Applicadoo
by Attorney General For review.
(Cap. 247)
Custody pendle review,
(Cap. 227)
2
12C. (1) Where a District Judge or magistrate bas 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 Magis- brales Ordinance, the Attorney General may apply to a judge to review the decision of the District Judge or magistrate.
(2) Subject to section 136), au application under sub- section (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 bearing of the application the Attorney General shall be entitled to put before the judge such relevant argumcat and such relevant marter as he thinks proper, whether or not the same was before the District Judge o 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 sammons or that all reason- able attempts have been made to serve the suromons.
(6) Where a judge has heard an application under this section in the absence of the accused person or appellant, he may hear the application if he is satisfied that it is just to do so.
(7) Upon hearing the application, 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.
(3) Where in the absence of the accused person or appellant, a judge has revoked the admission to bal or release from custody of the accused person or appellant, be sball 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.
13. (1) Where a District Judge or magistrate has admitted or directed the admission to bail of an accused person, or a magistrate has released or directed the release of an appellant from custody under section 119 of the Magistrales Ordinance, he shall upon application by ur on behalf of the Attorney General and if the accused person or appellant is present or still in custody, remand the accused person or appellant in custody and order him to be brought before a judge at such time and place as the Registrar may direct
(2) Where a District Judge or magistrate makes an order under subsection (1) he shall immediately notify the Registrar who shall cause the accused person or appellant to be brought before a judge as soon as practicable, and in any event within 48 hours, and inform the Attorney General of the time and place at which that will be done.
(3) When the accused person or appellant is brought before him under this section, a judge may, if he thinks fit, dispense with the requirements of subsections (2) and (3) of section 12C and proceed to hear an application under section 120().
(4) the judge declines to dispense with the require- ment of subsections (2) and (3) of section 12C, he shall order the accuseal persóni or appellant to be kept in custody for such time as he deems sufficient to enable subsections (2) and (3) of section 12C to be complied with, and may make such other order as he thinks just.".
Pussed by the Hong Kong Legislative Counell this 24th day of January, 1979,
Ma
Clerk to the Legislative Couned.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bull.
А
Clerk to the Legislative Councă,
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