1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 40

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Criminal Procedure

[CAP. 221

appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict that the accused person is not guilty by reason of insanity.

(Replaced, 34 of 1972, s. 13)

[cf. U.K. 1964 c. 84, s. 1; 1883 c. 38, s. 2]

Unfitness to plead

75. (1) Where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused person is under disability, the following provisions shall have effect.

(2) The court, if having regard to the nature of the supposed disability is of opinion that it is expedient so to do and in the interests of the accused person, may postpone consideration of the said question (hereinafter referred to as "the question of fitness to be tried") until any time up to the opening of the case for the defence, and if before the question of fitness to be tried falls to be determined the jury return a verdict of acquittal on the count or each of the counts on which the accused person is being tried that question shall not be determined.

(3) Subject to subsection (2), the question of fitness to be tried shall be determined as soon as it arises.

(4) The question of fitness to be tried shall be determined by a jury; and-

(a) where it falls to be determined on the arraignment of the accused person, then if the trial proceeds the accused person shall be tried by a jury other than that which determined that question;

(b) where it falls to be determined at any later time it shall be determined by a separate jury or by the jury by whom the accused person is being tried, as the court may direct.

(5) Where in accordance with subsection (2) or (3) it is determined that the accused person is under disability, the trial shall not proceed or further proceed.

(6) In this section "verdict of acquittal" does not include a special verdict that the accused person is not guilty by reason of insanity. [cf. U.K. 1964 c. 84, s. 8(2)]

(Replaced, 34 of 1972, s. 13) [cf. U.K. 1964 c. 84, s. 4]

Orders for admission to hospital

76. (1) Where-

(a) a special verdict that the accused person is not guilty by reason of insanity is returned; or

(b) a finding is recorded that the accused person is under disability,

the court shall make an order that the accused person be admitted to the Correctional Services Department Psychiatric Centre or such mental hospital as may be specified by the Governor.

Page 40

Page 41

CAP. 221]

Edit History

2026-05-04 12:34:35 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

1988 Ed.] Criminal Procedure [CAP. 221 39 appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict that the accused person is not guilty by reason of insanity. (Replaced, 34 of 1972, s. 13) [cf. U.K. 1964 c. 84, s. 1; 1883 c. 38, s. 2] Unfitness to plead 75. (1) Where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused person is under disability, the following provisions shall have effect. (2) The court, if having regard to the nature of the supposed disability is of opinion that it is expedient so to do and in the interests of the accused person, may postpone consideration of the said question (hereinafter referred to as "the question of fitness to be tried") until any time up to the opening of the case for the defence, and if before the question of fitness to be tried falls to be determined the jury return a verdict of acquittal on the count or each of the counts on which the accused person is being tried that question shall not be determined. (3) Subject to subsection (2), the question of fitness to be tried shall be determined as soon as it arises. (4) The question of fitness to be tried shall be determined by a jury; and- (a) where it falls to be determined on the arraignment of the accused person, then if the trial proceeds the accused person shall be tried by a jury other than that which determined that question; (b) where it falls to be determined at any later time it shall be determined by a separate jury or by the jury by whom the accused person is being tried, as the court may direct. (5) Where in accordance with subsection (2) or (3) it is determined that the accused person is under disability, the trial shall not proceed or further proceed. (6) In this section "verdict of acquittal" does not include a special verdict that the accused person is not guilty by reason of insanity. [cf. U.K. 1964 c. 84, s. 8(2)] (Replaced, 34 of 1972, s. 13) [cf. U.K. 1964 c. 84, s. 4] Orders for admission to hospital 76. (1) Where- (a) a special verdict that the accused person is not guilty by reason of insanity is returned; or (b) a finding is recorded that the accused person is under disability, the court shall make an order that the accused person be admitted to the Correctional Services Department Psychiatric Centre or such mental hospital as may be specified by the Governor. Page 40 Page 41 40 CAP. 221]

Baseline (Original)

I 1988 Ed.] Criminal Procedure [CAP. 221 39 appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict that the accused person is not guilty by reason of insanity. (Replaced, 34 of 1972, s. 13) [cf. U.K. 1964 c. 84, s. 1; 1883 c. 38, s. 2] Unfitness to plead 75. (1) Where on the trial of a person the question arises (at the instance of the defence or otherwise) whether the accused person is under disability, the following provisions shall have effect. (2) The court, if having regard to the nature of the supposed disability is of opinion that it is expedient so to do and in the interests of the accused person, may postpone consideration of the said question (hereinafter referred to as "the question of fitness to be tried") until any time up to the opening of the case for the defence, and if before the question of fitness to be tried falls to be determined the jury return a verdict of acquittal on the count or each of the counts on which the accused person is being tried that question shall not be determined. (3) Subject to subsection (2), the question of fitness to be tried shall be determined as soon as it arises. (4) The question of fitness to be tried shall be determined by a jury; and- (a) where it falls to be determined on the arraignment of the accused person, then if the trial proceeds the accused person shall be tried by a jury other than that which determined that question; (b) where it falls to be determined at any later time it shall be determined by a separate jury or by the jury by whom the accused person is being tried, as the court may direct. (5) Where in accordance with subsection (2) or (3) it is determined that the accused person is under disability, the trial shall not proceed or further proceed. (6) In this section "verdict or acquittal" does not include a special verdict that the accused person is not guilty by reason of insanity. [cf. U.K. 1964 c. 84, s. 8(2)] (Replaced, 34 of 1972, s. 13) [cf. U.K. 1964 c. 84, s. 4] Orders for admission to hospital 76. (1) Where- (a) a special verdict that the accused person is not guilty by reason of insanity is returned; or (b) a finding is recorded that the accused person is under disability, the court shall make an order that the accused person be admitted to the Correctional Services Department Psychiatric Centre or such mental hospital as may be specified by the Governor. Page 40Page 41 40 CAP. 221]

2026-05-04 12:34:35 · Baseline

View content