1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

Criminal Procedure.

Referring back of case.

[CAP. 221

Power to refer back case dealt with summarily.

11. If, after the receipt of the documents relating to the case, the Attorney General is of the 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.

[12

12. (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 reopen 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 reopened and dealt with in all respects as if the accused person had not been committed for trial.

Power to refer back for further inquiry.

Further provisions as to referring back.

13. (1) Any direction given by the Attorney General under section 11 or 12 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 Commissioner of Prisons.

(4) When the Attorney General directs that a case shall be dealt with summarily under section 11 or that an inquiry shall be reopened under section 12, 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...

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Criminal Procedure. Referring back of case. [CAP. 221 Power to refer back case dealt with summarily. 11. If, after the receipt of the documents relating to the case, the Attorney General is of the 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. [12 12. (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 reopen 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 reopened and dealt with in all respects as if the accused person had not been committed for trial. Power to refer back for further inquiry. Further provisions as to referring back. 13. (1) Any direction given by the Attorney General under section 11 or 12 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 Commissioner of Prisons. (4) When the Attorney General directs that a case shall be dealt with summarily under section 11 or that an inquiry shall be reopened under section 12, 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...
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" Criminal Procedure. Referring back of case. [CAP. 221 Power to refer back dealt with jud to 11. If, after the receipt of the documents relating to the case, the Attorney General is is of opinion that the accused to be person should not have been committed for trial but that summarily. the case should have been dealt with summarily, the 1954 5.4 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 direc- tions as he may think proper. A [12 12. (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 docu- ments to the magistrate with directions to reopen 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. [13 (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 reopened and dealt with in all respects as if the accused person had not been committed for trial. Power to for further refer back inquiry. flq og Further provisions 13. (1) Any direction given by the Attorney General under section I I or 12 shall be in writing, signed as to refer- 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. ring back. (3) A copy of any such direction shall be forthwith transmitted by the Attorney General to the Registrar, and ps4.6. 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 Commissioner of Prisons. (4) When the Attorney General directs that a case shall be dealt with summarily under section II or that an inquiry shall be reopened under section 12, the following provisions shall have effect- (a) where the accused person is in custody, the magistrate may, by an order in writing under his 143
2026-05-03 19:49:33 · Baseline
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"

Criminal Procedure.

Referring back of case.

[CAP. 221

Power to

refer back

dealt with

jud to 11. If, after the receipt of the documents relating to the case, the Attorney General is

is of

opinion that the accused to be person should not have been committed for trial but that summarily. the case should have been dealt with summarily, the 1954 5.4 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 direc- tions as he may think proper.

A

[12

12. (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 docu- ments to the magistrate with directions to reopen 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. [13

(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 reopened and dealt with in all respects as if the accused person had not been committed for trial.

Power to for further

refer back

inquiry.

flq og

Further

provisions

13. (1) Any direction given by the Attorney General under section I I or 12 shall be in writing, signed as to refer- 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.

ring back.

(3) A copy of any such direction shall be forthwith transmitted by the Attorney General to the Registrar, and ps4.6. 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 Commissioner of Prisons.

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

(a) where the accused person is in custody, the magistrate may, by an order in writing under his

143

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