1923_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

887

Referring back of case.

12. If, after the receipt of the documents relating to the case, the Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the Attorney General may, at any time after such receipt, refer back such documents to the magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper.

13.—(1) At any time after the receipt of the documents relating to the case and before the trial of the accused person, the Attorney General may refer back such documents to the magistrate with directions to re-open the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such other directions as he may think proper.

(2) Subject to any express directions which may be given by the Attorney General, the effect of any such reference back to the magistrate shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial.

14.—(1) Any direction given by the Attorney General under section 12 or section 13 shall be in writing, signed by him, and shall be complied with by the magistrate.

(2) The Attorney General may at any time add to, alter, or revoke any such direction.

(3) A copy of any such direction shall be forthwith transmitted by the Attorney General to the Registrar, and shall be filed by the Registrar with the copy of the documents in the case, if any, transmitted to him by the magistrate.

(4) When the Attorney General directs that a case shall be dealt with summarily under section 12 or that an inquiry shall be re-opened under section 13, the following provisions shall have effect:

(a) where the accused person is in custody, the magistrate may, by an order in writing under his hand, direct the Superintendent of Prison to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct;

* As amended by Law Rev. Ord., 1924.

*

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CRIMINAL PROCEDURE. No. 9 of 1899. 887 Referring back of case. 12. If, after the receipt of the documents relating to the case, the Attorney General is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the Attorney General may, at any time after such receipt, refer back such documents to the magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper. 13.—(1) At any time after the receipt of the documents relating to the case and before the trial of the accused person, the Attorney General may refer back such documents to the magistrate with directions to re-open the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such other directions as he may think proper. (2) Subject to any express directions which may be given by the Attorney General, the effect of any such reference back to the magistrate shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial. 14.—(1) Any direction given by the Attorney General under section 12 or section 13 shall be in writing, signed by him, and shall be complied with by the magistrate. (2) The Attorney General may at any time add to, alter, or revoke any such direction. (3) A copy of any such direction shall be forthwith transmitted by the Attorney General to the Registrar, and shall be filed by the Registrar with the copy of the documents in the case, if any, transmitted to him by the magistrate. (4) When the Attorney General directs that a case shall be dealt with summarily under section 12 or that an inquiry shall be re-opened under section 13, the following provisions shall have effect: (a) where the accused person is in custody, the magistrate may, by an order in writing under his hand, direct the Superintendent of Prison to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct; * As amended by Law Rev. Ord., 1924. *
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CRIMINAL PROCEDURE. No. 9 of 1899. 887 Referring back of case. case to be 12. If, after the receipt of the documents relating to the Power to case, the Attorney General is of opinion that the accused General to person should not have been committed for trial but that the refer back case should have been dealt with summarily, the Attorney dealt with General may, at any time after such receipt, refer back such summarily. documents to the magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper. further 13.-(1) At any time after the receipt of the documents Power to refer relating to the case and before the trial of the accused back case for person, the Attorney General may refer back such documents inquiry. to the magistrate with directions to re-open the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such other directions as he may may think proper. (2) Subject to any express directions which may be given by the Attorney General, the effect of any such reference back to the magistrate shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial. provisions as 14.-(1) Any direction given by the Attorney General Further under section 12 or section 13 shall be in writing, signed by to referring him, and shall be complied with by the magistrate. (2) The Attorney General may at any time add to, alter, or revoke any such direction. (3) A copy of any such direction shall be forthwith trans- mitted by the Attorney General to the Registrar, and shall be filed by the Registrar with the copy of the documents in the case, if any, transmitted to him by the magistrate. (4) When the Attorney General directs that a case shall be dealt with summarily under section 12 or that an inquiry shall be re-opened under section 13, the following provisions shall have effect: (a) where the accused person is in custody, the magistrate may, by an order in writing under his hand, direct the Superintendent of Prison to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct; * As amended by Law Rev. Ord., 1924. back of case. *
2026-05-03 08:56:21 · Baseline
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CRIMINAL PROCEDURE.

No. 9 of 1899.

887

Referring back of case.

case to be

12. If, after the receipt of the documents relating to the Power to case, the Attorney General is of opinion that the accused General to person should not have been committed for trial but that the refer back case should have been dealt with summarily, the Attorney dealt with General may, at any time after such receipt, refer back such summarily. documents to the magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper.

further

13.-(1) At any time after the receipt of the documents Power to refer relating to the case and before the trial of the accused back case for person, the Attorney General may refer back such documents inquiry. to the magistrate with directions to re-open the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such other directions as he may

may think proper.

(2) Subject to any express directions which may be given by the Attorney General, the effect of any such reference back to the magistrate shall be that the inquiry shall be re-opened and dealt with in all respects as if the accused person had not been committed for trial.

provisions as

14.-(1) Any direction given by the Attorney General Further under section 12 or section 13 shall be in writing, signed by to referring him, and shall be complied with by the magistrate.

(2) The Attorney General may at any time add to, alter, or revoke any such direction.

(3) A copy of any such direction shall be forthwith trans- mitted by the Attorney General to the Registrar, and shall be filed by the Registrar with the copy of the documents in the case, if any, transmitted to him by the magistrate.

(4) When the Attorney General directs that a case shall be dealt with summarily under section 12 or that an inquiry shall be re-opened under section 13, the following provisions shall have effect:

(a) where the accused person is in custody, the magistrate may, by an order in writing under his hand, direct the Superintendent of Prison to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct;

* As amended by Law Rev. Ord., 1924.

back of case.

*

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