give oral evidence, but that person does
not do so, the court may disregard any document indicating
the evidence that he might have given.
(7) Subject to section 81E(3), a discharge under this section shall
be deemed to be an acquittal.
(8) The Chief Judge may make rules or give directions for
the purposes of this section and, without prejudice to the
generality of this subsection, the rules or directions may make
provision—  (Amended 10 of 2005 s. 17)
(a) as to the time or stage in the proceedings at which
anything required to be done is to be done (unless the
court grants leave to do it at some other time or stage);
(b) as to the contents and form of notices or other
documents;
(c) as to the manner in which evidence is to be submitted;
and
(d) as to persons to be served with notices or other material.

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Section 79G Cap. 221

(9) Rules or directions made under subsection (8) shall not have
effect until approved by the Legislative Council and published
in the Gazette.

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Part IIIB 3B-2

Section 79H Cap. 221

Part IIIB

(Repealed 6 of 2025 s. 69)

79H. (Repealed 6 of 2025 s. 69)

79I. (Repealed 6 of 2025 s. 69)

79J. (Repealed 6 of 2025 s. 69)

79K. (Repealed 6 of 2025 s. 69)

79L. (Repealed 6 of 2025 s. 69)

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Part IV—Division 1 4-2

Section 80 Cap. 221

Part IV

Appeals, Questions of Law Reserved and Referred and

Review
(Amended 20 of 1979 s. 2)
(Format changes—E.R. 1 of 2018)

Division 1—Interpretation
(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

80. Interpretation of Part IV

(Amended 21 of 2023 s. 3)
(1) In this Part—
HK National Security Law (《香港國安法》) means the Law
of the People’s Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region
(a translation of “《中華人民共和國香港特別行政區維
護國家安全法》”), as applied in the Hong Kong Special
Administrative Region under the Promulgation of National
Law 2020 (L.N. 136 of 2020)*; (Added 21 of 2023 s. 3)
sentence (刑罰), in relation to an offence, includes any order made
by a court in dealing with an offender, including a hospital
order. (Amended 20 of 1979 s. 3)
(2) Any power of the Court of Appeal to pass a sentence includes
a power to make a recommendation for deportation under
section 21 of the Immigration Ordinance (Cap. 115).
(Replaced 34 of 1972 s. 15)
[cf. 1968 c. 19 s. 50 U.K.]
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Section 81 Cap. 221

Editorial Note:
* See Promulgation of National Law 2020—The Law of the People’s
Republic of China on Safeguarding National Security in the Hong Kong
Special Administrative Region (Instrument A302).

Division 2—Reservation of Question of Law

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

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

Appeal
(1) The judge of the court of trial may reserve for the
consideration of the Court of Appeal any question of law
which may arise on the trial of any indictment.
(2) In exercising his power under subsection (1), the judge may
act either of his own motion or on the application of the
Secretary for Justice or the defence. (Amended L.N. 362 of
1997)
(3) A judge may, if he reserves a question of law under
subsection (1) and the accused person has been convicted—
(a) postpone judgment until the question has been
considered and decided; and
(b) commit the person convicted to prison or admit him to
bail, with or without one or more sufficient sureties, and
in such sum as he may think fit, conditioned to appear at
such time or times as the judge may direct and receive
judgment.
(4) Upon consideration of a question reserved under subsection
(1), the Court of Appeal may—
(a) affirm or quash the conviction or order a new trial; and

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Section 81AA Cap. 221

(b) make such other orders as may be necessary to give

effect to its decision:
Provided that the Court of Appeal may, notwithstanding that
it is of opinion that the question so reserved might be decided
in favour of the convicted person, affirm the conviction if it
considers that no miscarriage of justice has actually occurred.
(Replaced 34 of 1972 s. 15)

Division 3—Appeal against Ruling of No Case to Answer

(Division 3 added 21 of 2023 s. 4)

81AA. Interpretation of Division 3

(1) In this Division—
acquittal guarantee (無罪保證)—see section 81AAD;
ruling (判定) includes a decision, determination, direction, finding,
notice, order, refusal, rejection or requirement;
Secretary (司長) means the Secretary for Justice;
specified ruling (指明判定)—see section 81AAC(1);
subject offence (標的罪行)—see section 81AAC(2).
(2) If 2 or more defendants are charged jointly with the same
offence, this Division applies as if the offence, so far as it
relates to each of those defendants, were a separate offence
for each defendant so that a reference in this Division to a
ruling that relates to one or more offences includes a ruling
that relates to one or more of those separate offences.

81AAB. Application of Division 3

This Division does not apply in relation to a case concerning
offences endangering national security tried in the court without a
jury by a panel of 3 judges under Article 46 of the HK National
Security Law.

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Part IV—Division 3 4-8

Section 81AAC Cap. 221

81AAC. Appeal against specified rulings

(1) This section applies if the court makes a ruling during a trial
that a defendant has no case to answer in relation to one or
more offences (specified ruling).
(2) The Secretary may, with the leave of the court or the Court
of Appeal, appeal to the Court of Appeal against the specified
ruling in relation to any of the offences (subject offence).
(3) For the purpose of making an appeal under subsection (2), the
Secretary must do all the acts specified in subsection (4) as
soon as practicable after—
(a) the specified ruling is made; or
(b) if an adjournment is granted by the court under
subsection (6)—the expiry of the period of adjournment.
(4) The acts are—
(a) informing the court that the Secretary intends to appeal
against the specified ruling;
(b) if the specified ruling is made in relation to 2 or more
offences—informing the court which one or more of the
offences are to be the subject offences; and
(c) giving an acquittal guarantee in relation to the appeal.
(5) If the Secretary requires more time to consider whether to
appeal against the specified ruling, the Secretary may, as soon
as practicable after the specified ruling is made, request an
adjournment to do so.
(6) If a request is made by the Secretary under subsection (5),
the court must grant an adjournment until at least the next
business day.
(7) On informing the court of the intention to appeal under
subsection (4)(a), the Secretary may also include another

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Section 81AAD Cap. 221

ruling made by the court as the subject of the appeal if that

other ruling also relates to the subject offence.
(8) In subsection (6)—
business day (工作日) means a day other than a closure day as
defined by section 71(2) of the Interpretation and General
Clauses Ordinance (Cap. 1).

81AAD. Acquittal guarantee

(1) For the purposes of section 81AAC(4)(c), an acquittal
guarantee is given by the Secretary in relation to the appeal
when the Secretary informs the court of the matter specified
in subsection (2).
(2) The matter is that the Secretary agrees that the defendant
charged with the subject offence is to be acquitted of the
offence if—
(a) leave to appeal against the specified ruling is not
granted; or
(b) whether or not leave to appeal against the specified
ruling is granted—the appeal is abandoned by the
Secretary before it is determined by the Court of Appeal.
(3) If either of the conditions of the acquittal guarantee mentioned
in subsection (2)(a) and (b) is met, the court or the Court of
Appeal (as the case requires) must order that the defendant be
acquitted of the subject offence.

81AAE. Specified ruling to have no effect pending appeal

(1) If the Secretary requests an adjournment under section
81AAC(5) to consider whether to appeal against a specified
ruling, the specified ruling is to have no effect until the expiry
of the period of adjournment.

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Part IV—Division 3 4-12

Section 81AAF Cap. 221

(2) If the Secretary informs the court under section 81AAC(4)(a)

that the Secretary intends to appeal against a specified ruling
in relation to a subject offence, the specified ruling is to have
no effect in relation to the subject offence until the appeal
is determined by the Court of Appeal or abandoned by the
Secretary in relation to that offence.
(3) To avoid doubt, if a specified ruling has no effect under this
section—
(a) any consequences of the ruling are also to have no
effect;
(b) the court may not take any steps in consequence of the
ruling; and
(c) even if the court has taken any steps, they are also to
have no effect.

81AAF. Expedited and non-expedited appeals

(1) If the Secretary informs the court under section 81AAC(4)(a)
that the Secretary intends to appeal against a specified ruling,
the court must decide whether or not the appeal is to be
expedited.
(2) If the court decides that the appeal is to be expedited, it may
order an adjournment.
(3) If the court decides that the appeal is not to be expedited, it
may—
(a) order an adjournment; or
(b) discharge the jury of the trial concerned.
(4) The decision of the court to expedite an appeal may be
reversed by the court or the Court of Appeal and, if the
decision is reversed, the court may act as mentioned in
subsection (3)(a) or (b).

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Part IV—Division 3 4-14

Section 81AAG Cap. 221

81AAG. Continuation of proceedings for offences not affected by

appeal
If—
(a) a trial mentioned in section 81AAC(1) is instituted for 2
or more offences; and
(b) one or more of the offences (other offences) are not the
subject offences,
the trial or any proceedings relating to the trial may be continued
in relation to those other offences.

81AAH. Determination of appeal by Court of Appeal

(1) On an appeal under section 81AAC, the Court of Appeal may
confirm, reverse or vary the ruling that is the subject of the
appeal.
(2) However, the Court of Appeal may only reverse or vary a
ruling if it is satisfied that the ruling involved an error of law
or principle.
(3) If the Court of Appeal confirms a specified ruling made in
relation to an offence, it must order that the defendant be
acquitted of that offence.
(4) If the Court of Appeal reverses or varies a specified ruling
made in relation to an offence, it must order that—
(a) the proceedings for that offence be resumed in the court;
(b) the defendant may be retried in the court for that
offence; or
(c) the defendant be acquitted of that offence.
(5) However, the Court of Appeal may not make an order under
subsection (4)(c) unless it considers that the defendant could

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Part IV—Division 3 4-16

Section 81AAI Cap. 221

not receive a fair trial if an order is made under subsection

(4)(a) or (b).
(6) The Court of Appeal may also give all such necessary and
consequential directions as it considers appropriate.

81AAI. Restrictions on reports of proceedings relating to appeals under

this Division
(1) This section applies if the court makes a specified ruling in
relation to a defendant during a trial.
(2) Subject to subsections (3) and (4), a person must not publish
in Hong Kong a written report, or broadcast in Hong Kong a
report, of—
(a) any steps taken under section 81AAC, 81AAD, 81AAF
or 81AAH for the purpose of an appeal under section
81AAC against the specified ruling;
(b) the application of section 81AAE in relation to the
specified ruling;
(c) an appeal under section 81AAC against the specified
ruling;
(d) an appeal under section 31 of the Hong Kong Court
of Final Appeal Ordinance (Cap. 484) against an order
made by the Court of Appeal under section 81AAH(3)
or (4) in relation to the specified ruling;
(e) an application for leave to appeal for an appeal
mentioned in paragraph (c) or (d); or
(f) any order or direction made by the court, the Court
of Appeal or the Court of Final Appeal in relation
to an appeal mentioned in paragraph (c) or (d) or an
application for leave to appeal mentioned in paragraph
(e).

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Section 81AAI Cap. 221

(3) Subsection (2) does not apply if the report is published or

broadcast after the conclusion of the trial, or any retrial
ordered under section 81AAH(4)(b), of the defendant or any
other defendant in the trial (whichever is the latest).
(4) Subsection (2) does not apply to a report that only contains
one or more of the following matters—
(a) the identity of the court and the name of the judge;
(b) the names of the defendant and witness;
(c) the offence with which the defendant is charged;
(d) the names of counsel and solicitor in the proceedings;
(e) if the proceedings are adjourned—the date and place to
which they are adjourned;
(f) any arrangements as to bail;
(g) whether, for the purpose of the proceedings,
representation was provided to the defendant or any of
the defendants under the Legal Aid in Criminal Cases
Rules (Cap. 221 sub. leg. D).
(5) If a report is published or broadcast in contravention of
subsection (2), each of the following persons commits an
offence—
(a) for a publication of a written report as part of a
newspaper or periodical publication—the proprietor,
editor, publisher or distributor of the newspaper or
publication;
(b) for a publication of a written report otherwise than
as part of a newspaper or periodical publication—the
person who publishes or distributes it;
(c) for a broadcast of a report in a programme—
(i) the person who transmits or provides the
programme; or

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Section 81AAJ Cap. 221

(ii) the person who has functions in relation to the

programme that correspond to those of the editor
of a newspaper or periodical publication.
(6) A person who commits an offence under subsection (5) is
liable on conviction to a fine at level 5 and to imprisonment
for 6 months.
(7) Proceedings for an offence under this section must not be
instituted without the consent of the Secretary.
(8) In this section—
broadcast (廣播) means sounds or visual images broadcast
by wireless telegraphy, or by means of a high frequency
distribution system over wires, or other paths provided by a
material substance and intended for general reception;
publish (發布), in relation to a report, means publish the report,
either by itself or as part of a newspaper or periodical
publication, for distribution to the public.

81AAJ. Court may relax restrictions on reports

(1) The court, the Court of Appeal or the Court of Final Appeal
may order that section 81AAI(2) is not to apply, or is not to
apply to a specified extent, to a report of any proceedings
before it.
(2) If the court, the Court of Appeal or the Court of Final Appeal
intends to make an order under subsection (1), the defendant
in the proceedings concerned may make an objection against
the making of the order.
(3) If a defendant makes an objection under subsection (2), the
court, the Court of Appeal or the Court of Final Appeal (as
the case requires) may only make the order if it is satisfied,
after considering the representations of the defendant, that it
is in the interests of justice to do so.

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Part IV—Division 4 4-22

Section 81A Cap. 221

(4) If an order is made under subsection (3), the order is not

to apply to the extent that a report deals with any of the
objections or representations.

Division 4—Review of Sentence on the Application of the

Secretary for Justice
(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

81A. Application by Secretary for Justice for review of sentence

(1) The Secretary for Justice may, with the leave of the Court of
Appeal, apply to the Court of Appeal for the review of any
sentence (other than a sentence which is fixed by law) passed
by any court, other than the Court of Appeal, on the grounds
that the sentence is not authorized by law, is wrong in
principle or is manifestly excessive or manifestly inadequate.
(Amended L.N. 362 of 1997)
(2) An application under subsection (1) shall—
(a) be in writing signed by the Secretary for Justice;
(Amended L.N. 362 of 1997)
(b) be accompanied by the documents, or copies of the
documents, specified in subsection (2A);
(c) be filed with the Registrar within 21 days, or within
such further time as the Court of Appeal may allow,
after the date on which the sentence was passed or any
proceedings for the review, under section 104 of the
Magistrates Ordinance (Cap. 227), of the sentence or of
the conviction on which the sentence was passed, were
withdrawn or disposed of. (Amended 20 of 1979 s. 4)
(2A) The following documents are specified for the purpose of
subsection (2)(b)—

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Section 81A Cap. 221

(a) in the case of a sentence passed by a magistrate, a

statement of the facts found by him or admitted before
him and of the reasons for the sentence;
(b) in the case of a sentence passed by a District Judge, the
statement of the reasons for the verdict placed on record
in accordance with section 80 of the District Court
Ordinance (Cap. 336) and a statement of the reasons for
the sentence;
(c) in the case of a sentence passed by a judge of the High
Court, the record of the whole of the proceedings before
him other than the evidence given in any trial that took
place in those proceedings; (Amended 25 of 1998 s. 2)
(d) in any case, any report concerning the respondent which
was before the court which passed the sentence. (Added
20 of 1979 s. 4)
(2B) The documents, or copies of the documents, specified in
subsection (2A) shall be delivered to the Secretary for Justice
within 7 days of a request therefor being made in writing to
the magistrate or District Judge who passed the sentence or, if
the sentence was passed by a judge of the High Court, to the
Registrar. (Added 20 of 1979 s. 4. Amended L.N. 362 of 1997;
25 of 1998 s. 2)
(3) The Court of Appeal may order a respondent to be detained in
custody until an order has been made under section 81B(1).
(4) The Court of Appeal may, if it seems fit, on the application
of a respondent, admit the respondent to bail pending the
hearing of the application.
(5) The Court of Appeal may, if it refuses an application,
award against the Secretary for Justice such amount of
costs as it may determine, save that the amount shall not,
if the respondent is legally aided, exceed the total of the

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Section 81B Cap. 221

contributions which he is liable to make. (Amended L.N. 362

of 1997)
(6) In this section and sections 81B and 81C—
respondent (答辯人) means a person on whom a sentence has been
passed.
(Added 18 of 1972 s. 2. Amended 20 of 1979 s. 4)
[cf. N.Z. Crimes Act 1961 s. 383]

81B. Review of sentence by Court of Appeal

(1) Upon the hearing of the application the Court of Appeal may,
by order—
(a) if it thinks that the sentence was not authorized by law,
was wrong in principle or was manifestly excessive or
manifestly inadequate, quash the sentence passed by the
court and pass such other sentence (whether more or
less severe) warranted in law in substitution therefor as
it thinks ought to have been passed;
(b) in any other case, refuse to alter the sentence.
(2) The Secretary for Justice and the respondent shall have the
right to be heard on the hearing of the review of a sentence.
(Amended L.N. 362 of 1997)
(2A) The Court of Appeal may hear and determine an application
for the review of a sentence notwithstanding that the
respondent is not present, if the respondent has been served
with an application or notice of it. (Added 20 of 1979 s. 5)
(3) For the purposes of this section the Court of Appeal may
exercise any of the powers conferred by section 83V.
(Added 18 of 1972 s. 2. Amended 34 of 1972 s. 16)

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

section 81B

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Part IV—Division 5 4-28

Section 81D Cap. 221

(1) The Court of Appeal shall not review a sentence under section
81B if the respondent has—
(a) appealed against the conviction in respect of which
the sentence was passed, unless the appeal has been
withdrawn or disposed of; (Replaced 20 of 1979 s. 6)
(b) applied under section 104 of the Magistrates Ordinance
(Cap. 227) to a magistrate to review his decision, unless
the application has been withdrawn or disposed of; or
(c) applied under section 105 of the Magistrates Ordinance
(Cap. 227) to a magistrate to state a case, unless the
application has been withdrawn or disposed of.
(2) Nothing in section 81B shall prejudice the exercise of a right
of appeal conferred on a convicted person by this or any
other Ordinance, but the Court of Appeal may hear together
an application for the review of a sentence and an appeal by
the respondent under this Part against the sentence. (Amended
20 of 1979 s. 6)
(Added 18 of 1972 s. 2. Amended 34 of 1972 s. 17; 40 of 1978 s. 2)

Division 5—Reference of Question of Law

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

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

acquittal
(1) Where a person tried on indictment has been acquitted
(whether in respect of the whole or part of the indictment)
the Secretary for Justice may, if he desires the opinion of the
Court of Appeal on a question of law which has arisen in the
case, refer that question to the Court of Appeal which shall,

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Part IV—Division 6 4-30

Cap. 221

in accordance with this section, consider the point and give

its opinion on it. (Amended L.N. 362 of 1997)
(2) For the purpose of its consideration of a question referred
to them under this section the Court of Appeal shall hear
argument—
(a) by, or by counsel on behalf of, the Secretary for Justice;
(Amended L.N. 362 of 1997)
(b) if the acquitted person desires to present any argument,
by counsel on his behalf or, with the leave of the Court
of Appeal, by the acquitted person himself; and
(c) if the Court of Appeal so directs, by counsel appointed
as amicus curiae by the Registrar.
(3) Where, on a question being referred to the Court of Appeal
under this section, the acquitted person appears by counsel
for the purpose of presenting any argument to the Court of
Appeal, he shall be entitled to his costs, that is to say to
the payment out of the general revenue of such sums as are
reasonably sufficient to compensate him for any expenses
properly incurred by him for the purpose of being represented
on the reference; and any amount recoverable under this
subsection shall be ascertained as soon as practicable by the
Registrar.
(4) A reference under this section shall not affect the trial in
relation to which the reference is made or any acquittal in
that trial.
(Added 20 of 1979 s. 7)
[cf. 1972 c. 71 s. 36 U.K.]

Division 6—Appeal by Way of Case Stated

(Division 6 added 21 of 2023 s. 5)

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Part IV—Division 6 4-32

Section 81DA Cap. 221

81DA. Appeal by way of case stated against verdict of acquittal given

by the court without jury
(1) This section applies if—
(a) the court tries a case concerning offences endangering
national security without a jury by a panel of 3 judges
under Article 46 of the HK National Security Law; and
(b) the court gives a verdict or order of acquittal (including
an order quashing or dismissing a charge for an alleged
defect in the charge or for want of jurisdiction) in
relation to a defendant in the case.
(2) The Secretary for Justice (Secretary) may appeal to the Court
of Appeal against the verdict or order.
(3) The appeal may only relate to matters of law.
(4) For the purpose of making an appeal under subsection (2),
the Secretary must make an application in writing to the court
requesting the court to state a case for the opinion of the
Court of Appeal.
(5) An application under subsection (4) may only be made before
the expiry of the following period—
(a) within 14 clear days after the reasons for the verdict or
order have been recorded; or
(b) if the Court of Appeal extends the period mentioned in
paragraph (a) before or after the expiry of the period—
within the extended period.
(6) If the Secretary makes an application under subsection (4)
before the expiry of the period specified in subsection (5), the
court must state the case.
(7) A case stated under subsection (6) must set out—

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Section 81DB Cap. 221

(a) the facts and the grounds on which the verdict or order
was arrived at or given; and
(b) the grounds on which the verdict or order is questioned.
(8) Sections 106, 107, 108, 109 and 115 of the Magistrates
Ordinance (Cap. 227) (applicable provisions) apply, with
necessary modifications, to the preparation and amendment of
the case stated and the setting down of the appeal.
(9) Without limiting subsection (8), the applicable provisions
apply with the following modifications—
(a) a reference to “magistrate” in the applicable provisions
is a reference to the court; and
(b) a reference to “judge” in the applicable provisions is a
reference to the Court of Appeal.

81DB. Defendant may be detained in custody or admitted to bail

immediately after verdict of acquittal
(1) If, immediately after the court gives a verdict or order
mentioned in section 81DA(1)(b) in relation to a defendant,
the Secretary for Justice informs the court that the Secretary
intends to appeal against the verdict or order under section
81DA(2), the court may—
(a) on the application of the Secretary, order that the
defendant be detained in custody pending the
determination of the appeal by the Court of Appeal; or
(b) admit the defendant to bail.
(2) To avoid doubt, subsection (1) is subject to Article 42 of the
HK National Security Law.

81DC. Court of Appeal may issue warrant for arrest of respondent

(1) If the Secretary for Justice makes an application under section
81DA(4) for the purpose of making an appeal under section

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Part IV—Division 7 4-36

Cap. 221

81DA(2), the Court of Appeal may, on application made by

the Secretary in chambers, issue a warrant addressed to police
officers directing that the respondent of the appeal be arrested
and brought before the Court of Appeal.
(2) If the respondent is arrested under subsection (1), the Court
of Appeal may—
(a) order that the respondent be detained in custody pending
the determination of the appeal by the Court of Appeal;
or
(b) admit the respondent to bail.
(3) To avoid doubt, subsection (2) is subject to Article 42 of the
HK National Security Law.

81DD. Determination of appeal by Court of Appeal

(1) On an appeal against a verdict or order under section 81DA,
whether or not the respondent of the appeal appears at the
hearing of the appeal, the Court of Appeal—
(a) if it is satisfied that there is no sufficient ground for
interfering with the verdict or order—must dismiss the
appeal; or
(b) if it is satisfied that there are sufficient grounds for
interfering with the verdict or order—must reverse the
verdict or order, and direct that—
(i) the trial in which the verdict or order is given in
relation to the respondent be resumed in the court;
or
(ii) the respondent be retried in the court.
(2) The Court of Appeal may also give all such necessary and
consequential directions as it considers appropriate.

Division 7—Appeal against Discharge

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Part IV—Division 7 4-38

Section 81E Cap. 221

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

81E. Appeal to Court of Appeal following discharge

(1) Where any person has been discharged under section 16 or
79G or under section 22 of the Complex Commercial Crimes
Ordinance (Cap. 394), the Secretary for Justice may appeal to
the Court of Appeal against that person’s discharge. (Amended
57 of 1988 s. 32; 69 of 1995 s. 4; L.N. 362 of 1997)
(2) The appeal may be—
(a) on any ground which involves a question of law;
(b) on the ground that the documents and evidence before
the court were sufficient to establish a prima facie case
against the accused for the offence set out in the charge
or for any other offence for which he might be convicted
upon that charge.
(3) The Court of Appeal may, if it allows an appeal under this
section, quash the acquittal of the accused and order him to
be tried.
(4) The Court of Appeal may, in ordering a trial, make such
orders as appear to it to be necessary for the custody, or
admission to bail, of the person ordered to be tried.
(5) The provisions of section 81D(2) and (3) shall apply to
an appeal under this section as they do to an appeal under
section 81D(1).
(Added 48 of 1983 s. 4)

81F. Appeal to Court of Appeal against order quashing indictment

(1) Where the court quashes an indictment, the Secretary for
Justice may appeal to the Court of Appeal against the order

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Part IV—Division 8 4-40

Cap. 221

quashing the indictment. (Amended L.N. 362 of 1997)

(2) The appeal may be made only on a ground which involves a
question of law.
(3) The Court of Appeal may, if it allows an appeal under this
section, set aside the order and order the accused to be tried.
(4) The Court of Appeal may, in ordering a trial, make such
orders as appear to it to be necessary for the detention, or
admission to bail, of the person ordered to be tried for so long
as the trial is pending.
(5) The provisions of section 81D(2) shall apply to an appeal
under this section as they do to an appeal under section
81D(1).
(6) (a) In an appeal under this section, the Court of Appeal may
order the payment out of the public revenue of—
(i) the costs of the accused; or
(ii) any part of the costs of the accused as the Court of
Appeal may think fit.
(b) The costs of the accused payable under paragraph (a)(i)
shall be such sums as appear to the Court of Appeal
reasonably sufficient to compensate the accused for
any expenses properly incurred by him in the appeal,
including any proceedings preliminary or incidental
thereto or in the court of trial or before a magistrate.
(c) The amount of the costs of the accused payable under
paragraph (a)(i) shall, except where the amount is fixed
by the Court of Appeal, be ascertained by the Registrar.
(Added 68 of 1995 s. 9)

Division 8—Appeal against Conviction on Indictment

(Added 21 of 2023 s. 2)

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Part IV—Division 8 4-42

Section 82 Cap. 221

(Cross-heading repealed 21 of 2023 s. 2)

82. Right of appeal

(1) A person convicted of an offence on indictment may appeal
to the Court of Appeal against his conviction.
(2) The appeal may be—
(a) on any ground which involves a question of law alone;
and
(b) with the leave of the Court of Appeal, on any ground
which involves a question of fact alone, or a question
of mixed law and fact, or on any other ground which
appears to the Court of Appeal to be a sufficient ground
of appeal;
but if the judge of the court of trial grants a certificate that the
case is fit for appeal on a ground which involves a question
of fact, or a question of mixed law and fact, an appeal lies
under this section without the leave of the Court of Appeal.
(Replaced 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 1 U.K.]

83. Grounds for allowing appeal under section 82

(1) Except as provided by this Ordinance, the Court of Appeal
shall allow an appeal against conviction if it thinks—
(a) that the conviction should be set aside on the ground
that under all the circumstances of the case it is unsafe
or unsatisfactory; or (Amended 50 of 1981 s. 3)
(b) that the judgment of the court of trial should be set aside
on the ground of a wrong decision on any question of
law; or

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Section 83A Cap. 221

(c) that there was a material irregularity in the course of the

trial,
and in any other case shall dismiss the appeal:
Provided that the Court of Appeal may, notwithstanding that
it is of opinion that the point raised in the appeal might be
decided in favour of the appellant, dismiss the appeal if it
considers that no miscarriage of justice has actually occurred.
(2) In the case of an appeal against conviction the Court of
Appeal shall, if it allows the appeal, quash the conviction.
(3) An order of the Court of Appeal quashing a conviction shall,
except when under section 83E the appellant is ordered to
be retried, operate as a direction to the court of trial to enter,
instead of the record of conviction, a judgment and verdict of
acquittal.
(Replaced 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 2 U.K.]

83A. Power to substitute conviction of alternative offence

(1) This section applies on an appeal against conviction, where
the appellant has been convicted of an offence and the jury
could on the indictment have found him guilty of some other
offence, and on the finding of the jury it appears to the Court
of Appeal that the jury must have been satisfied of facts
which proved him guilty of the other offence.
(2) The Court of Appeal may, instead of allowing or dismissing
the appeal, substitute for the verdict found by the jury a
verdict of guilty of the other offence, and pass such sentence
in substitution for the sentence passed at the trial as may be
authorized by law for the other offence, not being a sentence
of greater severity.
(Added 34 of 1972 s. 18)

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Part IV—Division 8 4-46

Section 83B Cap. 221

[cf. 1968 c. 19 s. 3 U.K.]

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

(1) This section applies where on an appeal against conviction
on an indictment containing 2 or more counts, the Court of
Appeal allows the appeal in respect of part of the indictment.
(2) The Court of Appeal may in respect of any count on which
the appellant remains convicted pass such sentence, in
substitution for any sentence passed thereon at the trial, as
it thinks proper and is authorized by law for the offence of
which he remains convicted on that count.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s . 4 (1) & (2) U.K. ]

83C. Disposal of appeal against conviction on special verdict

(1) This section applies on an appeal against conviction by a
person in whose case the jury has found a special verdict.
(2) If the Court of Appeal considers that a wrong conclusion
has been arrived at by the court of trial on the effect of the
jury’s verdict it may, instead of allowing the appeal, order
such conclusion to be recorded as appears to it to be in law
required by the verdict, and pass such sentence in substitution
for the sentence passed at the trial as may be authorized by
law.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 5 U.K.]

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

(1) Where, on an appeal against conviction, the Court of Appeal
is of opinion—

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Part IV—Division 9 4-48

Cap. 221

(a) that the proper verdict would have been one of not
guilty by reason of insanity; or
(b) that the case is not one where there should have been
a verdict of acquittal, but that there should have been a
finding that the accused person was under disability,
the Court of Appeal shall make an order that the appellant be
admitted to the Correctional Services Department Psychiatric
Centre or such mental hospital as may be specified by the
Chief Executive. (Amended 37 of 1973 s. 7; 39 of 1999 s. 3)
(2) Schedule 5 shall apply with respect to the consequences and
effect of an order made by the Court of Appeal under this
section. (Amended 58 of 1994 s. 4)
(3) On making an order under this section in the case of any
person, the Court of Appeal may give such directions as
it thinks fit for his conveyance to a place of safety and his
detention there pending his admission to the Correctional
Services Department Psychiatric Centre or the mental hospital
within the relevant period specified by Schedule 5. (Amended
37 of 1973 s. 7; 58 of 1994 s. 4)
(4) In section 52 of the Mental Health Ordinance (Cap. 136)
(which relates to the removal to a mental hospital of
persons serving sentences of imprisonment and is applied
by subsection (5) of the section to other forms of detention)
references to a person serving a sentence of imprisonment
shall be construed as not including references to a person
subject to an order of the Court of Appeal under this section.
(Added 34 of 1972 s. 18)
[cf. 1968 c . 19 s. 6 U.K.]

Division 9—Retrial
(Added 21 of 2023 s. 2)

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Part IV—Division 9 4-50

Section 83E Cap. 221

(Cross-heading repealed 21 of 2023 s. 2)

83E. Power to order retrial

(1) Where the Court of Appeal allows an appeal against
conviction and it appears to the Court of Appeal that the
interests of justice so require, it may order the appellant to be
retried.
(2) A person shall not under this section be ordered to be retried
for any offence other than—
(a) the offence of which he was convicted at the original
trial and in respect of which his appeal is allowed as
mentioned in subsection (1);
(b) an offence of which he could have been convicted at the
original trial on an indictment for the first-mentioned
offence; or
(c) an offence charged in an alternative count of the
indictment in respect of which the jury were discharged
from giving a verdict in consequence of convicting him
of the first-mentioned offence.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 7 U.K.)

83F. Supplementary provisions as to retrial

(1) A person who is to be retried for an offence in pursuance
of an order under section 83E shall be tried on a fresh
indictment preferred by direction of the Court of Appeal, and
shall be tried before such court as the Court of Appeal may
direct (being the Court of First Instance or, if the offence
is within the jurisdiction of the District Court, the District
Court) or, if no such direction is given, before the court by
which he was originally tried. (Amended 25 of 1998 s. 2)

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Part IV—Division 10 4-52

Section 83G Cap. 221

(2) The Court of Appeal may, on ordering a retrial, make such

orders as appear to it to be necessary or expedient—
(a) for the custody or admission to bail of the person
ordered to be retried pending his retrial; or
(b) for the retention pending retrial of any property or
money forfeited, restored or paid by virtue of the
original conviction or any order made on that conviction.
(3) If the person ordered to be retried was, immediately before
the determination of his appeal, liable to be detained in
pursuance of an order under Part IV of the Mental Health
Ordinance (Cap. 136)—
(a) that order shall continue in force pending the retrial as if
the appeal had not been allowed; and
(b) any order made by the Court of Appeal under this
section for his custody or admission to bail shall have
effect subject to the said order.
(4) Schedule 6 shall have effect with respect to the procedure in
the case of a person ordered to be retried and the sentence
which may be passed if the retrial results in his conviction.
(Amended 58 of 1994 s. 4)
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 8 U.K.]

Division 10—Appeal against Sentence

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

83G. Appeal against sentence following conviction on indictment

A person who has been convicted of an offence on indictment
may appeal to the Court of Appeal against any sentence (not being

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Part IV—Division 10 4-54

Section 83H Cap. 221

a sentence fixed by law) passed on him for the offence, whether

passed on his conviction or in subsequent proceedings.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 9 U.K.]

83H. Appeal against sentence in other cases dealt with at the Court
of First Instance
(1) This section has effect for providing rights of appeal against
sentence when a person is dealt with by the Court of First
Instance (otherwise than on appeal from a magistrate) for
an offence of which he was not convicted on indictment.
(Amended 25 of 1998 s. 2)
(2) The proceedings from which an appeal against sentence lies
under this section are those where an offender—
(a) is committed by a magistrate under section 81B(3) of
the Magistrates Ordinance (Cap. 227); or
(b) having been made the subject of a probation order or
an order for conditional discharge or given a suspended
sentence, appears or is brought before the court to be
further dealt with for his offence.
(3) An offender dealt with for an offence in the Court of First
Instance in a proceeding to which subsection (2) applies
may appeal to the Court of Appeal in any of the following
cases—  (Amended 25 of 1998 s. 2)
(a) where either for that offence alone or for that offence
and other offences for which sentence is passed in the
same proceeding, he is sentenced to imprisonment for a
term of 6 months or more; or
(b) where the sentence is one which the court convicting
him had not power to pass; or

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Part IV—Division 10 4-56

Section 83I Cap. 221

(c) where the court in dealing with him for the offence
makes in respect of him—
(i) a recommendation for deportation; or
(ii) an order disqualifying him from holding or
obtaining a driving licence to drive a motor
vehicle under Part 8 of the Road Traffic Ordinance
(Cap. 374); or (Amended 75 of 1982 s. 114)
(iii) an order under section 109C.
(4) For the purposes of subsection (3)(a), any 2 or more sentences
are to be treated as passed in the same proceeding if—
(a) they are passed on the same day; or
(b) they are passed on different days but the court in
passing any one of them states that it is treating that one
together with the other or others as substantially one
sentence,
and consecutive terms of imprisonment and terms which are
wholly or partly concurrent are to be treated as a single term.
(Added 34 of 1972 s. 18. Amended E.R. 2 of 2012)
[cf. 1968 c. 19 s. 10 U.K.]

83I. Supplementary provisions as to appeal against sentence

(1) An appeal against sentence, whether under section 83G or
83H, lies only with the leave of the Court of Appeal.
(2) Where the court, in dealing with an offender on his conviction
on indictment, or in a proceeding to which section 83H(2)
applies, has passed on him 2 or more sentences in the same
proceeding (which expression has the same meaning in this
subsection as it has for the purposes of section 83H), being
sentences against which an appeal lies under section 83G

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Part IV—Division 11 4-58

Cap. 221

or 83H, an appeal or application for leave to appeal against

any one of those sentences shall be treated as an appeal or
application in respect of both or all of them.
(3) On an appeal against sentence the Court of Appeal, if it
considers that the appellant should be sentenced differently
for an offence for which he was dealt with by the court below,
may—
(a) quash any sentence or order which is the subject of the
appeal; and
(b) in place of it pass such sentence or make such order as
it thinks appropriate for the case (whether more or less
severe) and as the court below had power to pass or
make when dealing with him for the offence.
(4) The power of the Court of Appeal under subsection (3) to
pass a sentence which the court below had power to pass for
an offence shall, notwithstanding that the court below made
no order under section 109C(1) in respect of a suspended
sentence previously passed on the appellant for another
offence, include power to deal with him in respect of that
suspended sentence where the court below—
(a) could have so dealt with him if it had not passed on him
a sentence of detention in a training centre quashed by
the Court of Appeal under subsection (3)(a); or
(b) did so deal with him in accordance with section
109C(1)(d) by making no order in respect of the
suspended sentence.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 11 U.K.]

Division 11—Appeal in Cases of Insanity

(Added 21 of 2023 s. 2)

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Part IV—Division 11 4-60

Section 83J Cap. 221

(Cross-heading repealed 21 of 2023 s. 2)

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

A person in whose case there is returned a verdict of not guilty by
reason of insanity may appeal to the Court of Appeal against the
verdict—
(a) on any ground of appeal which involves a question of
law alone; and
(b) with the leave of the Court of Appeal, on any ground
which involves a question of fact alone, or question
of mixed law and fact, or on any other ground which
appears to the Court of Appeal to be a sufficient ground
of appeal,
but if the judge of the court of trial grants a certificate that the case
is fit for appeal on a ground which involves a question of fact, or
a question of mixed law and fact, an appeal lies under this section
without the leave of the Court of Appeal.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 12 U.K.]

83K. Disposal of appeal under section 83J

(1) Subject to the provisions of this section, the Court of Appeal
shall allow an appeal under section 83J if it is of opinion—
(a) that the verdict should be set aside on the ground that
under all the circumstances of the case it is unsafe or
unsatisfactory; or
(b) that the order of the court giving effect to the verdict
should be set aside on the ground of a wrong decision
of any question of law; or

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Part IV—Division 11 4-62

Section 83K Cap. 221

(c) that there was a material irregularity in the course of the

trial,
and in any other case shall dismiss the appeal.
(2) The Court of Appeal may dismiss an appeal under section
83J if of opinion that, notwithstanding that the point raised
in the appeal might be decided in favour of the appellant, no
miscarriage of justice has actually occurred.
(3) Where apart from this subsection—
(a) an appeal under section 83J would fall to be allowed;
and
(b) none of the grounds for allowing it relates to the
question of the insanity of the accused person,
the Court of Appeal may dismiss the appeal if it is of opinion
that, but for the insanity of the accused person, the proper
verdict would have been that he was guilty of an offence
other than the offence charged.
(4) Where an appeal under section 83J is allowed, the following
provisions apply—
(a) if the ground, or one of the grounds, for allowing the
appeal is that the finding of the jury as to the insanity
of the accused person ought not to stand and the Court
of Appeal is of opinion that the proper verdict would
have been that he was guilty of an offence (whether the
offence charged or any other offence of which the jury
could have found him guilty), the Court of Appeal—
(i) shall substitute for the verdict of not guilty by
reason of insanity a verdict of guilty of that
offence; and
(ii) shall have the like powers of punishing or
otherwise dealing with the appellant, and other

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Part IV—Division 11 4-64

Section 83L Cap. 221

powers, as the court of trial would have had if the

jury had come to the substituted verdict; and
(b) in any other case, the Court of Appeal shall substitute
for the verdict of the jury a verdict of acquittal.
(5) An order of the Court of Appeal allowing an appeal in
accordance with this section shall operate as a direction to the
court of trial to amend the record to conform with the order.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 13 U.K.]

83L. Hospital order on disposal of appeal

(1) Where, on an appeal under section 83J, the Court of Appeal
is of opinion that the case is not one where there should have
been a verdict of acquittal but that there should have been a
finding that the accused person was under disability, the Court
of Appeal shall make an order that the appellant be admitted
to the Correctional Services Department Psychiatric Centre
or such mental hospital as may be specified by the Chief
Executive. (Amended 37 of 1973 s. 7; 39 of 1999 s. 3)
(2) Where in accordance with section 83K(4)(b) the Court of
Appeal substitutes a verdict of acquittal, and it is of opinion—
(a) that the appellant is suffering from mental disorder
of a nature or degree which warrants his detention in
a mental hospital under observation (with or without
medical treatment) for at least a limited period; and
(b) that he ought to be so detained in the interests of his
own health or safety or with a view to the protection of
other persons,
the Court of Appeal shall make an order that the appellant be
admitted for observation to such mental hospital as may be
specified by the Chief Executive. (Amended 39 of 1999 s. 3)

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Part IV—Division 12 4-66

Section 83M Cap. 221

(3) Schedule 5 shall apply with respect to the consequences and

effect of an order made by the Court of Appeal under this
section. (Amended 58 of 1994 s. 4)
(4) On making an order under this section in the case of any
person, the Court of Appeal may give such directions as
it thinks fit for his conveyance to a place of safety and his
detention there pending his admission to the Correctional
Services Department Psychiatric Centre or a mental hospital
within the relevant period specified in Schedule 5. (Amended
37 of 1973 s. 7; 58 of 1994 s. 4)
(5) In section 52 of the Mental Health Ordinance (Cap. 136)
(which relates to the removal to a mental hospital of persons
serving sentences of imprisonment and is applied by
subsection (5) of that section also to persons in other forms
of detention) references to a person serving a sentence of
imprisonment shall be construed as not including references
to a person subject to an order of the Court of Appeal under
subsection (1).
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 14 U.K.]

Division 12—Unfitness to Stand Trial

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

83M. Right of appeal against finding of disability

(1) Where there has been a determination under section 75 of
the question of a person’s fitness to be tried, and the jury has
returned a finding that he is under disability, the person may
appeal to the Court of Appeal against the finding.
(2) An appeal under this section may be—

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Section 83N Cap. 221

(a) on any ground of appeal which involves a question of

law alone; and
(b) with the leave of the Court of Appeal, on any ground
which involves a question of fact alone, or a question
of mixed law and fact, or on any other ground which
appears to the Court of Appeal to be a sufficient ground
of appeal,
but if the judge of the court of trial grants a certificate that the
case is fit for appeal on a ground which involves a question
of fact, or a question of mixed law and fact, an appeal lies
under this section without the leave of the Court of Appeal.
(3) Subject to subsection (4), section 75(6) and (7) shall apply to
this section as it applies to section 75. (Added 37 of 1996 s. 6)
(4) Without prejudice to the operation of sections 105 and 113
of the Magistrates Ordinance (Cap. 227), this section shall
not apply to a determination under section 75 made by a
magistrate. (Added 37 of 1996 s. 6)
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 15 U.K.]

83N. Disposal of appeal under section 83M

(1) The Court of Appeal shall allow an appeal under section 83M
if it is of opinion—
(a) that the finding of the court of trial should be set aside
on the ground that under all the circumstances of the
case it is unsafe or unsatisfactory; or
(b) that the order of the court giving effect to the finding
should be set aside on the ground of a wrong decision
of any question of law; or
(c) that there was a material irregularity in the course of the
determination of the question of fitness to be tried,

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Cap. 221

and in any other case (except one to which subsection (2)

of this section applies) shall dismiss the appeal; but it may
dismiss the appeal if of opinion that, notwithstanding that the
point raised in the appeal might be decided in favour of the
appellant, no miscarriage of justice has actually occurred.
(2) An appeal under section 83M may, in a case where
the question of fitness to be tried was determined later
than on arraignment, be allowed by the Court of Appeal
(notwithstanding that the finding was properly come to)
if the Court of Appeal is of opinion that the case is one in
which the accused person should have been acquitted before
the question of fitness to be tried was considered; and, if an
appeal is allowed under this subsection, the Court of Appeal
shall, in addition to quashing the finding, direct a verdict of
acquittal to be recorded (but not a verdict of not guilty by
reason of insanity).
(3) Subject to subsection (2) of this section, where an appeal
under section 83M is allowed, the appellant may be tried
accordingly for the offence with which he was charged,
and the Court of Appeal may make such orders as appear
to it to be necessary or expedient pending any such trial for
his custody, admission to bail or continued detention under
the Mental Health Ordinance (Cap. 136); and Schedule 7
shall have effect for applying provisions in Part IV of that
Ordinance to persons in whose case an order is made by the
Court of Appeal under this subsection. (Amended 58 of 1994
s. 4)
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 16 U.K.]

Division 13—Further Provisions Relating to Appeals and

Questions of Law Reserved

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Part IV—Division 14 4-72

Section 83P Cap. 221

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

83O. Prohibition of staying or reversal of judgment or allowing

appeal on specified grounds
Except where, in the opinion of the Court of Appeal, a miscarriage
of justice has actually occurred, no judgment shall be stayed or
reversed under section 81 and no appeal shall be allowed under
section 83, 83K or 83N—
(a) on the ground of any defect which, if pointed out before
the jury were empanelled or during the progress of the
trial, might have been amended by the court of trial; or
(b) because of any error committed in summoning or
swearing a juror; or
(c) because of any objection which might have been stated
as a ground of challenge of a juror; or
(d) because of any informality in the swearing of a witness.
(Added 34 of 1972 s. 18)

Division 14—Review by Court of Appeal of Cases Tried on

Indictment
(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

83P. Reference by Chief Executive

(1) Where a person has been convicted on indictment or been
tried on indictment and found not guilty by reason of insanity,
or been found by a jury to be under disability, the Chief
Executive may, if he thinks fit, at any time either—

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Section 83Q Cap. 221

(a) refer the whole case to the Court of Appeal and the case
shall then be treated for all purposes as an appeal to the
Court of Appeal by that person; or
(b) if he desires the assistance of the Court of Appeal on
any point arising in the case, refer that point to the
Court of Appeal for its opinion thereon, and the Court of
Appeal shall consider the point so referred and furnish
the Chief Executive with its opinion thereon accordingly.
(2) A reference by the Chief Executive under this section may be
made by him either on an application by the person referred
to in subsection (1), or without any such application.
(3) For the avoidance of doubt, it is hereby declared that this
section also applies in a case where an appeal has been heard
and determined by the Court of Final Appeal. (Added 79 of
1995 s. 50)
(Added 34 of 1972 s. 18. Amended 39 of 1999 s. 3)
[cf. 1968 c. 19 s. 17 U.K.]

Division 15—Procedure from Notice of Appeal to Hearing

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

83Q. Initiating procedure

(1) A person who wishes to appeal under this Part to the Court
of Appeal, or to obtain the leave of that Court to appeal,
shall give notice of appeal or, as the case may be, notice of
application for leave to appeal, in such manner as may be
provided by rules and orders made under section 9.
(2) Notice of appeal, or of application for leave to appeal, shall
be given within 28 days from the date of the conviction,
verdict or finding appealed against, or, in the case of appeal

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Section 83Q Cap. 221

against sentence, from the date on which sentence was

passed, or, in the case of an order made or treated as made on
conviction, from the date of the making of the order:
Provided that, where sentence was passed more than 7
days after the date of conviction, verdict or finding, notice
of appeal, or of application for leave to appeal, against the
conviction, verdict or finding may be given within 28 days
from the date on which sentence was passed.
(3) The time for giving notice under this section may be
extended, either before or after it expires, by the Court of
Appeal.
(4)-(5) (Repealed 24 of 1993 s. 11)
(6) (a) Where a protected prisoner of war or protected internee
has been sentenced to imprisonment for a term of 2
years or more, the time within which he must give
notice of appeal or of an application for leave to appeal
shall, notwithstanding the provisions of subsection (1),
be the period from the date of his conviction or, in the
case of an appeal against sentence, of his sentence to
the expiration of 10 days after the date on which he
received a notice given—  (Amended 24 of 1993 s. 11)
(i) in the case of a protected prisoner of war, by an
officer of Her Majesty’s forces;
(ii) in the case of a protected internee, by or on behalf
of the Commissioner of Correctional Services,
that the protecting power has been notified of his
conviction and sentence. (Replaced L.N. 346 of 1982)
(b) For the purposes of this subsection, the expression
protected prisoner of war (受保護的戰俘), protected
internee (受保護的囚犯) and the protecting power
(保護當局) have the meanings assigned to them by
the Geneva Conventions Act, 1957, as applied to
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Section 83R Cap. 221

Hong Kong by the Geneva Conventions Act (Colonial

Territories) Order in Council 1959. [cf. 1968 c. 19 Sch.
5 Part I U.K.]
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 18 U.K.]

83R. Bail
(1) The Court of Appeal may, if it thinks fit, on the application of
an appellant, admit him to bail pending the determination of
his appeal. (Amended 56 of 1994 s. 7)
(2) (Repealed 79 of 1995 s. 50)
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 19 U.K.]

83RA. Determination of application for leave to appeal

(1) The Court of Appeal may direct that an application for leave
to appeal be determined with or without a hearing.
(2) Subsection (1) applies to an application for leave to appeal
that was made, but has not yet been listed for hearing, before
the relevant date as if it were made after that date.
(3) In this section—
relevant date (有關日期) means the day on which the Courts
(Remote Hearing) Ordinance (6 of 2025) comes into
operation*.
(Added 6 of 2025 s. 41)

Editorial Note:
* Operation date: 28 March 2025.

83S. Disposal of groundless appeal

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Part IV—Division 16 4-80

Cap. 221

If it appears to the Registrar that a notice of an appeal purporting to

be a ground of appeal which involves a question of law alone does
not show any substantial ground of appeal, he may refer the appeal
to the Court of Appeal for summary determination; and where the
case is so referred the Court of Appeal may, if it considers that the
appeal is frivolous or vexatious, and can be determined without
adjourning it for a full hearing, dismiss the appeal summarily,
without calling on anyone to attend the hearing or to appear for the
HKSAR thereon.
(Added 34 of 1972 s. 18. Amended 39 of 1999 s. 3)
[cf. 1968 c. 19 s. 20 U.K.]

83T. Preparation of case for hearing

(1) The Registrar shall—
(a) take all necessary steps for obtaining a hearing of any
appeal or application of which notice is given to him
and which is not referred and dismissed summarily
under section 83S; and
(b) obtain and lay before the Court of Appeal in proper form
all documents, exhibits and other things which appear
necessary for the proper determination of the appeal or
application.
(2) Rules and orders made under section 9 may enable an
appellant to obtain from the Registrar any documents or
things, including copies or reproductions of documents,
required for his appeal.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 21 U.K.]

Division 16—The Hearing

(Added 21 of 2023 s. 2)

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Section 83U Cap. 221

(Cross-heading repealed 21 of 2023 s. 2)

83U. Right of appellant to be present

(1) A defendant shall be entitled to be present at the hearing of an
application for leave to appeal and an appeal unless the Court
of Appeal, where it considers it necessary in the interests of
justice or public order or security to do so, orders otherwise.
(Replaced 79 of 1995 s. 50)
(2) (Repealed 79 of 1995 s. 50)
(3) The power of the Court of Appeal to pass sentence on a
person may be exercised although he is for any reason not
present.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 22 U.K.]

83V. Evidence
(1) For the purposes of this Part, the Court of Appeal may, if it
thinks it necessary or expedient in the interests of justice—
(a) order the production of any document, exhibit or other
thing connected with the proceedings, the production of
which appears to it necessary for the determination of
the case;
(b) order any witness who would have been a compellable
witness in the proceedings from which the appeal lies
to attend for examination and be examined before the
Court of Appeal whether or not he was called in those
proceedings; and
(c) subject to subsection (3), receive the evidence, if
tendered, of any witness.

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Section 83V Cap. 221

(2) Without prejudice to subsection (1), where evidence is

tendered to the Court of Appeal thereunder the Court of
Appeal shall, unless it is satisfied that the evidence, if
received, would not afford any ground for allowing the
appeal, exercise its powers of receiving it if—
(a) it appears to it that the evidence is likely to be credible
and would have been admissible in the proceedings from
which the appeal lies on an issue which is the subject of
the appeal; and
(b) it is satisfied that it was not adduced in those
proceedings but there is a reasonable explanation for the
failure to adduce it.
(3) Subsection (1)(c) applies to any witness (including the
appellant) who is a competent but not a compellable witness.
(Amended 23 of 2003 s. 6)
(4) For the purposes of this Part, the Court of Appeal may, if it
thinks it necessary or expedient in the interests of justice,
order the examination of any witness whose attendance
might be required under subsection (1)(b) to be conducted,
in manner provided by rules and orders made under section
9, before any judge or officer of the Court of Appeal or other
person appointed by the Court of Appeal for the purpose, and
allow the admission of any depositions so taken as evidence
before the Court of Appeal.
(5) In no case shall any sentence be increased by reason of or
in consideration of any evidence which was not given at the
trial.
(6) Where the husband or wife of an appellant or respondent is
required to be examined under subsection (1)(b) or (4), other
than on behalf of the appellant or respondent concerned, the
husband or wife may apply to the Court of Appeal for an

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Section 83V Cap. 221

exemption from the requirement to be so examined. (Added

23 of 2003 s. 6)
(7) Where the husband or wife of an appellant or respondent has
the right to apply to the Court of Appeal for an exemption
under subsection (6), the Court of Appeal must be satisfied
that the husband or wife is aware of such a right. (Added 23
of 2003 s. 6)
(8) Where the husband or wife of an appellant or respondent
applies to the Court of Appeal for an exemption under
subsection (6), the Court of Appeal may exercise the same
powers that a court may exercise under section 57A(2),
and that section shall apply with such modifications as the
circumstances require. (Added 23 of 2003 s. 6)
(9) Section 7 of the Evidence Ordinance (Cap. 8) (privilege
of husband and wife) and section 8(2) of that Ordinance
(evidence of access) shall not apply to the husband or wife
of an appellant or respondent, where the husband or wife is
being examined under subsection (1)(b) or (4). (Added 23 of
2003 s. 6)
(10) Section 65A of the Evidence Ordinance (Cap. 8) (privilege
against incrimination of self or spouse in criminal
proceedings) shall not apply to the husband or wife of an
appellant or respondent, where the husband or wife is being
examined under subsection (1)(b) or (4), other than on behalf
of the appellant or respondent concerned. (Added 23 of 2003
s. 6)
(11) Where a child is required to be examined before the Court of
Appeal under subsection (1)(b) in proceedings in respect of
an offence specified in section 79B(2), the Court of Appeal
may exercise the same powers that a court may exercise
under section 79B(2). (Added 23 of 2003 s. 18)

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(12) Where a mentally incapacitated person is required to be

examined before the Court of Appeal under subsection (1)(b)
in proceedings in respect of an offence specified in section
79B(3), the Court of Appeal may exercise the same powers
that a court may exercise under section 79B(3). (Added 23 of
2003 s. 18)
(13) Where a witness in fear is required to be examined before
the Court of Appeal under subsection (1)(b) in proceedings in
respect of any offence, the Court of Appeal may exercise the
same powers that a court may exercise under section 79B(4).
(Added 23 of 2003 s. 18)
(13A) If a complainant is required to be examined before the Court
of Appeal under subsection (1)(b) in proceedings involving
a specified sexual offence, the Court of Appeal may exercise
the same powers that a court may exercise under section
79B(4A). (Added 17 of 2018 s. 4)
(14) (Repealed 6 of 2025 s. 70)
(15) Section 79B(5) shall apply in relation to the exercise of the
powers referred to in subsection (11), (12), (13) or (13A) as it
applies in relation to the exercise of the powers under section
79B. (Added 23 of 2003 s. 18. Amended 17 of 2018 s. 4)
(16) (Repealed 6 of 2025 s. 70)
(17) In subsections (11) to (13)—
child (兒童) means a person—
(a) who, in the case of an offence specified in section
79B(2)(a), is under 17 years of age; or
(b) who, in the case of an offence specified in section
79B(2)(b) or (c), is under 14 years of age;
mentally incapacitated person (精神上無行為能力的人) means a
person who is mentally disordered or mentally handicapped

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Section 83W Cap. 221

within the meaning of section 2 of the Mental Health

Ordinance (Cap. 136);
witness in fear (惶恐證人) means a witness in respect of whom
the Court of Appeal is satisfied, on reasonable grounds, is
apprehensive as to the safety of himself or any member of
his family if he gives evidence. (Added 23 of 2003 s. 18.
Amended 17 of 2018 s. 4)
(18) In subsection (13A)—
complainant (申訴人) has the meaning given by section 156(8) of
the Crimes Ordinance (Cap. 200);
specified sexual offence (指明性罪行) has the meaning given by
section 117(1) of the Crimes Ordinance (Cap. 200). (Added
17 of 2018 s. 4)
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 23 U.K.]

Division 17—Other Matters Depending on Result of Appeal

(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

83W. Effect of appeal on sentence

(1) The time during which an appellant is in custody pending
the determination of his appeal shall, subject to any direction
which the Court of Appeal may give to the contrary, be
reckoned as part of the term of any sentence to which he is
for the time being subject.
(2) Where the Court of Appeal gives a contrary direction under
subsection (1), it shall state its reasons for doing so; and it
shall not give any such direction where—
(a) leave to appeal has been granted; or

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Section 83X Cap. 221

(b) a certificate has been given by the judge of the court of

trial under section 82; or
(c) the case has been referred to it by the Chief Executive
under section 83P. (Amended 39 of 1999 s. 3)
(3) Where an appellant is admitted to bail under section 83R,
the time during which he is at large after being so admitted
shall be disregarded in computing the term of any sentence to
which he is for the time being subject.
(4) The term of any sentence passed by the Court of Appeal
under section 83A, 83B, 83C, 83I or 83K(4) shall, unless the
Court of Appeal otherwise directs, begin to run from the time
when it would have begun to run if passed in the proceedings
from which the appeal lies.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 29 U.K.]

83X. Restitution of property on conviction

(1) The operation of an order for the restitution of property to
a person made on a conviction on indictment shall (unless
the court of trial direct to the contrary in any case in which,
in its opinion, the title to the property is not in dispute) be
suspended—
(a) in any case until the expiration of 28 days from the date
of conviction; and
(b) where notice of appeal or of application for leave
to appeal is given within 28 days from the date of
conviction, until the determination of the appeal.
(2) In cases where the operation of such an order is suspended
until the determination of the appeal, the order shall not
take effect as to the property in question if the conviction is
quashed on appeal.

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Section 83Y Cap. 221

(3) Provision may be made by rules and orders made under

section 9 for securing the safe custody of any property,
pending the suspension of the operation of any such order.
(4) The Court of Appeal may by order annul or vary any order
made by the court of trial for the restitution of property to
any person, although the conviction is not quashed; and the
order, if annulled, shall not take effect and, if varied, shall
take effect as so varied.
(Added 34 of 1972 s. 18)
[cf. 1968 c. 19 s. 30 U.K.]

83XX. (Repealed 39 of 1996 s. 23)

Division 18—Supplementary
(Added 21 of 2023 s. 2)

(Cross-heading repealed 21 of 2023 s. 2)

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

by single judge
(1) The powers of the Court of Appeal under this Part which are
specified in subsection (2) and the power to give directions
under section 156(5) of the Crimes Ordinance (Cap. 200) may
be exercised by a single judge in the same manner as they
may be exercised by the Court of Appeal and subject to the
same provisions. (Amended 25 of 1978 s. 5)
(2) The said powers are the following—
(a) to give leave to appeal;
(b) to extend the time within which notice of appeal or of
application for leave to appeal may be given;

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Section 83Y Cap. 221

(ba) to extend the period within which an application may be

made under section 81DA(4); (Added 21 of 2023 s. 6)
(bb) to give a direction under section 83RA; (Added 6 of
2025 s. 42)
(c) to allow an appellant to be present at any proceedings;
(d) to order a witness to attend for examination;
(e) to admit an appellant to bail;
(ea) to issue a warrant under section 81DC(1); (Added 21 of
2023 s. 6)
(eb) to order that a respondent be detained in custody or
admitted to bail under section 81DC(2); (Added 21 of
2023 s. 6)
(f) to make orders under section 83F(2) and discharge or
vary such orders;
(g) to give directions under section 83W(1);
(h) to give leave to apply for the review of a sentence under
section 81A;
(i) (Repealed 21 of 2023 s. 6)
(j) to order a respondent to be detained in custody under
section 81A(3). (Added 20 of 1979 s. 8)
(3) If the single judge refuses an application on the part of an
appellant or applicant to exercise in his favour any of the
powers above specified, the appellant or applicant shall be
entitled to have the application determined by the Court of
Appeal.
(4) The references in this section to a single judge are to a single
judge of the Court of Appeal or of the Court of First Instance.
(Added 29 of 1978 s. 2. Amended 25 of 1998 s. 2)
(Added 34 of 1972 s. 18)

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Part IV—Division 18 4-98

Section 83Z Cap. 221

[cf. 1968 c. 19 s. 31 U.K.]

83Z. Power to bail convicted person

A person need not be admitted to bail in connection with an
offence if he has been convicted of that offence, but where any
court has jurisdiction to remand that person in custody or to admit
him to bail pending sentence or appeal, the court may make such
orders as appear to it to be necessary for the detention or the
admission to bail of that person and, in making any such order,
shall have regard to—
(a) pending sentence, the likelihood of a custodial sentence;
(b) pending appeal against conviction or sentence, the
likelihood of the sentence being completed before the
disposal of the appeal or of the appeal being allowed;
and
(c) any other matter that appears to the court to be relevant.
(Added 56 of 1994 s. 8)

83ZA. (Repealed 79 of 1995 s. 50)

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Part IVA 4A-2

Section 84 Cap. 221

Part IVA

Other Proceedings Subsequent to Trial

(Added 34 of 1972 s. 19)
(Format changes—E.R. 1 of 2018)

Restitution of property

84. Restitution of property in case of conviction

(1) Subject to the provisions of the Pawnbrokers Ordinance
(Cap. 166), where any person is convicted of an indictable
offence, any property found in his possession, or in the
possession of any other person for him, may be ordered by
the court or magistrate to be delivered to the person who
appears to the court or magistrate to be entitled thereto.
(Replaced 17 of 1930 s. 8)
(2) Nothing in this section shall prevent any magistrate or the
court from ordering the return to any person charged with an
indictable offence, or to any person named by the magistrate
or the court, of any property found in the possession of the
person so charged or in the possession of any other person for
him, or of any portion thereof, if the magistrate or the court
is of opinion that such property or portion thereof can be
returned consistently with the interests of justice and with the
safe custody or otherwise of the person so charged. (Amended
5 of 1924 Schedule; 17 of 1930 s. 8)

Criminal bankruptcy orders

84A. Criminal bankruptcy orders against convicted persons

(1) Where a person is convicted of an offence before the court
and it appears to the court that—
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Part IVA 4A-4

Section 84A Cap. 221

(a) as a result of the offence, or of that offence taken

together with any other relevant offences, loss or
damage (not attributable to personal injury) has been
suffered by one or more persons whose identity is
known to the court; and
(b) the amount, or aggregate amount, of the loss or damage
exceeds $150,000,
the court may, in addition to dealing with the offender in any
other way (but not if it makes a compensation order against
him under section 73), make an order, to be called a criminal
bankruptcy order, against him in respect of the offence or, as
the case may be, that offence and any other relevant offences.
(2) In subsection (1) relevant offences (有關罪行) means
offences—
(a) of which the person in question is convicted in the same
proceedings;
(b) which the court takes into consideration in determining
its sentence; or
(c) which, whether or not they are specifically charged or
admitted, a judge of the court is satisfied are proved by
the evidence adduced by the prosecution in the same
proceedings.
(3) A criminal bankruptcy order shall specify—
(a) the amount of the loss or damage appearing to the court
to have resulted from the offence or, if more than one,
the total amount appearing to have resulted from all the
offences;
(b) the person or persons appearing to the court to have
suffered that loss or damage;

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Section 84B Cap. 221

(c) the amount of that loss or damage which it appears

to the court that person, or each of those persons, has
suffered; and
(d) the date which appears to the court to be the earliest
date on which the offence or, if more than one, the
earliest of the offences, was committed.
(4) A criminal bankruptcy order may be made against 2 or more
offenders in respect of the same loss or damage.
(5) The Chief Executive in Council may by order amend
subsection (1)(b) by substituting, for the amount specified
therein, such amount as may be specified in the order.
(Amended 39 of 1999 s. 3)
(6) In this section court (法庭) includes the District Court.
(Added 20 of 1979 s. 9)
[cf. 1973 c. 62 s. 39 U.K.]

84B. Appeals in the case of criminal bankruptcy orders

(1) No appeal shall lie against the making of a criminal
bankruptcy order.
(2) Where a person successfully appeals to the Court of Appeal
against his conviction of an offence by virtue of which such
an order was made, the Court of Appeal shall rescind the
order unless he was convicted in the same proceedings of
another offence of which he remains convicted and a criminal
bankruptcy order could have been made without reference to
loss or damage caused by the first-mentioned offence; and
where, accordingly, the Court of Appeal does not rescind the
order it shall amend it by striking out so much of it as relates
to loss or damage caused by the offence in respect of which
the conviction is quashed.

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Part IVA 4A-8

Section 84B Cap. 221

(3) Where on an appeal by a person against his conviction of an

offence by virtue of which a criminal bankruptcy order was
made the Court of Appeal substitutes a verdict of guilty of
another offence, the Court of Appeal shall—
(a) rescind the order if a criminal bankruptcy order could
not have been made against that person if he had
originally been convicted of that other offence;
(b) in any other case, amend the order so far as may be
required in consequence of the substitution of a verdict
of guilty of the other offence.
(4) Where the Court of Appeal rescinds or amends a criminal
bankruptcy order, the rescission or amendment shall not take
effect—
(a) in any case until the expiration of 14 days from the date
of the decision of the Court of Appeal;
(b) if within that period an application is made for leave to
appeal to the Court of Final Appeal against the Court of
Appeal’s decision on the appeal against conviction, so
long as the appeal is pending; and (Amended 79 of 1995
s. 50)
(c) if on such an appeal the conviction is restored by the
Court of Final Appeal. (Amended 79 of 1995 s. 50)
(5) For the purposes of subsection (4) an appeal to the Court of
Final Appeal shall be treated as pending until any application
for leave to appeal is disposed of and, if leave to appeal is
granted, until the appeal is disposed of; and if no application
for leave to appeal is made before the expiration of 14 days
from the date of the decision of the Court of Appeal, the
rescission or amendment shall take effect at the end of that
time. (Amended 79 of 1995 s. 50)
(Added 20 of 1979 s. 9)

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Part IVA 4A-10

Section 85 Cap. 221

[cf. 1973 c. 62 s. 40 U.K.]

Calendar of sentences

85. Transmission and effect of calendar of sentences

(1) At the end of each month or as soon as conveniently may
be thereafter, a copy of the calendar of sentences, under the
hand of a judge and the seal of the court, shall be transmitted
by the Registrar to the Chief Secretary for Administration.
(Amended 63 of 1971 s. 5; L.N. 362 of 1997)
(2) A similar copy shall also be transmitted by the Registrar to
the Commissioner of Correctional Services, who shall record
the same, and such calendar shall be a sufficient warrant for
receiving and detaining all prisoners named therein, and for
carrying into effect all sentences set forth therein, other than
sentences of death. (Amended 5 of 1924 s. 12; 25 of 1937 s. 3;
G.N. 678 of 1938)
(3) In the event of the copy of a calendar kept by the
Commissioner of Correctional Services being lost or
destroyed, a fresh copy, signed and sealed as above
mentioned, shall be delivered by the Registrar to the
Commissioner of Correctional Services and shall have the
same effect as the copy first given to that officer. (Amended 5
of 1924 s. 12; 25 of 1937 s. 3; G.N. 678 of 1938)

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

(1) At the end of each day’s sitting of the court, the Registrar
shall deliver to the Commissioner of Correctional Services
or his deputy a certificate, in Form 5 in Schedule 1, of all
sentences passed by the court during that day. (Amended 50
of 1911 s. 4; 8 of 1912 s. 52; 5 of 1924 s. 12; 25 of 1937 s. 3;
G.N. 678 of 1938; 63 of 1971 s. 6; 58 of 1994 s. 4)

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Section 87 Cap. 221

(2) Such certificate shall be a sufficient warrant to the

Commissioner of Correctional Services for receiving into his
custody all prisoners named therein, and for carrying into
effect all sentences described therein, other than sentences
of death, until the calendar of sentences for that month is
received by him. (Amended 5 of 1924 s. 12; 25 of 1937 s. 3;
G.N. 678 of 1938; 63 of 1971 s. 6)

Undergoing sentence, etc.

87. (Repealed 50 of 1991 s. 4)

88. Filing of original documents

When a case has been finally disposed of, the Registrar shall file
in his office or otherwise deal with as the court may direct, all the
original documents in that case which have been transmitted to him
by the committing magistrate.
(Replaced 6 of 1954 s. 8)

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Part V 5-2
Section 89 Cap. 221

Part V

Parties
(Format changes—E.R. 1 of 2018)

89. Aiders, abettors and accessories

Any person who aids, abets, counsels or procures the commission
by another person of any offence shall be guilty of the like offence.
(Replaced 5 of 1971 s. 7)
[cf. 1861 c. 94 s. 8 U.K.; 1952 c. 55 s. 35 U.K.]

90. Penalties for assisting offenders

(1) If a person has committed an arrestable offence, any other
person who, knowing or believing him to be guilty of the
offence or of some other arrestable offence, does, without
lawful authority or reasonable excuse, any act with intent to
impede his apprehension or prosecution shall be guilty of an
offence.
(2) If on the trial of an indictment for an arrestable offence the
jury are satisfied that the offence charged (or some other
offence of which the accused might on that charge be found
guilty) was committed, but find the accused not guilty of it,
they may find him guilty of any offence under subsection (1)
of which they are satisfied that he is guilty in relation to the
offence charged (or that other offence).
(3) A person guilty of an offence under subsection (1) shall be
liable—
(a) on conviction on indictment, to imprisonment for 10
years; or

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Part V 5-4
Section 91 Cap. 221

(b) on summary conviction, to a fine at level 2 and to

imprisonment for 2 years. (Amended E.R. 4 of 2021)
(4) No proceedings shall be instituted for an offence under
subsection (1) except with the consent of the Secretary for
Justice. (Amended L.N. 362 of 1997)
(5) Nothing in subsection (4) shall prevent the arrest, or the
issue of a warrant for the arrest, of any person for an offence
under subsection (1), or the remand in custody or on bail of a
person charged with such an offence.
(Replaced 5 of 1971 s. 7)
[cf. 1967 c. 58 s. 4 U.K.]

91. Penalties for concealing offences

(1) If a person has committed an arrestable offence, any other
person who, knowing or believing that the offence or some
other arrestable offence has been committed, and that he has
information which might be of material assistance in securing
the prosecution or conviction of an offender for it, accepts
or agrees to accept for not disclosing that information any
consideration shall be guilty of an offence and shall be liable
on conviction on indictment to imprisonment for 2 years.
(2) If a person causes any wasteful employment of the police
by knowingly making to any person a false report tending
to show that an offence has been committed, or to give rise
to apprehension for the safety of any person or property, or
tending to show that he has information material to any police
inquiry he shall be guilty of an offence and shall be liable
on conviction to a fine at level 1 and to imprisonment for 6
months. (Amended E.R. 4 of 2021)
(3) No prosecution shall be instituted for an offence under
subsection (1) except with the consent of the Secretary for
Justice. (Amended L.N. 362 of 1997)

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Part V 5-6
Section 92 Cap. 221

(4) The compounding of an offence shall not be an offence

otherwise than under this section. (Amended 6 of 2024 s. 145)
(5) (Repealed 50 of 1991 s. 4)
(Replaced 5 of 1971 s. 7)
[cf. 1967 c. 58 s. 5 U.K.]

92-94. (Repealed 5 of 1971 s. 7)

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Part VI 6-2
Section 94A Cap. 221

Part VI

Miscellaneous
(Format changes—E.R. 1 of 2012)

Negative averments

94A. Negative averments

(1) It shall not be necessary in an indictment, charge, complaint
or information alleging an offence to negative any exception
or exemption from or qualification to the operation of the law
creating the offence.
(2) For the avoidance of doubt it is hereby declared that in
criminal proceedings—
(a) it is not necessary for the prosecution to negative by
evidence any matter to which this subsection applies;
and
(b) the burden of proving the same lies on the person
seeking to avail himself thereof.
(3) This section applies to criminal proceedings in the District
Court or a magistrate’s court.
(4) The matters to which subsection (2) applies are any licence,
permit, certificate, authorization, permission, lawful or
reasonable authority, purpose, cause or excuse, exception,
exemption, qualification or other similar matter.
(Added 5 of 1971 s. 8)

Ownership of property

95. Mode of stating ownership of property of partners, etc.

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Part VI 6-4
Section 96 Cap. 221

(1) Where, in any document in any proceeding under this

Ordinance, it is necessary to state the ownership of any
property which belongs to or is in possession of more than
one person, it shall be sufficient to name one of such persons
and to state such property to belong to the person so named
and another or others, as the case may be.
(2) Where, in any such document, it is necessary to mention, for
any purpose whatsoever, any partners or other joint owners or
possessors, it shall be sufficient to describe them in manner
aforesaid.
(3) The provisions of this section shall be construed to extend
to all joint-stock companies and associations, societies, and
trustees.
[cf. 1826 c. 64 s. 14 U.K.]

96. Mode of stating ownership of church, etc.

Where, in any such document, it is necessary to state the ownership
of any church, chapel, or building set apart for religious worship, or
of anything belonging to or being in the same, it shall be sufficient
to state that such church, chapel, or building, or such thing is the
property of the clergyman, or of the officiating minister, or of
the church body or the church-wardens of such church, chapel or
building, without its being necessary to name him or them.
(Amended 51 of 1911; 2 of 1912 Schedule)

97. Mode of stating ownership of public property

Where, in any such document, it is necessary to state the ownership
of any work or building made, erected, or maintained, either in
whole or in part, at the expense of the Government, or of any city,
town, or village, or of anything belonging to or being in or used in
relation to the same, or of anything provided for the use of the poor
or of any public institution or establishment, or of any materials or

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Part VI 6-6
Section 98 Cap. 221

tools provided or used for making, altering, or repairing any such

work or building or any public road or highway, or of any other
property whatsoever of the Government it shall be sufficient to
state that such property is the property of the Government, or of
the city, town, or village, as the case may be, without naming any
of the inhabitants thereof.
(Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912
Schedule; 21 of 1912 s. 2)
[cf. 1826 c. 64 ss. 15 & 16 U.K.]

98-99. (Repealed 21 of 1970 Second Schedule)

Coercion by husband

100. Abolition of presumption of coercion of married woman by

husband
Any presumption of law that an offence committed by a wife in
the presence of her husband is committed under the coercion of
the husband is hereby abolished, but on a charge against a wife for
any offence other than an offence endangering national security the
maximum penalty for which is life imprisonment or murder it shall
be a good defence to prove that the offence was committed in the
presence of, and under the coercion of, the husband.
(Added 17 of 1930 s. 9. Amended 6 of 2024 s. 146)
[cf. 1925 c. 86 s. 47 U.K.]

Apprehension of offenders

101. Summary apprehension of offender in certain cases

(1) (Repealed 5 of 1971 s. 9)

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Part VI 6-8
Section 101A Cap. 221

(2) Any person may arrest without warrant any person whom
he may reasonably suspect of being guilty of an arrestable
offence. (Replaced 70 of 1967 s. 2)
(3) Any person to whom any property is offered to be sold,
pawned, or delivered, and who has reasonable ground to
suspect that any arrestable offence has been or is about to be
committed on or with respect to such property, may, and, if he
can, shall, without warrant, apprehend the person offering the
same and take possession of the property so offered. (Amended
70 of 1967 s. 2)
(4) Every person who finds any person in possession of any
property which he, on reasonable grounds, suspects to
have been obtained by means of an arrestable offence may
arrest such last-mentioned person without warrant and take
possession of the property. (Amended 70 of 1967 s. 2)
(5) Every person who arrests any person under any of the
provisions herein contained shall (if the person making the
arrest is not himself a police officer) deliver the person so
arrested, and the property, if any, taken possession of by him,
to some police officer in order that he may be conveyed as
soon as reasonably may be before a magistrate, to be by him
dealt with according to law, or himself convey him before a
magistrate, as soon as reasonably may be, for that purpose.
(Amended 51 of 1911; 2 of 1912 Schedule)
(6) Nothing in this section shall affect the powers of apprehension
conferred upon constables or other persons by any other
enactment. (Amended 51 of 1911; 2 of 1912 Schedule)

101A. Use of force in making arrest, etc.

(1) A person may use such force as is reasonable in the
circumstances in the prevention of crime or in effecting
or assisting in the lawful arrest of offenders or suspected
offenders or of persons unlawfully at large.
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Part VI 6-10
Section 101B Cap. 221

(2) Subsection (1) shall replace the rules of the common law on
the question when force used for a purpose mentioned in the
subsection is justified by that purpose.
(Added 5 of 1971 s. 10)
[cf. 1967 c. 58 s. 3 U.K.]

Attempts, penalties, proceedings, etc.

(Added 89 of 1993 s. 32)

101B. (Repealed 49 of 1996 s. 4)

101C. Reference to an offence to include aiding, etc.

(1) Where—
(a) any Ordinance confers a power or imposes a duty which
is to be exercised or performed consequent upon a
conviction of an offence or in relation to a person who
is detained in custody for an offence; or
(b) a reference is otherwise made in any Ordinance to an
offence,
then that power or duty or that reference shall be deemed
to be also exercisable or performable consequent upon a
conviction of, or include a reference to, as the case may be—
(i) (Repealed 49 of 1996 s. 5)
(ii) aiding, abetting, counselling or procuring that offence;
(iii) (Repealed 49 of 1996 s. 5)
(iv) an incitement to commit that offence. (Added 64 of 1983
s. 2)
(2) Subsection (1) shall apply to powers of imposing pecuniary
penalties and of forfeiture, seizure and search, and to powers
and discretions to cancel, suspend or refuse to issue any
licence, permit or other authorization, but nothing in this
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Part VI 6-12
Section 101D Cap. 221

section shall be deemed to authorize the imposition of

any sentence of imprisonment otherwise than in default of
payment of any pecuniary penalty which may be imposed by
virtue of this section. (Amended 24 of 1993 s. 13)

Editorial Note:
This provision previously appeared in s. 82 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101C of this Ordinance.

101D. Acts constituting 2 or more offences

Where any act constitutes 2 or more offences, whether under the
same Ordinance or otherwise, the offender shall be liable to be
prosecuted and punished for any or all such offences but shall not
be liable to be punished twice for the same offence.

Editorial Note:
This provision previously appeared in s. 83 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101D of this Ordinance.

101E. Liability of directors, etc.

Where a person by whom an offence under any Ordinance has
been committed is a company and it is proved that the offence
was committed with the consent or connivance of a director or
other officer concerned in the management of the company, or any
person purporting to act as such director or officer, the director or
other officer shall be guilty of the like offence.
(Amended 67 of 1975 s. 5)

Editorial Note:
This provision previously appeared in s. 84 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101E of this Ordinance.

101F. Penalties prescribed to be deemed maximum penalties

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Part VI 6-14
Section 101G Cap. 221

Where in any Ordinance a penalty is prescribed for an offence

under that Ordinance, such provision shall imply—
(a) that such offence shall be punishable upon conviction by
a penalty not exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence
shall, without prejudice to any law against excessive or
unreasonable fines or assessments, be punishable by a
fine of any amount.

Editorial Note:
This provision previously appeared in s. 86 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101F of this Ordinance.

101G. Statement of penalty at end of section

Where in any Ordinance a penalty is set out at the foot of any
section or part thereof the same shall mean that any contravention
of that section or part shall be an offence under such Ordinance
punishable upon conviction by a penalty not exceeding the penalty
so set out.

Editorial Note:
This provision previously appeared in s. 87 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101G of this Ordinance.

101H. Certain penalties may be cumulative

Where in any Ordinance more than one penalty is prescribed for
an offence, the use of the word “and” shall mean that the penalties
may be inflicted alternatively or cumulatively.

Editorial Note:
This provision previously appeared in s. 88 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101H of this Ordinance.

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Part VI 6-16
Section 101I Cap. 221

101I. Punishment of indictable offences

(1) Subject to subsections (2) and (5), where a person is
convicted of an offence which is an indictable offence and for
which no penalty is otherwise provided by any Ordinance,
he shall be liable to imprisonment for 7 years and a fine.
(Amended 12 of 1986 s. 2; 50 of 1991 s. 4(1); 49 of 1996 s. 6;
10 of 2008 s. 15)
(2) Where a person is convicted of—
(a) (Repealed 12 of 1986 s. 2)
(b) (Repealed 49 of 1996 s. 6)
(c) incitement,
to commit an offence for which a maximum penalty is
provided by any Ordinance, and no penalty is otherwise
provided by any Ordinance for such conspiracy or incitement,
he shall be liable to be sentenced to that maximum penalty.
(Amended 12 of 1986 s. 2)
(3) (Repealed 24 of 1993 s. 14)
(4) (Repealed 49 of 1996 s. 6)
(5) Where a person is convicted of an offence of perverting the
course of justice at common law, he shall be liable to be
sentenced at the discretion of the court to imprisonment for
any term and a fine of any amount, subject to any limitations
as to the maximum term or terms of imprisonment and the
maximum fine which such court may lawfully impose under
the District Court Ordinance (Cap. 336) or the Magistrates
Ordinance (Cap. 227). (Added 10 of 2008 s. 15)
(6) In subsection (5), court (法院) includes the District Court and
a magistrate. (Added 10 of 2008 s. 15)
(Replaced 64 of 1983 s. 3)

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Part VI 6-18
Section 101J Cap. 221

Editorial Note:
This provision previously appeared in s. 90 of Cap. 1. By virtue of 89 of
1993 s. 27, it was re-enacted as s. 101I of this Ordinance.

101J. Amendment of penalty

(1) Subject to subsection (2), where an act or omission is an
offence and the penalty for the offence is amended between
the time a person commits an offence and he is convicted of
the offence, the offender is liable to the penalty prescribed at
the time of the offence.
(2) If the amended penalty is a lighter penalty, the offender is
liable to the lighter penalty.
(Added 89 of 1993 s. 33)

Disposal of property

102. Disposal of property connected with offences

(1) Where—
(a) any property has come into the possession of a court, the
police or the Customs and Excise Service in connection
with any offence;
(b) it appears to a court that an offence has been committed
in respect of any property in the possession of the court,
the police or the Customs and Excise Service; or
(c) it appears to a court that any property in the possession
of the court, the police or the Customs and Excise
Service has been used in the commission of an offence,
then, whether or not the offence was committed or appears
to have been committed in Hong Kong, a court may dispose
of such property in the manner provided in this section.
(Amended 46 of 1977 s. 16)

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Part VI 6-20
Section 102 Cap. 221

(2) Of its own motion or upon application, a court may—

(a) in respect of property to which subsection (1)(a)
applies—
(i) make an order for the delivery of any such
property to the person who appears to the court to
be entitled thereto;
(ii) where the person so entitled is unknown or cannot
be found, make an order that the property be
sold or retained in the possession of the court,
the police or the Customs and Excise Service; or
(Amended 46 of 1977 s. 16; 13 of 1995 s. 56)
(iii) if the property is of no value, order that the
property be destroyed; and (Added 13 of 1995
s. 56)
(b) in respect of property to which subsection (1)(b) or (c)
applies—
(i) deal with such property under paragraph (a) in the
like manner as property to which subsection (1)(a)
applies; or
(ii) make an order for the forfeiture of the property.
(3) Save where the property is perishable, no order for the
delivery, sale or forfeiture of property shall be made under
subsection (2) unless the court is satisfied that the property
will not be required as an exhibit in any proceedings before a
court.
(4) Where under subsection (2) a court orders the sale or
retention of property, and no person establishes a claim to the
property or the proceeds of sale thereof within 6 months from
the date such order is made, the property or the proceeds of
sale shall become the property of the Government. (Amended
39 of 1999 s. 3)

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Part VI 6-22
Section 103 Cap. 221

(5) An order made under subsection (2), other than an order for
the retention of property, shall not, except when the property
is a live animal, bird or fish or is perishable, be carried out
until the period allowed for making an appeal against the
order has expired or, where such an appeal is duly made, until
the appeal has been finally determined or abandoned.
(6) Where by any other Ordinance it is provided that any
particular property or class of property shall or may be
forfeited, destroyed or disposed of, then the provisions of
such Ordinance shall prevail.
(7) The power conferred on a court by subsection (2)(b)(ii) to
order the forfeiture of property shall not apply in respect of
immovable property or any aircraft, motor vehicle or ship.
(8) In this section court (法院、法庭) includes a magistrate.
(Replaced 70 of 1967 s. 4)

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

offence
Any magistrate or the court may order the seizure of any
instruments, materials or things which there is reason to believe
are provided or prepared, or being prepared, with a view to the
commission of any indictable offence, and the same may be
dealt with under section 102 as though it were property to which
subsection (1)(c) of that section applies.
(Amended 50 of 1911 s. 4; 5 of 1924 s. 8; 70 of 1967 s. 5)

104. Search warrant

An order made under section 103 may be enforced by a search
warrant.
(Amended 50 of 1911 s. 4; 5 of 1924 s. 8; 70 of 1967 s. 6)

105. Report of property found upon person apprehended

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Part VI 6-24
Section 106 Cap. 221

If, on the apprehension of any person charged with an indictable

offence, any property is taken from him, a report shall be made by
the police to the magistrate or the court of the fact of such property
having been taken from such person and of the particulars of such
property.

106. Application of money found upon person apprehended

If, on the apprehension of any person charged with an indictable
offence, any money is taken from him, the court may, in its
discretion, in case of the conviction of such person, order such
money or any part thereof to be applied to the payment of any
costs, or costs and compensation, directed to be paid by such
person.

Presumption and determination of age

106A. Presumption and determination of age

(1) Where the age of any person at any time is material for the
purposes of any provision in this Ordinance or any other
Ordinance regulating the powers of a court in relation to
offenders, his age at the material time shall be deemed to
be or to have been that which appears to the court, after
considering any available evidence, to be or to have been his
age at that time.
(2) In this section, court (法庭) includes the District Court and a
magistrate.
(Added 33 of 1979 s. 2)
[cf. 1948 c. 58 s. 80 (3) U.K. ]

Probation of first offenders

107. Power to permit conditional release of offenders

(1) Where any person has been convicted on indictment of any
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Part VI 6-26
Section 108 Cap. 221

offence punishable with imprisonment, and the court is of

opinion that, having regard to the character, antecedents,
age, health, or mental condition of the person charged, or
to the trivial nature of the offence, or to the extenuating
circumstances under which the offence was committed, it
is inexpedient to inflict any punishment or any other than
a nominal punishment, the court may, in lieu of imposing
a sentence of imprisonment, make an order discharging the
offender conditionally on his entering into a recognizance,
with or without sureties, to be of good behaviour and to
appear for sentence when called on at any time during such
period, not exceeding 3 years, as may be specified in the
order. (Amended 12 of 1960 s. 3)
(2) The court may, where it makes an order under this section,
further order that the offender shall pay such costs of the
proceedings as the court thinks reasonable. (Amended 48 of
1972 s. 4)
(Replaced 27 of 1937 Schedule)
[cf. 1907 c. 17 s. 1 (2) & (3) U.K.]

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

release
(1) In any such case the court or a magistrate, if satisfied by
information on oath that the offender has failed to observe
any of the conditions of his recognizance, may issue a warrant
for his apprehension, or may, if it or he thinks fit, instead of
issuing a warrant in the first instance, issue a summons to the
offender and his sureties (if any) requiring him or them to
attend at such court as may be specified in the summons.
(2) The offender, when apprehended, shall, if not brought
forthwith before the court, be brought before a magistrate.

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Section 109 Cap. 221

(3) The magistrate before whom an offender on apprehension

is brought, or before whom he appears in pursuance of such
summons as aforesaid, may remand him in custody or on bail
until he can be brought before the court.
(4) An offender so remanded to custody may be committed
during remand to a prison, or, if he is a child or young person
under the age of 16, to a place of detention provided under
the Juvenile Offenders Ordinance (Cap. 226).
(5) The court, on being satisfied that a person bound by his
recognizance to appear for conviction and sentence has failed
to observe any condition of his recognizance, may forthwith,
without further proof of his guilty, convict and sentence him
for the original offence.
(Replaced 2 of 1937 Schedule)
[cf. 1907 c. 17 s. 6 U.K.]

109. Conditions as to abode of sureties

The court, before directing the release of an offender under section
107, shall be satisfied that the sureties, if any, have fixed places of
abode or regular occupation in Hong Kong.
(Amended 39 of 1999 s. 3)
[cf. 1887 c. 25 s. 3 U.K.]

Imprisonment of young offenders

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

years of age
(1) No court shall sentence a person of or over 16 and under
21 years of age to imprisonment unless the court is of
opinion that no other method of dealing with such person is
appropriate; and for the purpose of determining whether any
other method of dealing with any such person is appropriate

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the court shall obtain and consider information about the

circumstances, and shall take into account any information
before the court which is relevant to the character of such
person and his physical and mental condition.
(1A) This section shall not apply to a person who has been
convicted of any offence which is declared to be an excepted
offence by Schedule 3. (Added 5 of 1971 s. 10A. Amended 58
of 1994 s. 4)
(2) In this section court (法庭) includes the District Court and a
magistrate. (Amended 35 of 1976 s. 11)
(Added 66 of 1967 Schedule)
[cf. 1948 c. 58 s . 17 (2) U.K.]

Supervision of young prisoners on release from prison

109AA. Supervision orders

(1) In the case of a person who, before attaining the age of 25
years, is released from imprisonment or completes after
such release a period of supervision ordered under section
7(2) of the Prisoners (Release under Supervision) Ordinance
(Cap. 325), the Commissioner of Correctional Services
shall, subject to subsections (1A) and (2) of this section,
make a supervision order under this section if the sentence
of imprisonment which that person has served, or in respect
of which the order under section 7(2) of that Ordinance was
made, was for a term—
(a) of 3 months or more;
(b) other than in default of payment of a sum of money; and
(c) which that person began to serve—
(i) before he attained the age of 21 years; and
(ii) after 1 May 1980. (Replaced 59 of 1987 s. 21)

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(1A) No supervision order shall be made under subsection (1)

on the release of a person from imprisonment where he is
so released subject to supervision under section 7(1) of the
Prisoners (Release under Supervision) Ordinance (Cap. 325).
(Added 59 of 1987 s. 21)
(2) No supervision order shall be made under subsection (1) on
the release of a person in respect of whom—   (Amended 24
of 1986 s. 6; 6 of 1990 s. 7)
(aa) a removal order made under section 19 of the
Immigration Ordinance (Cap. 115), or deportation order
made under section 20 of that Ordinance, is in force;
(Added 6 of 1990 s. 7)
(a) there is revived upon his release a detention order,
supervision order, or recall order, that was suspended
under section 6A of the Drug Addiction Treatment
Centres Ordinance (Cap. 244); or (Amended 6 of 1990
s. 7)
(b) there is revived upon his release a sentence of detention
in a training centre, a supervision notice, or an order
of recall, that was suspended under section 5A of the
Training Centres Ordinance (Cap. 280). (Amended 6 of
1990 s. 7)
(3) A supervision order under subsection (1) shall contain
conditions that the person against whom it is made shall—
(a) subject to subsections (4) and (5), be subject to
supervision by such organization or person as may be
specified therein for a period commencing on the date
of his release from prison and expiring not more than 12
months thereafter; and
(b) while under supervision, comply with such requirements,
including requirements as to residence, as may be
specified therein.

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(4) The Commissioner of Correctional Services may at any

time cancel or vary the terms of a supervision order under
subsection (1).
(5) A supervision order under subsection (1) shall—
(a) be suspended in its operation for any period during
which the person against whom it was made—
(i) is detained pursuant to a recall order under section
109AB; or
(ii) is serving a term of imprisonment of less than 3
months,
but shall not by reason of any such suspension expire
more than 12 months after the date on which it was
made;
(b) cease to have effect where the person against whom it
was made—
(i) is ordered to serve a term of imprisonment of 3
months or more;
(ii) is ordered to be detained in an addiction treatment
centre under the Drug Addiction Treatment Centres
Ordinance (Cap. 244);
(iii) is ordered to be detained in a training centre under
the Training Centres Ordinance (Cap. 280);
(iv) is made the subject of a probation order under
section 3 of the Probation of Offenders Ordinance
(Cap. 298); or
(v) attains the age of 26.
(6) A person who fails to comply with a supervision order under
subsection (1) shall be guilty of an offence and liable on
conviction to a fine at level 2 and to imprisonment for 12
months. (Amended E.R. 4 of 2021)

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(Added 14 of 1980 s. 2)

109AB. Recall orders

(1) Where the Commissioner of Correctional Services is
satisfied that a person against whom a supervision order
under subsection (1) of section 109AA is in force has failed
to comply with the order, he may, if such person earned
remission under rule 69 of the Prison Rules (Cap. 234
sub. leg. A) in respect of the period of imprisonment
which ended on his release from prison referred to in that
subsection, make a recall order against him requiring him to
return to prison. (Amended E.R. 1 of 2018)
(2) Subject to subsections (3) and (4), a person against whom a
recall order is made under subsection (1) may be detained in
prison for a period equivalent to the amount of the remission
that was earned by him.
(3) The Commissioner of Correctional Services may at any time
release a person who is detained pursuant to a recall order
under subsection (1).
(4) A recall order under subsection (1) shall cease to have effect
where the person against whom it was made—
(a) is ordered to serve a term of imprisonment;
(b) is ordered to be detained in an addiction treatment centre
under the Drug Addiction Treatment Centres Ordinance
(Cap. 244);
(c) is ordered to be detained in a training centre under the
Training Centres Ordinance (Cap. 280);
(d) is made the subject of a probation order under section 3
of the Probation of Offenders Ordinance (Cap. 298); or
(e) attains the age of 26.
(Added 14 of 1980 s. 2)

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109AC. Arrest etc. of persons unlawfully at large

(1) If a person against whom a recall order is made under section
109AB(1) is at large at the time it is made, he shall be
deemed to be unlawfully at large.
(2) A police officer may, if he reasonably suspects that a recall
order under section 109AB(1) is in force against a person and
that that person is unlawfully at large, arrest him and take
him to a prison.
(2A) An officer of the Correctional Services Department specified
in a supervision order made under section 109AA in respect
of a person against whom a recall order has been made under
section 109AB(1) or such other officer of that Department as
the Commissioner of Correctional Services may substitute
for the officer so specified by a variation of the terms of that
supervision order may, if he reasonably suspects that that
recall order is in force against that person and that that person
is unlawfully at large, arrest him and take him to a prison.
(Added 14 of 1988 s. 2)
(3) Any period during which a person against whom a recall
order under section 109AB(1) is in force is unlawfully at
large shall be disregarded in calculating the period for which
he may be detained under the recall order, unless the Chief
Executive otherwise directs in a particular case. (Amended 39
of 1999 s. 3)
(Added 14 of 1980 s. 2)

Suspended sentences

109B. Suspended sentences of imprisonment

(1) A court which passes a sentence of imprisonment for a
term of not more than 2 years for an offence, other than an

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excepted offence, may order that the sentence shall not take
effect unless, during a period specified in the order, being not
less than 1 year nor more than 3 years from the date of the
order, the offender commits in Hong Kong another offence
punishable with imprisonment and thereafter a court having
power to do so orders under section 109C that the original
sentence shall take effect. (Amended 39 of 1999 s. 3)
(2) A court which passes a suspended sentence on any person
for an offence shall not make a probation order in his case
in respect of another offence of which he is convicted by or
before the court or for which he is dealt with by the court.
(3) On passing a suspended sentence the court—
(a) may impose such conditions as it thinks fit;
(b) shall explain to the offender in ordinary language his
liability under section 109C if during the operational
period he commits an offence punishable with
imprisonment or breaks any condition imposed under
paragraph (a).
(4) If a court has passed a suspended sentence on any person,
and that person is subsequently sentenced to detention in a
training centre, he shall cease to be liable to be dealt with
in respect of the suspended sentence unless the subsequent
sentence or any conviction or finding on which it was passed
is quashed on appeal.
(5) Subject to any provision to the contrary contained in this or
any other Ordinance—
(a) a suspended sentence which has not taken effect
under section 109C shall be treated as a sentence of
imprisonment for the purposes of all Ordinances except
any Ordinance which provides for disqualification for
or loss of office, or forfeiture of pensions, of persons
sentenced to imprisonment; and

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(b) where a suspended sentence has taken effect under

section 109C, the offender shall be treated for the
purposes of the said excepted Ordinances as having
been convicted on the ordinary date on which the period
allowed for making an appeal against an order under
section 109C expires or, if such an appeal is made, the
date on which it is finally disposed of or abandoned or
fails for non-prosecution.
(Added 5 of 1971 s. 11)
[cf. 1967 c. 80 s. 39 U.K.]

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

suspended sentence
(1) If an offender is convicted of an offence punishable with
imprisonment committed during the operational period of
a suspended sentence or if, during such period, he breaks a
condition imposed under section 109B(3)(a) and either he is
so convicted by or before a court having power under section
109D to deal with him in respect of the suspended sentence
or he subsequently appears or is brought before such a court,
then, unless the sentence has already taken effect, that court
shall consider his case and deal with him by one of the
following methods—
(a) the court may order that the suspended sentence shall
take effect with the original term unaltered;
(b) it may order that the sentence shall take effect with the
substitution of a greater or lesser term for the original
term;
(c) it may by order vary the original order under section
109B(1) by substituting for the period specified therein
a period expiring not later than 3 years from the date of
the variation; or

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(d) it may make no order with respect to the suspended

sentence,
and a court shall make an order under paragraph (a) of this
subsection unless the court is of opinion that it would be
unjust to do so in view of all the circumstances which have
arisen since the suspended sentence was passed, including
the facts of the subsequent offence, and where it is of that
opinion the court shall state its reasons.
(2) Where a court orders that a suspended sentence shall take
effect, with or without any variation of the original term, the
term of such sentence shall commence on the expiration of
another term of imprisonment passed on the offender by that
or another court, unless the court is of opinion that, by reason
of special circumstances, the sentence should take effect
immediately.
(3) In proceedings for dealing with an offender in respect of a
suspended sentence which take place before the Court of First
Instance any question whether the offender has been convicted
of an offence punishable with imprisonment committed
during the operational period of the suspended sentence shall
be determined by the court and not by the verdict of a jury.
(Amended 25 of 1998 s. 2)
(4) Where a court deals with an offender under this section in
respect of a suspended sentence the clerk of the court shall
notify the clerk of the court which passed the sentence of the
method adopted.
(5) Where on consideration of the case of an offender a court
makes no order with respect to a suspended sentence, the
clerk of the court shall record that fact.
(6) For the purposes of any Ordinance conferring rights of appeal
in criminal cases any such order made by a court shall be

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Section 109D Cap. 221

treated as a sentence passed on the offender by that court for

the offence for which the suspended sentence was passed.
(Added 5 of 1971 s. 11)
[cf. 1967 c. 80 s. 40 U.K.]

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

(1) An offender may be dealt with in respect of a suspended
sentence by any court before which he appears or is brought.
(2) Where an offender is convicted by a magistrate of an offence
punishable with imprisonment and the magistrate is satisfied
that the offence was committed during the operational period
of a suspended sentence passed by the Court of First Instance
or the District Court—  (Amended 25 of 1998 s. 2)
(a) the magistrate may, if he thinks fit, commit him in
custody or on bail to the court having power to deal
with him in respect of the suspended sentence; and
(b) if he does not, shall give written notice of the conviction
to the clerk of the court by which the suspended
sentence was passed.
(3) The court to which a magistrate commits an offender under
subsection (2) shall be the court by which the suspended
sentence was passed, except that the magistrate may commit
him to some other court if, having regard to the time when
and the place where he is likely to be dealt with in respect of
the suspended sentence by the court by which that sentence
was passed, it would be more convenient that he should be
dealt with by that other court.
(4) For the purpose of this section and section 109E a suspended
sentence passed on an offender on appeal shall be treated as
having been passed by the court by which he was originally
sentenced.

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(Added 5 of 1971 s. 11)

[cf. 1967 c. 80 s. 41 U.K.]

109E. Discovery of further offences

(1) If it appears to a judge, a District Judge or a magistrate
that an offender has been convicted in Hong Kong of an
offence punishable with imprisonment committed during the
operational period of a suspended sentence and that he has
not been dealt with in respect of the suspended sentence, the
judge, District Judge or magistrate may issue a summons
requiring the offender to appear at the place and time
specified therein, or may, subject to the following provisions
of this section, issue a warrant for his arrest. (Amended 39 of
1999 s. 3)
(2) A magistrate shall not issue a summons under this section
except on information and shall not issue a warrant under this
section except on information in writing and on oath.
(3) A summons or warrant issued under this section shall direct
the offender to appear or to be brought before the court by
which the suspended sentence was passed, but if a warrant
is so issued requiring him to be brought before the Court of
First Instance or the District Court and he cannot forthwith
be brought before that court because that court is not being
held, the warrant shall have effect as if it directed him to be
brought before a magistrate and the magistrate shall commit
him in custody or on bail to the Court of First Instance or
District Court. (Amended 25 of 1998 s. 2)
(Added 5 of 1971 s. 11)
[cf. 1967 c. 80 s. 42 U.K.]

109F. Breach of condition

If, during the operational period of a suspended sentence, an

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offender is guilty of the breach of any condition imposed on him

by a court under section 109B(3)(a), he shall be liable to be dealt
with as if, during such period, he had been convicted of an offence
punishable with imprisonment.
(Added 5 of 1971 s. 11)

109G. Interpretation
In sections 109B, 109C, 109D, 109E and 109F—
court (法庭) includes the District Court and a magistrate; (Amended
35 of 1976 s. 12)
excepted offence (例外罪行) means an offence declared to be an
excepted offence by Schedule 3; (Amended 58 of 1994 s. 4)
operational period (實施期間), in relation to a suspended sentence,
means the period specified in an order made under section
109B(1).
(Added 5 of 1971 s. 11)

109H. (Repealed 74 of 1976 s. 2)

109I. Power to bind over to keep the peace

A judge, a District Judge or a magistrate shall have, as ancillary
to his jurisdiction, the power to bind over to keep the peace, and
power to bind over to be of good behaviour, a person who or
whose case is before the court, by requiring him to enter into his
own recognizances or to find sureties or both, and committing him
to prison if he does not comply.
(Added 47 of 1997 s. 10)
[cf. 1968 c. 69 s. 1 U.K.]

Enforcing recognizance

110. Preparation of list of persons making default on recognizance

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Section 111 Cap. 221

(1) The Registrar shall, once a month, make out a list or lists of
persons bound by recognizance to appear or to do any other
thing, or who have been bound for the appearance of any
other person or for his doing any other thing, and who have
made default, or whose principal, or other person for whom
they are so bound, has made default, to appear or to do such
other thing; and the Registrar shall, if he is able to do so,
state the cause why such default has been made. (Amended 50
of 1911; 1 of 1912 Schedule; 17 of 1931 s. 2; 63 of 1971 s. 7)
(2) The list or lists so made out shall be examined, and, if
necessary, corrected and signed by the judge, and shall be
delivered by the Registrar to the bailiff. (Amended 17 of 1931
s. 2)
[cf. 1826 c. 64 s. 31 U.K.]

111. Issue of writ of execution

A writ of execution shall be issued from the Registrar’s office
against every such person who is liable on a recognizance in
respect of any such default, and shall be delivered to the bailiff;
and such writ shall be the authority of the bailiff for levying and
recovering such forfeited recognizance on the real and personal
property of such person and for taking into custody the body of
such person, in case sufficient real or personal property is not
found whereon levy may be made.

112. Apprehension and detention of person making default where

recognizance is unsatisfied
Every person who is arrested under the provisions of section
111 shall be committed to prison and be there kept until ordered
to appear before the court on such day as the Registrar may
appoint, there to abide the decision of the court, unless in the
meantime the forfeited recognizance, or a sum of money in lieu or

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satisfaction thereof, is paid, together with all costs and expenses in

consequence of his arrest and detention:
Provided that if any person so arrested and imprisoned gives to the
bailiff good and sufficient bail for his appearance before the court
on the appointed day, to abide the decision of the court, and for the
payment of the forfeited recognizance or a sum of money in lieu
or satisfaction thereof, together with such costs as may be awarded
by the court, then it shall be lawful for the bailiff, and he is hereby
required, forthwith to cause such person to be discharged out of
custody.
(Amended 50 of 1911 s. 4; 63 of 1971 s. 8)

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

day
If such person fails to appear before the court on the appointed
day in pursuance of his undertaking in that behalf, the court may
order that a writ of execution be issued from the Registrar’s office
against the surety or sureties of the person so bound as aforesaid,
and such writ shall be delivered to the bailiff, who shall proceed as
therein directed: (Amended 63 of 1971 s. 9)
Provided that the court may, in its discretion, order the discharge of
the whole or any part of the forfeited recognizance or of the sum
of money paid or to be paid in lieu or satisfaction thereof.

General power to fine

113A. Power of court to fine

(1) Where a person is convicted of any offence, other than an
offence for which the sentence is fixed by law, the court may,
if it is not precluded from sentencing him by the exercise of
some other power (such as the power to make a probation
order under section 3 of the Probation of Offenders Ordinance
(Cap. 298)), impose a fine in lieu of or in addition to dealing

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Section 113B Cap. 221

with such person in any other way in which the court has
power to deal with him, subject however to any enactment
requiring him to be dealt with in a particular way.
(2) If the court imposes a fine on any person under subsection (1),
the court may make an order—
(a) allowing time for the payment of the amount of the fine;
and
(b) directing payment of that amount by instalments of
such amounts and on such dates respectively as may be
specified in the order. [cf. 1973 c. 62 s. 31 U.K.]
(3) If the court imposes a fine on any person under subsection (1),
the court shall make an order fixing a term of imprisonment
not exceeding 12 months which that person is to undergo if
any sum which he is liable to pay is not duly paid.
(4) In this section, court (法庭) includes the District Court.
(Added 50 of 1981 s. 4)
[cf. 1973 c. 62 s. 30 (1) U.K.]

113B. Levels of fines for offences

(1) Where an Ordinance provides for a fine for an offence by
reference to a level, the fine applicable for the offence is the
amount shown for that level in Schedule 8.
(2) Where a provision in an Ordinance specifies a level of fine
that may be prescribed under subsidiary legislation, the level
specified is a reference to the level as set out in Schedule 8.
(3) The Chief Executive in Council may by regulation amend
the amounts set out in Schedule 8 to reflect his opinion of
the effect of inflation on the value of the amounts set out in
the Schedule since the date when the Schedule came into
operation or since the date that the amounts in the Schedule
were last amended. (Amended 39 of 1999 s. 3)

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(Added 58 of 1994 s. 2)

113C. Provision for fines for offences

(1) In this section, excluded fine (非規定罰款) means—
(a) a fine of an amount greater than the maximum amount
set out in the table in subsection (2);
(b) a daily fine or daily penalty;
(ba) a fine or penalty calculated by reference to—
(i) a unit of time;
(ii) a unit of measurement (as defined by section 2 of
the Weights and Measures Ordinance (Cap. 68));
or
(iii) a specified number of persons or objects; or (Added
21 of 2024 s. 18)
(c) a fixed penalty within the meaning of an Ordinance.
(Amended 24 of 2001 s. 20; 26 of 2008 s. 19; 3 of 2011
s. 33; 4 of 2016 s. 8; 27 of 2023 s. 39; 11 of 2024 s. 20;
21 of 2024 s. 18)
(2) Where an Ordinance provides for a fine, other than an
excluded fine, for an offence expressed as an amount of
money, the fine shall be deemed to be a fine at the level
relevant to the amount of the fine in the following table—

Table

Fine Level applied

$1 to $2,000 Level 1
$2,001 to $5,000 Level 2
$5,001 to $10,000 Level 3

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$10,001 to $25,000 Level 4

$25,001 to $50,000 Level 5
$50,001 to $100,000 Level 6

(3) Where a provision in an Ordinance specifies a fine, other than

an excluded fine, expressed as an amount of money that may
be prescribed under subsidiary legislation, the fine shall be
deemed to be a fine at the level relevant to the amount of the
fine in the table in subsection (2).
(4) The Chief Executive in Council may by regulation amend the
amounts set out in the table in subsection (2) to reflect his
opinion of the effect of inflation on the value of the amounts
set out in the table since the date when this section came into
operation or since the date that the amounts in the table were
last amended. (Amended 39 of 1999 s. 3)
(5) (Repealed 13 of 2011 s. 36)
(Added 58 of 1994 s. 2)

Fines, forfeitures, and contempts

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

(1) Subject to the provisions of this section, where a fine is
imposed by, or a recognizance is forfeited before, a court, an
order may be made in accordance with the provisions of this
section—
(a) allowing time for the payment of the amount of the fine
or the amount due under the recognizance;
(b) directing payment of the said amount by instalments of
such amounts and on such dates respectively as may be
specified in the order;

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(c) fixing a term of imprisonment which the person liable to

make the payment is to undergo if any sum which he is
liable to pay is not duly paid or recovered;
(d) in the case of a recognizance, discharging the
recognizance or reducing the amount due thereunder.
(Amended 35 of 1976 s. 13)
(2) Where any person liable for the payment of a fine or a sum
due under a recognizance to which this section applies is
sentenced by the court to, or is serving or otherwise liable to
serve, a term of imprisonment, the court may order that any
term of imprisonment fixed under subsection (1)(c) shall not
begin to run until after the end of the first-mentioned term of
imprisonment.
(3) The power conferred by this section to discharge a
recognizance or reduce the amount due thereunder shall be
in addition to the powers conferred by any other enactment
relating to the discharge, cancellation, mitigation or reduction
of recognizances or sums forfeited thereunder.
(4) Where any such order as aforesaid is made directing
payment by instalments of a fine or the amount due under
a recognizance, and default is made in the payment of any
one instalment, the same proceedings may be taken as if
default had been made in payment of all the instalments then
remaining unpaid.
(5) Where any such order as aforesaid is made fixing a term of
imprisonment in default of payment of a fine or the amount
due under a recognizance, then—
(a) on payment of the fine or the said amount to the officer
responsible for the recovery thereof, or (if the person in
respect of whom the order was made is in prison) to the
Commissioner of Correctional Services, the order shall
cease to have effect; and, if the said person is in prison

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and is not liable to be detained for any other cause, he

shall forthwith be discharged;
(b) on payment to the said officer or to the Commissioner
of Correctional Services of a part of the fine or of the
amount due under the recognizance, the total number
of days in the term of imprisonment shall be reduced
proportionately, that is to say, by such number of days
as bears to the said total number of days less one day
the proportion most nearly approximating to, without
exceeding, the proportion which the part paid bears
to the amount of the fine or the amount due under the
recognizance.
(6) In reducing the number of days in the term of imprisonment
under subsection (5)(b), the term of such imprisonment to
be reduced shall be deemed, at any given time, to have been
reduced by any period of remission earned under the Prison
Rules (Cap. 234 sub. leg. A).
(7) For the purposes of this section, court (法庭) includes the
District Court. (Amended 35 of 1976 s. 13)
(Replaced 12 of 1960 s. 4)

Pardon

115. Power to grant conditional pardon

A magistrate or the court may, with the consent in writing of the
Secretary for Justice, order that a pardon be granted to any person
accused or suspected of, or committed for trial for any indictable
offence, on condition of his giving full and true evidence on any
preliminary inquiry or any trial; and such order shall have effect
as a pardon by the Chief Executive, but may be withdrawn by the
magistrate or the court on proof that such person has withheld
evidence or given false evidence.

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 Criminal Procedure Ordinance

Part VI 6-66
Section 116 Cap. 221

(Amended 50 of 1911; 1 of 1912 Schedule; L.N. 362 of 1997; 39 of

1999 s. 3)

116. Effect of pardon

In every case where either a free or conditional pardon is granted
to any person, the discharge of the offender in the case of a free
pardon, and the performance of the condition, in the case of a
conditional pardon, shall have the same effect as a pardon has in
the like cases under the public seal.
(Amended 50 of 1911; 21 of 1912 s. 2)
[cf. 1827 c. 28 s. 13 U.K.]

117. Recording of pardon

(1) Whenever the Chief Executive is pleased to grant to any
offender a pardon under the public seal, the Registrar shall be
bound, on the direction of the Chief Executive, to record such
pardon in the book to be kept by him for that purpose and to
endorse such pardon with the word “Recorded” and with his
signature. (Amended 50 of 1911; 21 of 1912 s. 2; 39 of 1999
s. 3)
(2) Every such pardon shall be valid and effectual for all purposes
whatsoever, and it shall be the duty of all courts, judges,
magistrates, officers, and others, on production thereof, to
take notice of and to give effect to the same.
(Amended 24 of 1993 s. 12)

118. Saving of prerogative of mercy

Subject as hereinbefore provided, nothing in this Ordinance shall
affect the power vested in the Chief Executive to pardon offences
or commute penalties.
(Amended 50 of 1911; 1 of 1912 Schedule; 39 of 1999 s. 3)

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 Criminal Procedure Ordinance

Part VI 6-68
Section 119 Cap. 221

Error, etc.

119. Prohibition of proceedings in error

No proceeding in error shall be taken upon any trial under the
provisions of this Ordinance.

120. Interpretation of reference to information

Where, in any Ordinance, or in any rules, regulation, by-law, or
order, or in any other document of whatever kind, reference is
made to an information in the court in respect of an indictable
offence, such reference shall, unless the context otherwise requires,
be taken as applying to an indictment in the court.

121. Repeal of rules and orders

All rules and orders of the court which are inconsistent with the
provisions of this Ordinance shall and the same are hereby declared
to be of no force or effect whatsoever.

122. Power to exclude public from criminal courts

(1) Any judge, District Judge or magistrate may, if he considers
it necessary in the interests of justice or public order or
security, direct that, save as provided in subsection (3) or
with the permission of a public officer acting under his
direction, no person shall be in the court in which such judge,
District Judge or magistrate sits in the exercise of his criminal
jurisdiction or in the building, or within the curtilage of the
building, in which that court sits.
(2) The Chief Justice may, if he considers it necessary in the
interests of justice or public order or security, direct that,
save as provided in subsection (3) or with the permission of
a public officer acting under his direction, no person shall
be in any court hearing any criminal proceedings or in any

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 Criminal Procedure Ordinance

Part VI 6-70
Section 123 Cap. 221

building, or within the curtilage of any building, in which that

court sits.
(3) Subsections (1) and (2) shall not apply to a person who is
required to be in any such court or any such building by
virtue of his office or profession or an order of a court or who
is otherwise required for the purposes of any proceedings,
whether civil or criminal, to be in any such court or any such
building or to any one person representing a newspaper or
news agency.
(4) Any person who contravenes any direction of a judge, District
Judge or magistrate under subsection (1) or of the Chief
Justice under subsection (2) shall be guilty of an offence
and shall be liable on conviction to a fine at level 2 and to
imprisonment for 6 months and may be forcibly removed by
any police officer from the court or building or the curtilage
of the building, as the case may be. (Amended E.R. 4 of 2021)
(5) Notwithstanding any other law, the exclusion of persons from
any court or any building by or in accordance with a direction
of a judge, District Judge or magistrate under subsection (1)
or of the Chief Justice under subsection (2) shall not affect
the validity of the proceedings of that court or of any court
which sits in that building as the case may be.
(6) Nothing in subsection (1) or (2) shall derogate from or affect
the power of any judge, District Judge or magistrate to order
the exclusion from the court in which he sits of members
of the public where the proper administration of justice so
requires.
(7) In this section court (法庭) includes the District Court and a
magistrate. (Amended 35 of 1976 s. 14)
(Added 37 of 1968 s . 2)

123. Criminal proceedings may be held in camera and non-

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Part VI 6-72
Section 123 Cap. 221

disclosure of identity of witnesses in certain cases

(1) Notwithstanding any other law but subject to the provisions
of the Hong Kong Bill of Rights Ordinance (Cap. 383), if it
appears to a court that it is necessary so to do for a purpose
mentioned in subsection (1AA), the court may order that the
whole of the proceedings before it in respect of any offence
or, having regard to the reason for making such an order, any
appropriate part of such proceedings shall take place in a
closed court. (Replaced 68 of 1995 s. 10)
(1AA) The purpose is—
(a) safeguarding national security, including preventing the
disclosure of state secret (as defined by section 29 of the
Safeguarding National Security Ordinance (6 of 2024));
(b) safeguarding public order;
(c) safeguarding justice; or
(d) any other proper purpose. (Added 6 of 2024 s. 147)
(1A) (a) Notwithstanding the making of an order under
subsection (1) in respect of certain proceedings and
subject to paragraph (b), such an order shall not apply to
the following matters in those proceedings—
(i) the arraignment of the accused person;
(ii) the reading of the summary of facts with respect to
the accused person;
(iii) the delivery of verdict by a jury or a court (as the
case may be);
(iv) the pronouncement of sentence by a court.
(b) Where the court is satisfied that in the special
circumstances of the case, the non-application of an
order made under subsection (1) to the matter referred
to in paragraph (a)(ii) will be contrary to a purpose

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 Criminal Procedure Ordinance

Part VI 6-74
Section 123 Cap. 221

mentioned in subsection (1AA), the court may determine

that such an order shall apply to that matter referred to
in paragraph (a)(ii). (Added 68 of 1995 s. 10)
(1B) (a) A person aggrieved by an order made under subsection
(1) may appeal to the Court of Appeal, if the Court of
Appeal grants leave, against such an order.
(ab) Also, if the case is a case to which Division 4 of Part 7
of the Safeguarding National Security Ordinance (6 of
2024) applies, then if the Court of Appeal grants leave,
the prosecution may also appeal to the Court of Appeal
against the decision of the court to refuse to make an
order under subsection (1). (Added 6 of 2024 s. 147)
(ac) The decision of the Court of Appeal on the appeal is
final. (Added 6 of 2024 s. 147)
(b) On an application for leave to appeal under this
subsection, the Court of Appeal shall have power to give
such directions as appear to it to be appropriate and,
without prejudice to the generality of this paragraph,
power—
(i) to order the production in court of any transcript or
note of proceedings or other document;
(ii) to give directions as to persons who are to be
parties to the appeal or who may be parties to it if
they wish and as to service of documents on any
person.
(c) Subject to any rules of court made by virtue of
paragraph (e), any party to an appeal under this
subsection may give evidence before the Court of
Appeal orally or in writing.
(d) On the hearing of an appeal under this subsection the
Court of Appeal shall have power—

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 Criminal Procedure Ordinance

Part VI 6-76
Section 123 Cap. 221

(i) to stay any proceedings in any other court until

after the appeal is disposed of;
(ii) to confirm, reverse or vary the order or decision
complained of; and
(iii) to make such order as to costs as it thinks fit.
(e) Without prejudice to the generality of section 54 of
the High Court Ordinance (Cap. 4) and section 9, rules
of court may make in relation to criminal proceedings
satisfying specified conditions special provision as
to practice and procedure to be followed in relation
to criminal proceedings taking place in closed court
and appeals from orders made under subsection (1),
or decisions of a court to refuse to make orders under
subsection (1), and may in particular, but without
prejudice to the generality of this paragraph, provide
that paragraph (c) shall not have effect. (Amended 25 of
1998 s. 2)
(f) Notwithstanding any other law but subject to the
provisions of the Hong Kong Bill of Rights Ordinance
(Cap. 383), if it appears to the Court of Appeal that it is
necessary so to do for a purpose mentioned in subsection
(1AA), the Court of Appeal may order that the whole
of the hearing of an appeal under this subsection or,
having regard to the reason for making such an order,
any appropriate part of such hearing shall take place in a
closed court. (Added 68 of 1995 s. 10)
(2) In any case where a court may make an order under
subsection (1), the court may, whether or not it makes an
order under that subsection, order that no question shall be
put to any specified witness in the proceedings before it if the
answer thereto would lead, or tend to lead, to disclosure of
the name or address of any witness in the proceedings; but
the court may require any such witness to record the name
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 Criminal Procedure Ordinance

Part VI 6-78
Section 124 Cap. 221

and address of a witness in the proceedings in writing and to

deliver it into the custody of the court. (Replaced 35 of 1976
s. 15)
(3) In this section court (法庭、法院) includes the District Court
and a magistrate. (Amended 35 of 1976 s. 15)
(Added 37 of 1968 s. 2. Amended 6 of 2024 s. 147)

124. Amendment of Schedule 3

The Legislative Council may, by resolution, from time to time
amend Schedule 3.
(Added 5 of 1971 s. 12A. Amended 58 of 1994 s. 4)

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 Criminal Procedure Ordinance

Schedule 1 S1-2
Cap. 221

Schedule 1
(Amended 58 of 1994 s. 4)

(Format changes—E.R. 1 of 2018)

Form 1
[section 15(2)]

Hong Kong.
Be it remembered that the Secretary for Justice declines to file any
indictment against
detained in the custody of
upon a charge of .
Given under my hand this day of 19 .

Secretary for Justice.

To the Registrar of the High Court.

(Added and amended 8 of 1912 s. 52. Amended L.N. 362 of 1997; 25 of
1998 s. 2; 39 of 1999 s. 3)
______________

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 Criminal Procedure Ordinance

Schedule 1 S1-4
Cap. 221

Form 2
[section 15(2)]

In the High Court of Hong Kong

[L.S.]
To
Whereas is detained in your
custody under the warrant of upon a charge
of and whereas the Secretary for Justice declines to file
any indictment against the said you are
therefore hereby authorized and required forthwith to discharge the
said from your custody without fee or
reward.
Given under my hand and the seal of the court the day
of 19 .

Registrar.
(Added and amended 8 of 1912 s. 52. Amended L.N. 362 of 1997; 25 of
1998 s. 2)
______________

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 Criminal Procedure Ordinance

Schedule 1 S1-6
Cap. 221

Form 3
(Repealed 35 of 1976 s. 16)
______________

Form 4
[section 27]

Notice of Trial of Indictment

In the High Court of Hong Kong

To A.B.
Take notice that you will answer to this indictment [or to the
indictment whereof this is a true copy] at the High Court, on the
day of 19 .

(Signed)

Registrar.

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 Criminal Procedure Ordinance

Schedule 1 S1-8
Cap. 221

(Replaced 63 of 1971 s. 10. Amended 25 of 1998 s. 2; 21 of 2024 s. 78)

______________

Form 5
[section 86]

Certificate of Sentences

In the High Court of Hong Kong

To the
This is to certify that the undermentioned persons were sentenced this
day to undergo the undermentioned punishment namely—
months
A.B., imprisonment
years

months
C.D., imprisonment
years

Dated this day of 19 .

(Signed)

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 Criminal Procedure Ordinance

Schedule 1 S1-10
Cap. 221

Registrar.
(Replaced 63 of 1971 s. 10. Amended 25 of 1998 s. 2)
______________

Form 6
[section 63]

Certificate of Previous Conviction

To the ..........................................
This is to certify that—
(a) the following conviction(s) is/are recorded in the criminal
records in my custody relating to the person whose name
appears on such records as ................................................ and
whose finger-prints appear therein also, and
(b) the finger-prints exhibited to this certificate are true copies
thereof.

Signed ........................................................
Authorized to sign by Commissioner
of Police under section 63(2)(a).
(Added 31 of 1958 s. 3)
______________

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 Criminal Procedure Ordinance

Schedule 1 S1-12
Cap. 221

Form 7
[section 63]

Certificate of Finger-printing

To the ..........................................
This is to certify that the finger-prints exhibited to this certificate were
taken on .......................... day of ........................... at the...............................
........................................................ from the person of ..................... in my
presence and that at that time such person—
(a) was under arrest in connection with the offence of.....................
.....................................................................
(b) had appeared before this court and had been charged with the
offence of......................................................................................
......................................................................................................
[Delete that which is inapplicable.]

Signed ........................................................

(Added 31 of 1958 s. 3)
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 Criminal Procedure Ordinance

Schedule 1 S1-14
Cap. 221

Form 8
[section 63]

Certificate of Comparison of Finger-prints

To the ..........................................
This is to certify that the copies of finger-prints exhibited to the
Certificate of Previous Conviction dated.........................................................
............... in respect of a person named ........................................ and the
finger-prints exhibited to the Certificate of Finger-printing dated .................
.............................. in respect of a person named ..........................................
................................................... are those of the same person.

Signed ........................................................
Authorized to sign by Commissioner
of Police under section 63(2)(c).
(Added 31 of 1958 s. 3)

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 Criminal Procedure Ordinance

Schedule 2 S2-2
Cap. 221

Schedule 2

(Repealed 23 of 2003 s. 7)

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 Criminal Procedure Ordinance

Schedule 3 S3-2
Cap. 221

Schedule 3
[ss. 109A, 109G & 124]
(Amended 58 of 1994 s. 4)

Excepted Offences
(Format changes—E.R. 1 of 2018)

The following offences are declared to be excepted offences—

1. Manslaughter.

2. Rape or attempted rape.

3. Affray.

4. Any offence against section 4, 5 or 6 of the Dangerous Drugs

Ordinance (Cap. 134).

5. Any offence contrary to section 10, 11, 12, 13, 14, 17, 19, 20, 21,
22, 23, 28, 29, 30, 36 or 42 of the Offences against the Person
Ordinance (Cap. 212).

6. Any offence or attempted offence against section 122 of the Crimes

Ordinance (Cap. 200). (Amended 1 of 1978 s. 8)

7. An offence under any section in Part III of the Firearms and

Ammunition Ordinance (Cap. 238). (Replaced 68 of 1981 s. 56)

8. Any offence against section 10 or 12 of the Theft Ordinance

(Cap. 210).

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 Criminal Procedure Ordinance

Schedule 3 S3-4
Cap. 221

9. Any offence against section 33 of the Public Order Ordinance

(Cap. 245). (Added L.N. 250 of 1972)

10. Any offence under section 4 or 10 of the Weapons Ordinance

(Cap. 217). (Added 69 of 1981 s. 19)

11. An offence endangering national security. (Added 6 of 2024 s. 148)

(Added 5 of 1971 s. 12B)

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 Criminal Procedure Ordinance

Schedule 4 S4-2
Cap. 221

Schedule 4
[s. 76]
(Amended 58 of 1994 s. 4)

Effect of Orders for Admission to Hospital

(Format changes—E.R. 1 of 2018)

1. (1) An order for admission to the Correctional Services

Department Psychiatric Centre or to a mental hospital under
section 76(2)(a) shall be sufficient authority for—  (Amended
37 of 1996 s. 7)
(a) in the case of admission to the Correctional Services
Department Psychiatric Centre, the Commissioner of
Correctional Services; or
(b) in the case of admission to a mental hospital, any person
acting under the authority of the Chief Executive,
to take the person to whom the order relates and convey him
at any time within the period of 28 days (beginning with
the date on which the order was made) to the Correctional
Services Department Psychiatric Centre or the mental hospital
specified by the Chief Executive. (Replaced 37 of 1973 s. 7)
(2) The court by which any such order as aforesaid is made may
give such directions as it thinks fit for the conveyance of a
person to whom the order relates to a place of safety and his
detention therein pending his admission to the Correctional
Services Department Psychiatric Centre or the mental hospital
within the said period of 28 days.
(3) Where a person is admitted within the said period to the
Correctional Service Department Psychiatric Centre or the
mental hospital specified by the Chief Executive under

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 Criminal Procedure Ordinance

Schedule 4 S4-4
Cap. 221

section 76(2)(a), such order shall be sufficient authority for

the Commissioner of Correctional Services or the medical
superintendent to detain him therein in accordance with
section 45 of the Mental Health Ordinance (Cap. 136) as
applied by paragraph 2 of this Schedule. (Amended 37 of
1996 s. 7)

2. A person who is admitted to the Correctional Services Department

Psychiatric Centre or a mental hospital in pursuance of an order
under section 76(2)(a) shall be treated for the purposes of the
Mental Health Ordinance (Cap. 136) as if he had been so admitted
in pursuance of a hospital order made (on the date of the order
under section 76(2)(a)) under section 45 of that Ordinance without
an endorsement under subsection (1A) of that section. (Amended
46 of 1988 s. 33; 37 of 1996 s. 7)

3. If while a person is detained in a mental hospital in pursuance

of an order under section 76(2)(a) the Chief Executive, after
consultation with the medical superintendent, is satisfied that the
person can properly be tried, the Chief Executive may by order
direct that such person be remitted—
(a) to a prison; or
(b) to a training centre established under section 3 of the Training
Centres Ordinance (Cap. 280),
for trial at the court (within the meaning of section 75(6)) where
but for the first-mentioned order he would have been tried, and on
his arrival at the prison or training centre, as the case may be, the
first-mentioned order shall cease to have effect. (Added 37 of 1996
s. 7)

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 Criminal Procedure Ordinance

Schedule 4 S4-6
Cap. 221

4. If the Chief Executive, after consultation with the Commissioner

of Correctional Services, is satisfied that a person detained in the
Correctional Services Department Psychiatric Centre in pursuance
of an order under section 76(2)(a) can properly be tried—
(a) the Chief Executive may by order direct that the person be
detained in the custody of the Commissioner of Correctional
Services for trial at the court (within the meaning of section
75(6)) where but for the first-mentioned order he would have
been tried; and
(b) the first-mentioned order shall cease to have effect if the
Chief Executive makes an order under sub-subparagraph (a).
(Added 37 of 1996 s. 7)
(Added 34 of 1972 s. 20. Amended 37 of 1973 s. 7; 39 of 1999 s. 3)
[cf. 1964 c. 84 Sch. 1 U.K.; 1968 c. 19 Sch. 5 Paras. 1 & 2(1) U.K.]

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 Criminal Procedure Ordinance

Schedule 5 S5-2
Cap. 221

Schedule 5
[ss. 83D & 83L]
(Amended 58 of 1994 s. 4)

Consequences and Effect of Order for Admission to

Hospital under Section 83D or 83L
(Format changes—E.R. 1 of 2018)

1. (1) An order for admission to the Correctional Services

Department Psychiatric Centre or a mental hospital under
section 83D or 83L shall be sufficient authority for the
Commissioner of Correctional Services or any other person
directed to do so by the court to take the person to whom the
order relates and convey him at any time within the relevant
period to the Correctional Services Department Psychiatric
Centre or the mental hospital specified by the Chief
Executive.
(2) The relevant period for the purposes of this paragraph is—
(a) in relation to an order under section 83D or 83L(1), 28
days;
(b) in relation to an order under section 83L(2), 7 days,
the said period to begin in either case with the date on which
the order was made.
(3) Where a person is admitted within the relevant period to
the Correctional Services Department Psychiatric Centre
or the mental hospital specified by the Chief Executive
under section 83D or, as the case may be, section 83L, the
order shall be sufficient authority for the Commissioner
of Correctional Services or the medical superintendent to
detain him in accordance with the provisions of the Mental

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 Criminal Procedure Ordinance

Schedule 5 S5-4
Cap. 221

Health Ordinance (Cap. 136) referred to in paragraphs 2 and

3, as those provisions apply by virtue of those paragraphs.
(Amended 39 of 1999 s. 3)

2. A person who is admitted to the Correctional Services Department

Psychiatric Centre or a mental hospital in pursuance of an order
under section 83D or 83L(1) shall be treated for the purposes of the
Mental Health Ordinance (Cap. 136) as if he had been so admitted
in pursuance of a hospital order made (on the date of the order
made under section 83D or 83L(1)) under section 45 of the Mental
Health Ordinance (Cap. 136) without any period of detention being
specified in the order and without an endorsement under subsection
(1A) of that section. (Amended 46 of 1988 s. 33)

3. A person who is admitted to a mental hospital in pursuance of an

order under section 83L(2) shall be treated for the purposes of Part
III of the Mental Health Ordinance (Cap. 136) as if he had been
admitted (on the date of the order made under section 83L(2)) in
pursuance of an application for admission for observation duly
made under the said Part III. (Amended 46 of 1988 s. 33)
(Added 34 of 1972 s. 20. Amended 37 of 1973 s. 7)
[cf. 1968 c. 19 Sch. 1 U.K.]

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 Criminal Procedure Ordinance

Schedule 6 S6-2
Cap. 221

Schedule 6
[s. 83F]
(Amended 58 of 1994 s. 4)

Procedural and Other Provisions Applicable on Order

for Retrial
(Format changes—E.R. 1 of 2018)

Depositions

1. On a retrial, section 70 of the Evidence Ordinance (Cap. 8)

(admissibility in evidence in criminal proceedings of deposition of
person dead, etc.) shall not apply to the depositions of any person
who gave evidence at the original trial or to any written statement
by such a person tendered under section 81A of the Magistrates
Ordinance (Cap. 227) in the committal proceedings before the
original trial; but a transcript of the record of the evidence given by
any witness at the original trial may, with the leave of the judge,
be read as evidence—
(a) by agreement between the prosecution and the defence; or
(b) if the judge is satisfied that the witness is dead or unfit to give
evidence or to attend for that purpose, or that all reasonable
efforts to find him or secure his attendance have been made
without success,
and in either case may be so read without further proof, if verified
in accordance with rules and orders made under section 9.

Sentence on conviction at retrial

2. (1) Where a person ordered to be retried is again convicted on

retrial, the court before which he is convicted may pass in
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 Criminal Procedure Ordinance

Schedule 6 S6-4
Cap. 221

respect of the offence any sentence authorized by law.

(2) Without prejudice to its power to impose any other sentence,
the court before which an offender is convicted on retrial may
pass in respect of the offence any sentence passed in respect
of that offence on the original conviction notwithstanding
that, on the date of the conviction on retrial, the offender
has ceased to be of an age at which such a sentence could
otherwise be passed.
(3) Where the person convicted on retrial is sentenced to
imprisonment or other detention, the sentence shall begin to
run from the time when a like sentence passed at the original
trial would have begun to run; but in computing the term
of his sentence or the period for which he may be detained
thereunder, as the case may be, there shall be disregarded—
(a) any time before his conviction on retrial which would
have been disregarded in computing that term or period
if the sentence had been passed at the original trial and
the original conviction had not been quashed; and
(b) any time during which he was at large after being
admitted to bail under section 83F(2).
(4) Section 67A shall apply to any sentence imposed on
conviction on retrial as if it had been imposed on the original
conviction.
(5) In this paragraph sentence (刑罰) has the meaning assigned
by section 80.
(Added 34 of 1972 s. 20)
[cf. 1968 c. 19 Sch. 2 U.K.]

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 Criminal Procedure Ordinance

Schedule 7 S7-2
Cap. 221

Schedule 7
[s. 83N]
(Amended 58 of 1994 s. 4)

Application of Part IV of Mental Health Ordinance

where order made under section 83N
(Format changes—E.R. 1 of 2018)

Order for custody pending trial

1. Where an order is made by the Court of Appeal under section

83N(3) of this Ordinance for a person to be kept in custody
pending trial, sections 52A, 53, 54 and 54A of the Mental Health
Ordinance (Cap. 136), shall apply to him as they apply to the
persons listed in section 53(2)(a) to (d) of the Mental Health
Ordinance (Cap. 136). (Amended 46 of 1988 s. 33)

Order for continued detention under Mental Health Ordinance

2. Where an order is made by the Court of Appeal under section

83N(3) of this Ordinance for a person’s continued detention under
the Mental Health Ordinance (Cap. 136), Part IV of that Ordinance
(admission of patients concerned in criminal proceedings and
transfer of patients under sentence) shall apply to him as if he had
been ordered under the said subsection (3) to be kept in custody
pending trial and were detained in pursuance of a transfer order or
an order under section 54A of that Ordinance.
(Added 34 of 1972 s. 20. Amended 37 of 1973 s. 7)
[cf. 1968 c. 19 Sch. 3 U.K.]

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 Criminal Procedure Ordinance

Schedule 8 S8-2
Cap. 221

Schedule 8
[s. 113B]

Level of Fines for Offences

(Format changes—E.R. 1 of 2018)
Level 1 $2,000
Level 2 $5,000
Level 3 $10,000
Level 4 $25,000
Level 5 $50,000
Level 6 $100,000
(Added 58 of 1994 s. 3)

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