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Application of s. 154 to committal proceedings. District Court and summary trials.
[1976 c. 82. s. 3.] (Cap. 227.) (Cap. 236.)
Anonymity of complainants in rape etc. cases. (1976 c. 82. s. 4.)
CAP. 200 Crimes [1984 Ed.
155. (1) Where, on a hearing under Part III of the Magistrates Ordinance, a magistrate inquires into a rape offence or indecent assault, then, except with the consent of the magistrate, evidence shall not be adduced and a question shall not be asked at the hearing which, if the hearing were a trial at which a person is charged with a rape offence or indecent assault and each of the accused at the hearing were charged at the trial with the offences of which he is accused at the hearing, could not be adduced or asked without leave in pursuance of section 154. (Amended, 32 of 1979, s. 3)
(2) On an application for consent in pursuance of subsection (1) for any evidence or question the magistrate shall-
(a) refuse the consent unless he is satisfied that leave in respect of the evidence or question would be likely to be given at a relevant trial;
(b) give the consent if he is so satisfied.
(3) Where a person charged with a rape offence or indecent assault is tried for that offence either in the District Court or summarily before a magistrate under Part V of the Magistrates Ordinance or in a juvenile court under the Juvenile Offenders Ordinance section 154 shall have effect in relation to the trial as if (Amended, 32 of 1979, s. 3)
(a) the words "in the absence of the jury" in subsection (2) thereof were omitted; and
(b) for any reference to the judge there were substituted-
(i) in the case of a trial in the District Court, a reference to the District Judge before whom the trial takes place;
(ii) in the case of a trial before a magistrate, a reference to the magistrate;
(iii) in the case of a trial in a juvenile court, a reference to the juvenile court.
(Added, 25 of 1978, s. 4)
156. (1) Subject to subsection (9)(a), after an allegation is made that a rape offence or an indecent assault has been committed no matter likely to lead members of the public to identify a woman as the complainant in relation to that allegation shall either be published in Hong Kong in a written publication available to the public or be broadcast in Hong Kong except as authorized by a direction given in pursuance of this section.
(2) If, before the commencement of a trial at which a person is charged with a rape offence or indecent assault, he or another person against whom the complainant may be expected to give evidence at the trial applies to a judge for a direction in pursuance of this subsection and satisfies the judge-
(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial; and