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Explanatory Memorandum.
This Bill amends the Criminal Procedure Ordinance so as to
introduce into the law of Hong Kong certain provisions of the Criminal
Law Act 1967 and the Criminal Justice Act 1967.
Clause 2 adds to the interpretation section of the principal
This definition was
Ordinance a definition of "arrestable offence".
contained in section 101 of the Ordinance.
· Ordinance.
Clause 3 adds two new sections, 13A and 13B, to the principal
Section 13A provides for the imposition of certain special
conditions when a person is admitted to bail.
Section 13B affords to
the police powers to arrest a person who is in default, or who is reasonably suspected of being about to default, in the terms of his
bail.
Clause 4, which is based on section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933, deals with the circums- tances in which an indictment can be preferred and enables an indictment to be preferred on the charge upon which an accused person was committed or on any other charges founded on facts disclosed in the depositions.
Clause 5 repeals section 51 of the principal Ordinance and
replaces it with two new sections.
The first, section 51, contains
The second,
various provisions relating to the trial of offences.
section 51A, enables a judge to enter a verdict of not guilty without giving the defendant in charge to a jury if the prosecution offers
no evidence.
Clause 6 adds four new sections to the principal Ordinance, based on sections 8, 9, 10, and 11 of. the Criminal Justice Act 1967. (a) Section 65A provides that in determining whether a person
has committed an offence a court shall apply the subjective
test.
(b) Section 65B enables written evidence by a witness to be
admitted to the same extent as oral evidence in all criminal
trials, subject to the right of the party against whom it
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