Addition
of new Part IIIA to Cap.
027.
3. The principal Ordinance is amended by the insertion after Part III of the following new Part-
3
of the powers of the District Court to enforce the attendance of a person accused of an indictable offence in respect of which the charge or complaint has been transferred to that court."
11
Transfer
of certain indictable offuntes.
Effect of order of transfer.
Procedure
on making
"PART HA.
TRANSFER OF INDICTABLE OFFENCES TO THE DISTRICT Court.
87A. (1) Notwithstanding anything contained in any other provision of this Ordinance, whenever any person is accused before a magistrate of any indict able offence not included in any of the categories specified in Part III of the Schedule. The gistrate shall, upon application made by or on behalf of the Attorney General, make an order transferring the charge or complaint to the District Court,
(2) An application under subsection (†), may be made either orally in open court or in writing,
878, (1) An order of transfer shall operate ms a stay of proceedings before the magistrale touching : the charge or complaint to which the order refers and all process relating to the transferred charge or com- plaint shall be transmitted to the District Court.
(2) An order of transfer shall not be subject to appeal.
87C. (1) Upon making an order of transfer
an order of under section 87A, a magistrate shall— transfer.
(a) appoint a day whereon the accused person is to appear or be brought before the District Court;
(b) remand the accused person in prison custody
or admit him to bail; and
(e) inform the accused person of the effect of the
order of transfer.
(2) The provisions of section 78 (which relates to a magistrate's power to remand an accused person) shail apply, mutatis mutandis, in relation to the exercise by a magistrate of the powers conferred by paragraph (b) of subsection (1), but the application. of such provisions shall be without prejudice to any
•
The Schedule to the principal Ordinance is amended Amendment by the addition after Part II of the following Part-
of Schedule to Cap. 227
[s. 87A.]
I.
2.
"PART HE
Any offence which is punishable with death.
Any offence which is punishable with im- prisonment with hard labour for life, except an offence (Capt. 210, against section 40 or 42 of the Larceny Ordinance or 212 & 238). section 17 of the Offences against the Person Ordinance or an offence punishable under section ag of the Arms and Ammunition Ordinance.
(Cap. 218).
3. Any felony mentioned in the Suppression of Piracy Ordinance.
4.
Misprision of treason.
5. Any offence against the Queen's title, pre- rogative, person or government.
$.
6. Blasphemy and offences against religion.
7. Composing, printing or publishing blas- phemous, seditious or defamatory libels,
Passed the Legislative Council of Hong Kong, this 14th day of January, 1953-
Clerk
Deputy jerk of Councils.