1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 13

12

CAP. 221]

?

Criminal Procedure

[1988 Ed.

the case 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. (Amended, I of 1912, Schedule and 6 of 1954, s. 5)

(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.

Further provisions as to referring back

12. (1) Any direction given by the Attorney General under section 10 or II 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) The Attorney General shall transmit forthwith copies of any such direction to the Registrar and to the Commissioner of Correctional Services, and on receipt of a copy of any such direction, the Registrar shall transmit to the committing magistrate all documents in the case that are in his possession or control. (Replaced, 6 of 1954, s. 6)

(4) When the Attorney General directs that a case shall be dealt with summarily under section 10 or that an inquiry shall be reopened under sec- tion 11, 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, direct the Commissioner of Correc- tional Services to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct;

(b) where the accused person is on bail, the magistrate shall issue a summons for his attendance at the time and place when and where such proceedings are to be held; and

(c) thereafter the proceedings shall be continued under the provisions of Part III or of Part V of the Magistrates Ordinance (Cap. 227), as the case may be.

(Amended, 50 of 1911, s. 4 and 5 of 1924, s. 8)

Bail

Power to bail accused person

12A. The court or a judge may at any time, on the application of any accused person, order such person, whether he has been committed for trial or not, to be admitted to bail, and the recognizance of bail may, if the order so directs, be taken before any magistrate or justice of the peace or before the Commissioner of Correctional Services, the Deputy Commissioner of Correc- tional Services or a senior superintendent or superintendent of Correctional Services.

(Amended, 11 of 1968, Schedule and 8 of 1979, s. 2)