16
CAP. 221]
Criminal Procedure
[1988 Ed.
(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; and
(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). (Replaced, 48 of 1983, s. 4)
Right of Attorney General not to prosecute
15. (1) The Attorney General 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 Attorney General 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 the First Schedule 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 the First Schedule, 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 and 17 of 1930, s. 4)
(Amended, 8 of 1912, s. 52)
Discharge of accused
Discharge of accused after committal without a hearing
16. (1) Where the accused was committed for trial under section 80C(4) of the Magistrates Ordinance (Cap. 227) he may at any time-
(a) if the Attorney General does not institute proceedings within the period specified in section 14(1)(a), after the expiration of that period;
or
(b) after the filing of the indictment and prior to his arraignment thereon, (Amended, L.N. 395/83)
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, as read with any further evidence the Attorney General 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.
(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 Attorney General to file indictment within such time, and on such terms (if any) as to costs as may be specified in the order;