(
1988 Ed.]
Criminal Procedure
[CAP. 221
13
Restriction on multiple bail applications
12B. If an accused person is refused or denied bail by the court or a judge, he shall not thereafter be entitled to make a fresh application for bail-
(a) before the commencement of his trial, except to the court or a judge and only if he satisfies the court or judge that since the refusal or denial there has been a material change in relevant circumstances; or
(b) during his trial, except to the court conducting his trial.
(Added, 8 of 1979, s. 2)
Application by Attorney General for review
12C. (1) Where a District Judge or magistrate has admitted or directed the admission of an accused person to bail, or a magistrate has released or directed the release of an appellant from custody under section 119 of the Magistrates Ordinance (Cap. 227), the Attorney General may apply to a judge to review the decision of the District Judge or magistrate.
(2) Subject to section 13(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 accused person or appellant at any time before the time appointed therein for the hearing.
(4) On the hearing of the application the Attorney General 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 the magistrate who made the decision, and the accused person or appellant shall also be entitled to be heard.
(5) Notwithstanding subsection (4), a judge may hear and determine the application in the absence of the accused person or appellant if he is satisfied that the accused person or appellant 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 accused person or appellant, he may re-hear 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) Where in the absence of the accused person or appellant, a judge has revoked the admission to bail or release from custody of the accused person or appellant, he shall issue a warrant for the arrest and detention of the accused person or appellant.
(9) No appeal shall lie from the decision of a judge on an application under this section.
(Added, 8 of 1979, s. 2)