1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 12

1988 Ed.]

Criminal Procedure

[CAP. 221

11

(2) The expenses of legal aid granted under such rules shall be met from moneys provided by the Legislative Council.

(Added, 15 of 1969, s. 3) (See also Cap. 91, s. 28(2))

Rules for payment of allowance to witnesses

9B. (1) The Chief Justice may, with the approval of the Legislative Council, make rules providing for the payment of an allowance to witnesses in criminal proceedings before any court, and such rules may, in particular, provide for

(a) the classification of witnesses;

(b) the payment of different rates of allowance to different classes of

witnesses; and

(c) the rate of allowance which may be paid to witnesses in a particular

class.

(2) The expenses of the allowances paid under such rules shall be met from moneys provided by the Legislative Council.

(3) In this section---

(a) "court" includes the District Court and a magistrate;

(b) "witness" means any person properly attending a court to give evidence, whether or not called to give evidence at the instance of the court, and whether or not he gives evidence, but does not include a person who is-

(i) the complainant or defendant; or (ii) a public officer.

(Added, 56 of 1971, s. 2)

PART II

PROCEEDINGS PRELIMINARY TO TRIAL

Referring back of case

Power to refer back to be dealt with summarily

10. If after receipt of the documents referred to in section 86(1) of the Magistrates Ordinance (Cap. 227) the Attorney General is of 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 the case to the magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper.

(Amended, 1 of 1912, Schedule and 6 of 1954, s. 4)

Power to refer back for further inquiry

11. (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