Criminal Procedure
[CAP. 221
17
(b) subject to any order under paragraph (a), the Attorney General 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.
(3) The judge may after perusal of the documents and after hearing any representations which the accused and the Attorney General may wish to make, direct that the accused shall not be arraigned on the charge, and direct that he be discharged.
(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 his powers under section 9 the Chief Justice may make rules under that section for regulating and restricting written or broadcast reports of proceedings under this section or section 81E.
(8) Section 87A(8) and (9) of the Magistrates Ordinance 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
Signing of indictments
17. (1) Every indictment shall be signed by the Attorney General, and shall bear date on the day when it is signed.
(2) [Repealed 35 of 1976, s. 6]
Joinder of charges in the same indictment
18. (1) Subject to the provisions of the rules under this Ordinance, charges for more than one felony or for more than one misdemeanor, and charges for both felonies and misdemeanors, may be joined in the same indictment, but where a felony is tried together with any misdemeanor the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies.
(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. U.K. 1915 c. 90, s. 4]