1937_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

559

may, at any time after such receipt, refer back such documents dealt with 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. A copy of any such direction shall also be transmitted by the Attorney General to the Superintendent of Prisons.

(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 Prisons 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;

(b) where the accused person is on bail, the magistrate shall

* As amended by No. 17 of 1930 [17.10.30].

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CRIMINAL PROCEDURE. No. 9 of 1899. 559 may, at any time after such receipt, refer back such documents dealt with 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. A copy of any such direction shall also be transmitted by the Attorney General to the Superintendent of Prisons. (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 Prisons 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; (b) where the accused person is on bail, the magistrate shall * As amended by No. 17 of 1930 [17.10.30]. Page 5 Page 6
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CRIMINAL PROCEDURE. No. 9 of 1899. 559 may, at any time after such receipt, refer back such documents dealt with to the magistrate with directions to deal with the case accord- summarily. ingly, and with such other directions as he may think proper. refer back 13.—(1) At any time after the receipt of the documents Power to person, case for relating to the case and before the trial of the accused the Attorney General may refer back such documents to the further inquiry. 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. provisions 14. (1) Any direction given by the Attorney General under Further 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 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. A copy of any such direction shall also be transmitted by the Attorney General to the Superintendent of Prisons. (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 Super- intendent of Prisons 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; (b) where the accused person is on bail, the magistrate shall * As amended by No. 17 of 1930 [17.10.30]. as to refer- ring back of case. Page 5Page 6
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CRIMINAL PROCEDURE.

No. 9 of 1899.

559

may, at any time after such receipt, refer back such documents dealt with to the magistrate with directions to deal with the case accord- summarily. ingly, and with such other directions as he may think proper.

refer back

13.—(1) At any time after the receipt of the documents Power to

person, case for relating to the case and before the trial of the accused the Attorney General may refer back such documents to the further inquiry. 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.

provisions

14. (1) Any direction given by the Attorney General under Further 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 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. A copy of any such direction shall also be transmitted by the Attorney General to the Superintendent of Prisons.

(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 Super- intendent of Prisons 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;

(b) where the accused person is on bail, the magistrate shall

* As amended by No. 17 of 1930 [17.10.30].

as to refer- ring back of

case.

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