TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 32

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Notice of alibi. 1967, c.80, s. 11.

65D. (1) On a trial on indictment the defendant

shall not without the leave of the court adduce

evidence in support of an alibi unless, before the

end of the prescribed period, he gives notice of

particulars of the alibi.

(2) Without prejudice to subsection (1), on any

such trial the defendant shall not without the leave

of the court call any other person to give evidence

in support of an alibi unless

(a) the notice under subsection (1) includes the

name and address of the witness or, if the

name and address is not known to the

defendant at the time he gives the notice,

any information in his possession which

might be of material assistance in finding

the witness;

(b)

if the name or the address is not included

in that notice, the court is satisfied that

the defendant, before giving the notice,

took and thereafter continued to take all

reasonable steps to secure that the name or

address would be ascertained;

(c) if the name or the address is not included

in that notice, but the defendant subse-

quently discovers the name or address or

receives other information which might be of