1953-HKRS29-8-20_Part01 — Page 13

Addition

3. The principal Ordinance is amended by the insertion Part IIIA after Part III of the following new Part-

of new

to Cap.

227.

الية السيل

Transfer

of certain indictable attonces.

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 Ordinaape, 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 magistrate shall, upon application made by ocion behalf of the Attorney General, make an order transferring the charge or complaint to the District Court,

(2) An application under subsection (1) maz; be' made either orally in open court or in writing,

878. (1) An order of transfer shall operates a stay of proceedings before the magistrate 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.

87G. (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

(c) 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) shall apply, mutalis 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

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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."

1

The Schedule to the principal Ordinance is amended Amendment of Schedule by the addition after Part II of the following Part-

to Cap.

[s. 87A.]

(Caps, 210, 212 & 238).

(Cap. 218).

I.

"PART H

Any offence which is punistrable with death.

2. Any offence which is punishable with im- prisonment with hard labour for life, except an offence against section 40 or 42 of the Larceny Ordinance or section 17 of the Offences against the Person Ordinance or an offence punishable under section 29 of the Arms and Ammunition Ordinance.

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-

Deputy erk of Councils.