1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 81

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 221]

Criminal Procedure

[1988 Ed.

warrant in the book to be kept by him for that purpose and to endorse such pardon or warrant with the word "Recorded" and with his signature. (Amended, 50 of 1911 and 21 of 1912, s. 2)

(2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.

Saving of prerogative of mercy

118. Subject as hereinbefore provided, nothing in this Ordinance shall affect Her Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor.

(Amended, 50 of 1911 and 1 of 1912, Schedule)

Error, etc.

Prohibition of proceedings in error

119. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance.

Interpretation of reference to information

120. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court.

Repeal of rules and orders

121. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever.

Power to exclude public from criminal courts

122. (1) Any judge, District Judge or magistrate may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in the court in which such judge, District Judge or magistrate sits in the exercise of his criminal jurisdiction or in the building, or within the curtilage of the building, in which that court sits.

(2) The Chief Justice may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in any court hearing any criminal proceedings or in any building, or within the curtilage of any building, in which that court sits.

(3) Subsections (1) and (2) shall not apply to a person who is required to be in any such court or any such building by virtue of his office or profession or

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80 CAP. 221] Criminal Procedure [1988 Ed. warrant in the book to be kept by him for that purpose and to endorse such pardon or warrant with the word "Recorded" and with his signature. (Amended, 50 of 1911 and 21 of 1912, s. 2) (2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same. Saving of prerogative of mercy 118. Subject as hereinbefore provided, nothing in this Ordinance shall affect Her Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor. (Amended, 50 of 1911 and 1 of 1912, Schedule) Error, etc. Prohibition of proceedings in error 119. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance. Interpretation of reference to information 120. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court. Repeal of rules and orders 121. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever. Power to exclude public from criminal courts 122. (1) Any judge, District Judge or magistrate may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in the court in which such judge, District Judge or magistrate sits in the exercise of his criminal jurisdiction or in the building, or within the curtilage of the building, in which that court sits. (2) The Chief Justice may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in any court hearing any criminal proceedings or in any building, or within the curtilage of any building, in which that court sits. (3) Subsections (1) and (2) shall not apply to a person who is required to be in any such court or any such building by virtue of his office or profession or

Baseline (Original)

80 CAP. 221] Criminal Procedure [1988 Ed. warrant in the book to be kept by him for that purpose and to endorse such pardon or warrant with the word "Recorded" and with his signature. (Amend- ed, 50 of 1911 and 21 of 1912, s. 2) (2) Every such pardon and warrant shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same. Saving of prerogative of mercy 118. Subject as hereinbefore provided, nothing in this Ordinance shall affect Her Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor. (Amended, 50 of 1911 and 1 of 1912, Schedule) Error, etc. Prohibition of proceedings in error 119. No proceeding in error shall be taken upon any trial under the provisions of this Ordinance. Interpretation of reference to information 120. Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court. Repeal of rules and orders 121. All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever. Power to exclude public from criminal courts 122. (1) Any judge, District Judge or magistrate may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in the court in which such judge, District Judge or magistrate sits in the exercise of his criminal jurisdiction or in the building, or within the curtilage of the building, in which that court sits. (2) The Chief Justice may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in any court hearing any criminal proceedings or in any building, or within the curtilage of any building, in which that court sits. (3) Subsections (1) and (2) shall not apply to a person who is required to be in any such court or any such building by virtue of his office or profession or

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