TNAG-1704-FCO40-2376-Crime-and-sentencing-in-Hong-Kong-various-ordinances-1988 — Page 19

(6) The judge may after perusal of the documents and

evidence (if any) referred to in subsection (5) and any

representations which the accused and the prosecutor may

wish to make, direct that the accused be discharged.

(7) Subject to section 81E(3) of the Criminal

Procedure Ordinance where a person is discharged under this

section he shall be treated as having been tried on

indictment and acquitted.

(Cap. 221.)

(8) An accused who has made an application under

subsection (1) and thereafter abandons or does not proceed

with his application, may not make a further application or

have the application previously made by him reinstated.

(9) Section 81E of the Criminal Procedure Ordinance

shall apply where a person has been discharged under this

section.

(10) The hearing of an application under this section

shall, subject to rules of court, be heard in open court.

(Cap. 221 sub. leg.)

(11) In the absence of any rules made by the Chief

Justice under this Ordinance with respect to applications

under this section, the Criminal Procedure (Application

under Section 16) Rules shall apply and in such application

the reference to an application under section 16 shall be

read and construed as an application under this section.

CONFIDENTIAL