1988 Ed.]
Complex Commercial Crimes
[CAP. 394
5
(7) Subject to section 65D(3) of the Criminal Procedure Ordinance, no court shall inquire into whether or not the requirements of subsections (3), (4), (5) and (6) have been complied with.
No appeal against or questioning of decision or order
5.
Neither a decision of the Attorney General to apply for an order of transfer nor an order of transfer shall be subject to appeal or liable to be questioned in any court.
Summary of evidence
6.
The Attorney General shall, within 7 days after the date of the making of the order of transfer, serve on the accused and deliver to the Registrar, for the purposes of section 9(1), a summary of the evidence on which each charge to which section 3(1) relates is based.
Custody or bail pending trial
7.
(1) Where the accused is in custody when an order of transfer is made, the magistrate may-
(a) order that he be kept in custody until such date as the court may require him to stand his trial; or
(b) release him on bail in any case where he has power to admit a person charged with an indictable offence to bail under the Magistrates Ordinance (Cap. 227).
(2) Where the accused is on bail when an order of transfer is made any requirement that he must appear before the magistrate on a return day shall cease upon the making of the order and he shall instead be required to appear before the High Court on the day fixed by the Registrar for the commencement of the trial.
(3) If a magistrate orders that the accused be kept in custody under this section he shall inform him of his right to apply to a judge for bail.
(4) In subsection (2) "return day" means the day appointed as such under section 80A(1) or (2) of the Magistrates Ordinance or a day to which proceedings are adjourned under section 80B(6) thereof.
Indictment
Indictment
8. (1) Where proceedings are transferred to the court under section 4, the Attorney General shall sign and serve on the accused and deliver to the Registrar an indictment setting forth the count or counts preferred against the accused.
(2) The indictment shall be served on the accused and delivered to the Registrar within 7 days after the date of the making of the order of transfer.
1988 Ed.]
Complex Commercial Crimes
[CAP. 394
5
(7) Subject to section 65D(3) of the Criminal Procedure Ordinance, no court shall inquire into whether or not the requirements of subsections (3), (4), (5) and (6) have been complied with.
No appeal against or questioning of decision or order
5.
Neither a decision of the Attorney General to apply for an order of transfer nor an order of transfer shall be subject to appeal or liable to be questioned in any court.
Summary of evidence
6.
The Attorney General shall, within 7 days after the date of the making of the order of transfer, serve on the accused and deliver to the Registrar, for the purposes of section 9(1), a summary of the evidence on which each charge to which section 3(1) relates is based.
Custody or bail pending trial
7.
(1) Where the accused is in custody when an order of transfer is made, the magistrate may-
(a) order that he be kept in custody until such date as the court may
require him to stand his trial; or
(b) release him on bail in any case where he has power to admit a person charged with an indictable offence to bail under the Magistrates Ordinance (Cap. 227).
(2) Where the accused is on bail when an order of transfer is made any requirement that he must appear before the magistrate on a return day shall cease upon the making of the order and he shall instead be required to appear before the High Court on the day fixed by the Registrar for the commencement of the trial.
(3) If a magistrate orders that the accused be kept in custody under this section he shall inform him of his right to apply to a judge for bail.
(4) In subsection (2) "return day" means the day appointed as such under section 80A(1) or (2) of the Magistrates Ordinance or a day to which proceedings are adjourned under section 80B(6) thereof.
Indictment
Indictment
8. (1) Where proceedings are transferred to the court under section 4, the Attorney General shall sign and serve on the accused and deliver to the Registrar an indictment setting forth the count or counts preferred against the accused.
(2) The indictment shall be served on the accused and delivered to the Registrar within 7 days after the date of the making of the order of transfer.
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