1964_COMPLEX_COMMERCIAL_CRIMES_ORDINANCE — Page 16

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Complex Commercial Crimes

[CAP. 394

Furnishing of documents to jury

24. (1) In proceedings transferred to the court under section 4, the judge may, for the purpose of assisting the jury in their comprehension of the issues, order that copies of any of the following shall be furnished to the jury--

(a) the prosecution case statement and, with the consent of the accused, the defence response;

(b) any statement of a witness admitted pursuant to or under section 65B or 65C of the Criminal Procedure Ordinance (Cap. 221) or section 18 of this Ordinance;

(d) any document admitted as evidence without further proof pursuant 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.

(2) A copy of any statement, speech, schedule, chart, diagram, transcript, 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.

Costs

25. (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); and

Application of Criminal Procedure Ordinance

26. (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.

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1988 Ed.] Complex Commercial Crimes [CAP. 394 15 Furnishing of documents to jury 24. (1) In proceedings transferred to the court under section 4, the judge may, for the purpose of assisting the jury in their comprehension of the issues, order that copies of any of the following shall be furnished to the jury-- (a) the prosecution case statement and, with the consent of the accused, the defence response; (b) any statement of a witness admitted pursuant to or under section 65B or 65C of the Criminal Procedure Ordinance (Cap. 221) 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 pursuant 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. (2) A copy of any statement, speech, schedule, chart, diagram, transcript, 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. Costs 25. (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); and (c) award costs on an indemnity basis. Application of Criminal Procedure Ordinance 26. (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.

Baseline (Original)

•i 1988 Ed.] Complex Commercial Crimes [CAP. 394 15 Furnishing of documents to jury 24. (1) In proceedings transferred to the court under section 4, the judge may, for the purpose of assisting the jury in their comprehension of the issues, order that copies of any of the following shall be furnished to the jury-- (a) the prosecution case statement and, with the consent of the accused, the defence response; (b) any statement of a witness admitted pursuant to or under section 65B or 65C of the Criminal Procedure Ordinance (Cap. 221) 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 pursuant 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. (2) A copy of any statement, speech, schedule, chart, diagram, transcript, 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. Costs 25. (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); and (c) award costs on an indemnity basis. Application of Criminal Procedure Ordinance 26. (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.

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•i

1988 Ed.]

Complex Commercial Crimes

[CAP. 394

Furnishing of documents to jury

(a) the prosecution case statement and, with the consent of the accused,

the defence response;