∙14
CAP. 394]
Complex Commercial Crimes
[1988 Ed.
(5) Where evidence is given in pursuance of leave granted under subsection (3) the prosecutor or the accused, as the case may be, shall be given full opportunity of cross-examining the witness and the accused may cross-examine any such witness whether or not he has been examined by the prosecutor.
(6) In deciding whether to grant an application for discharge under this section the judge shall have regard to-
(a) the documents ordered to be served and delivered under section 13 or, as the case may be, the documents served and delivered under section 21, any depositions served under section 80B(1) of the Magistrates Ordinance (Cap. 227) (and, where the prosecutor has notified the accused that he will seek to have further evidence admitted at the trial, such further evidence);
(b) any evidence given in pursuance of leave granted under subsection (3);
and
(c) any representations which the accused and the prosecutor may wish to make.
(7) The judge may, after consideration of the documents, the evidence (if any) given in pursuance of leave granted under subsection (3) and any representations which the accused and the prosecutor may wish to make, direct that the accused be discharged.
(8) Subject to section 81E(3) of the Criminal Procedure Ordinance (Cap. 221), where a person is discharged under this section he shall be treated as having been tried on indictment and acquitted.
(9) The hearing of an application under this section shall, subject to rules or orders made under this Ordinance, be heard in open court.
(10) In the absence of rules or orders made under this Ordinance with respect to applications under this section, the Criminal Procedure (Applications under Section 16) Rules (Cap. 221, sub. leg.) shall apply thereto with the substitution for references therein to applications under section 16 of references to applications under this section.
(11) Section 19(6) and (7) shall apply to a contravention of the Criminal Procedure (Applications under Section 16) Rules applied under subsection (10) as they apply to a contravention of section 19.
(12) This section shall apply to all proceedings transferred to the court under section 4, whether or not a preparatory hearing is ordered to be held.
Power to extend time
23. (1) Where in proceedings transferred to the court under section 4 the judge is of the opinion that neither the prosecutor nor the accused will be substantially prejudiced thereby, the judge may, on application, extend the time prescribed for the doing of any act under this Ordinance.
(2) Where the prosecutor or the accused fails to comply with the time prescribed for the doing of any act under this Ordinance, the judge may make an order requiring compliance within a stated time.
Page 15
Page 16
∙14
CAP. 394]
Complex Commercial Crimes
[1988 Ed.
(5) Where evidence is given in pursuance of leave granted under subsec- tion (3) the prosecutor or the accused, as the case may be, shall be given full opportunity of cross-examining the witness and the accused may cross-examine any such witness whether or not he has been examined by the prosecutor.
(6) In deciding whether to grant an application for discharge under this section the judge shall have regard to-
(a) the documents ordered to be served and delivered under section 13 or, as the case may be, the documents served and delivered under section 21, any depositions served under section 80B(1) of the Magistrates Ordinance (Cap. 227) (and, where the prosecutor has notified the accused that he will seek to have further evidence admitted at the trial, such further evidence);
(b) any evidence given in pursuance of leave granted under subsection (3);
and
(c) any representations which the accused and the prosecutor may wish to
make.
(7) The judge may, after consideration of the documents, the evidence (if any) given in pursuance of leave granted under subsection (3) and any representations which the accused and the prosecutor may wish to make, direct that the accused be discharged.
(8) Subject to section 81E(3) of the Criminal Procedure Ordinance (Cap. 221), where a person is discharged under this section he shall be treated as having been tried on indictment and acquitted.
(9) The hearing of an application under this section shall, subject to rules or orders made under this Ordinance, be heard in open court.
(10) In the absence of rules or orders made under this Ordinance with respect to applications under this section, the Criminal Procedure (Applications under Section 16) Rules (Cap: 221, sub. leg.) shall apply thereto with the substitution for references therein to applications under section 16 of references to applications under this section.
(11) Section 19(6) and (7) shall apply to a contravention of the Criminal Procedure (Applications under Section 16) Rules applied under subsection (10) as they apply to a contravention of section 19.
(12) This section shall apply to all proceedings transferred to the court under section 4, whether or not a preparatory hearing is ordered to be held.
Power to extend time
23. (1) Where in proceedings transferred to the court under section 4 the judge is of the opinion that neither the prosecutor nor the accused will be substantially prejudiced thereby, the judge may, on application, extend the time prescribed for the doing of any act under this Ordinance.
(2) Where the prosecutor or the accused fails to comply with the time prescribed for the doing of any act under this Ordinance, the judge may make an order requiring compliance within a stated time.
Page 15Page 16
}
میں
No comments yet.
Private notes are available after approval.