TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 92

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Ord. No. 37/68. CRIMINAL PROCEDURE (AMENDMENT) (NO. 2)

Criminal proceedings may be held in camera and non- disclosure of identity of witnesses in certain cases.

(2) The Chief Justice may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in any court hearing any criminal proceedings or in any building, or within the curtilage of any building, in which that court sits.

(3) Subsections (1) and (2) shall not apply to a -person who is required to be in any such court or any such building by virtue of his office or profession or an order of a court or who is otherwise required for the purposes of any proceedings, whether civil or criminal, to be in any such court or any such building or to any one person representing a newspaper or news agency.

(4) Any person who contravenes any direction of a judge, District Judge or magistrate under subsection (1) or of the Chief Justice under subsection (2) shall be guilty of an offence and shall be liable on convic- tion to a fine of five thousand dollars and to imprison- ment for six months and may be forcibly removed by any police officer from the court or building or the curtilage of the building, as the case may be.

(5) Notwithstanding any other law, the exclusion of persons from any court or any building by or in accordance with a direction of a judge, District Judge or magistrate under subsection (1) or of the Chief Justice under subsection (2) shall not affect the validity of the proceedings of that court or of any court which sits in that building as the case may be.

(6) Nothing in subsection (1) or (2) shall derogate from or affect the power of any judge, District Judge or magistrate to order the exclusion from the court in which he sits of members of the public where the proper administration of justice so requires.

(7) In this section "court" includes any District Court and any magistrate's court.

123. (1) Notwithstanding any other law- (a) if it appears to a court that it is or may be expedient so to do in the interests of justice or public order or security or for the safety or well-being of a witness or any other person; or

(b) if a court is satisfied on the information of any person or otherwise that a witness is

;