TNAG-1832-FCO40-2600-Hong-Kong-Complex-Commercial-Crimes-Ordinance-1988-(No.-57-o-1988 — Page 63

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

14

(Cap. 221)

Costs

Application of

Criminal

Procedure

Ordinance

(Cap. 221)

Rules and orders as to practice and procedure

False written statements in criminal proceedings (Cap. 200)

COMPLEX COMMERCIAL CRIMES BILL 1988

(a) the prosecution case statement;

(b)

any statement of a witness admitted pursuant to or under section 65B or 65C of the Criminal Procedure Ordinance or section 18 of this Ordinance;

(c) any statement of facts admitted pursuant to section 17;

(d) any document admitted as evidence without further proof pur-

suant to section 17;

(e) the opening and closing speeches of counsel;

(f) any schedules, charts or diagrams;

(g) transcripts of evidence;

(h) the judge's summing up; and

(i) any other document which the judge thinks fit except the defence

response and the defence case statement (if any).

(2) A copy of any statement, speech, schedule, chart, diagram, trans- cript, summing up or other document ordered to be furnished to the jury under subsection (1) may be furnished in any form that the judge considers appropriate.

26. (1) Where in proceedings transferred to the court under section 4 the judge is satisfied that one party to the proceedings has incurred costs as a result of an unnecessary or improper act or omission by or on behalf of another party (including a co-accused) during the proceedings, the judge may make an order as to the payment of those costs.

(2) An order under subsection (1) may-—

(a) be made at any time during the proceedings;

(b) be made subject to conditions as to the time for payment of costs referred to in subsection (1) or requiring them to be paid before other steps are taken in the proceedings; and

(c) award costs on a solicitor and own client basis.

27. (1) Subject to this Ordinance, the Criminal Procedure Ordinance shall apply to proceedings transferred to the court under section 4 with such modifications as may be necessary for that purpose.

(2) Nothing in this Ordinance shall be construed as limiting the powers of the court under the Criminal Procedure Ordinance.

28. The Chief Justice may, with the approval of the Legislative Council, make rules and orders regulating the practice and procedure under this Ordinance.

Consequential Amendments

Crimes Ordinance

29. Section 33 of the Crimes Ordinance is amended--

(a) by repealing "or" at the end of paragraph (a); (b) by adding "or" at the end of paragraph (b); and

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