COMPLEX COMMERCIAL CRIMES ORDINANCE

COMPLEX COMMERCIAL CRIMES ORDINANCE

LAWS OF HONG KONG

COMPLEX COMMERCIAL CRIMES

ORDINANCE

CHAPTER 394





CHAPTER 394

COMPLEX COMMERCIAL CRIMES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ..........................3
2. Interpretation .......................3

PART II

TRANSFER To HIGH COURT

3. Application for transfer ............. 3
4. Order of transfer ....................4

5. No appeal against or questioning of decision or order 5
6. Summary of evidence ..................5
7. Custody or bail pending trial ........5
Indictment
8. Indictment ...........................5

PART III

PREPARATORY
HEARING

9. Power to order preparatory hearing ...6
10. No appeal against or questioning of order for preparatory hearing 6
11. Commencement of trial ...............7
12. Plea ................................7
13. Service of prosecution case statement and other documents by prosecutor 7
14. Sufficiency of prosecution case statement 9
15. Admissibility of prosecution evidence 9

16. Defence response ...........11 ............................... 10

17. Notice to admit facts, admissibility of documents 10
18. Dispensing with attendance of witness 11
19. Restrictions on reports of preparatory hearing 11

Jury

20. Empanelling of jury . .............. 13

PART IV

GENERAL

21. Service of documents where preparatory hearing not ordered 13
22. Application for discharge of accused 13





Section Page

23. Power to extend time ................14
24. Furnishing of documents to jury .....15
25. Costs ...............................15

26. Application of Criminal Procedure Ordinance 15
27. Rules and orders as to practice and procedure .................... 16





CHAPTER 394
COMPLEX COMMERCIAL CRIMES

To make provision for the trial of complex commercial crimes.

[8 July 1988]

Originally 57 of 1988

PART I

PRELIMINARY

Short title
1. This Ordinance may be cited as the Complex Commercial Crimes

Ordinance.

Interpretation
2. In this Ordinance, unless the context otherwise requires-
'court' means the High Court of Justice acting in the exercise of its criminal

jurisdiction;

'defence response' has the meaning given to it in section 16;

'judge' means ajudge or a deputy judge of the court;

'order, of transfer' means an order made under section 4 transferring pro-

ceedings to the court;

'preparatory hearing' means a preparatory hearing under Part 111;

'prosecution case statement' has the meaning given to it in section 13;

'Registrar' means the Registrar of the Supreme Court.

PART II

TRANSFER To HIGH COURT

Application for transfer
3. (1) Where-
(a) a person is accused before a magistrate of an indictable offence; and

(b)the Attorney General is of the opinion that the evidence of the offence

(i) would be sufficient for the accused to be committed for trial; and





(ii) reveals a case of fraud or dishonesty in a commercial context, of
such seriousness and complexity that it is appropriate that it be
transferred to the court pursuant to this Ordinance,

the Attorney General may apply to the magistrate for an order of transfer.

(2) In an application under subsection (1), the Attorney General may also apply
to have other indictable offences alleged against the accused which do not fall
within subsection (1)(b)(ii) transferred to the court as part of the same proceedings.

(3) An application under this section may not be made after the accused has
been asked, under section 80C(I) of the Magistrates Ordinance (Cap. 227), whethek
or not he elects to have the charge against him heard at a preliminary inquiry under
that Ordinance.

Order of transfer

4. (1) Upon the making of an application under section 3 the magistrate shall
make an order (an 'order of transfer') transferring the proceedings to the court.

(2) An order of transfer shall operate as a stay of proceedings before the
magistrate touching the information or complaint to which the order refers and all
process relating to the transferred proceedings shall be transmitted to the court.

(3) Where a magistrate makes an order of transfer he shall-

(a)inform the accused that thereafter this Ordinance shall apply to his case;

(b)inform the accused, unless he is already in receipt of legal aid, of his right
to apply for legal aid;

(e)warn the accused that at his trial he may not be permitted to give
evidence of an alibi or call witnesses in support of an alibi unless he has
earlier given particulars of the alibi and of the witnesses in accordance
with section 65D of the Criminal Procedure Ordinance (Cap. 221), and if it
appears to the magistrate that the accused may not understand the
meaning of the term 'alibi', he shall explain it to him; and

(d)inform the accused that he has the right to apply to a judge for discharge
in accordance with this Ordinance on the grounds that there is no prima
facie case against him.

(4) Where the magistrate has given the information required by subsection
(3)(a), the clerk of the court shall give the accused written notice of the provisions
of sections 9 and 25 of this Ordinance.

(5) Where the magistrate has given the warning required by subsection (3)(c),
the clerk of the court shall give the accused written notice of the provisions of
section 65D of the Criminal Procedure Ordinance.

(6) Within 7 days after an order of transfer is made, the magistrate shall deliver
it to the Registrar.





(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 ajudge 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.





PART III

PREPARATORY HEARING

Power to order preparatory hearing

9. (1) Where it appears to a judge that the indictment delivered under section 8
and the summary of evidence delivered under section 6, reveal, in respect of the
count or counts to which section 3(1) relates, a case of fraud or dishonesty in a
commercial context, of such seriousness and complexity that substantial benefits
are likely to accrue from a hearing (a 'preparatory hearing') before the jury is
empanelled, for the purpose of

(a)identifying issues which are likely to be material to the verdict of the jury;

(b) assisting the jury's comprehension of any such issues;

(c) expediting the proceedings before the jury; or

(d) assisting the judge's management of the trial,

he may order that such a hearing shall be held in respect of the count or counts
to which section 3(1) relates.

(2) The judge may make an order under subsection (1) on the application either
of the prosecutor or of the person indicted or of his own motion.

(3) At a preparatory hearing the judge may-

(a)exercise all of the powers specified in this Part and, subject to this Part,
make any order which he is empowered to make under this Ordinance;

(b)determine any question of law relating to the case including any question
as to the admissibility of evidence; and

(c)prescribe the period within which notice of particulars of alibi under
section 65D of the Criminal Procedure Ordinance (Cap. 221) Is required to
be given.

(4) An order made at a preparatory hearing shall have effect for the purposes
ofthe trial except to the extent that the judge in the interests of justice varies or
discharges that order.

(5) Any order made at a preparatory hearing may specify the time within which
it is to be complied with.

(6) A preparatory hearing may from time to time be adjourned by the judge to a
time and place appointed by him.

(7) Nothing in this section shall derogate from the discretion of the court to
sever any indictment and order the separate trial of any count or counts of the
indictment.

No appeal against or questioning of order for preparatory
hearing

10. An order for the holding of a preparatory hearing made by a judge under
section 9(1) shall not be subject to appeal or liable to be questioned in any court.





Commencement of trial

11. If a judge orders a preparatory hearing to be held the trial shall commence
with that hearing.

Plea

12. At the commencement of a preparatory hearing the indictment shall be read
over to the accused, and explained to him if necessary; the accused may plead to
the indictment at that time or may defer his plea but he shall, unless he has already
done so, be required to plead to the indictment before the jury is empanelled.

Service of prosecution case statement and other documents
by prosecutor

13. (1) After the indictment has been read over to the accused and the accused
has been given the opportunity of pleading thereto under section 12, the judge may
order the prosecutor to serve on the accused and deliver to the court the following
documents

(a) a statement containing-

(i) a concise account of the facts; and

(ii) the inferences sought to be drawn from those facts, on which the
prosecution case is based (a 'prosecution case statement');

(b)copies of the statements of the witnesses (including expert witnesses)
whom the prosecutor intends to call at the trial after the jury has been
empanelled;

(c)a list of exhibits, and copies of any documentary exhibits, that the
prosecutor intends to have produced at the trial after the jury has been
empanelled;

(d)a statement of any proposition of law specifically applicable to the
prosecution case on which the prosecutor proposes to rely; and.

(e) any other e explanatory document the judge considers appropriate.

(2) The prosecutor may amend the prosecution case statement before the jury
is empanelled

(a)without the leave of the judge, before the accused has served and
delivered a defence response under section 16;

(b)only with the leave of the judge, after the accused has served and
delivered a defence response under section 16.

(3) The judge shall not grant leave under subsection (2) unless he is satisfied

(a)that the need for the amendment to the prosecution tion case statement
arises from circumstances beyond the control of the prosecutor which
could not have been foreseen at the time the original prosecution case
statement was served and delivered; and

(b) that it is in the interests of justice that such leave should be granted.





(4) Where an amendment is made under subsection (2) the prosecutor shall
serve on the accused and deliver to the court a copy of the amended prosecution
case statement.

(5) Where an amended prosecution case statement has been served and
delivered under subsection (4) the accused may, with the leave of the judge, at the
preparatory hearing withdraw any admission made by him under this Part before the
service on him of the amended prosecution case statement.

(6) The judge may order the prosecutor to prepare explanatory material in such
a form as appears to the judge to be likely to, aid comprehension by the jury, and to
deliver it to the court and serve it on the accused in that form.

(7) Nothing in subsection (1) shall entitle the accused to receive a copy of any
document which has already been served on him under section 80B(1) of the
Magistrates Ordinance (Cap. 227).

(8) A statement of a witness of which a copy is served and delivered under
subsection (1) shall

(a) be signed by the person who made it;

(b)contain a declaration by the witness to the effect that it is true to the best
of his knowledge and belief and, if the statement was made in Hong Kong,
that he made the statement knowing that the making of a false statement is
an offence under section 33 of the Crimes Ordinance (Cap. 200);

(c) if made by a person under 2 1, give his age;

(d)purport to have been read over to the person who made the statement in
the language used by that person in making the statement or to have been
read by that person.

(9) Where a person refuses to make or sign a statement for the purposes of
subsection (1), the prosecutor, if he desires to call that person as a witness, shall, in
place of such a statement, serve and deliver under subsection (1) a statement of the
evidence the prosecutor believes that person will give.

(10) The judge may order any document served and delivered under
subsection (1) to be translated into English or Chinese or both such languages, as
he considers appropriate.

(11) An exhibit which is mentioned in the list of exhibits served and delivered
under subsection (1) shall be clearly identified in a statement of a witness of which
a copy is served and delivered under that subsection and the accused shall be
given reasonable opportunity to examine any such exhibit.

(12) Failure to comply with subsection (8) or (11) (or with any order made
under subsection (10)) shall not render the service or delivery of any documents
under subsection (1) ineffective where the judge is satisfied that the accused is not
substantially prejudiced by such failure.

(13) The accused may object to the introduction of evidence after the jury has
been empanelled which could not reasonably be anticipated having regard to the
prosecution case statement, and, if it appears to the judge that. the evidence could
not have been so anticipated, he may exclude such evidence, unless it appears to
him that there is adequate reason for not including in the prosecution case
statement mention of the fact to which that evidence relates.





(14) Subject to subsection (13), nothing in this Ordinance shall derogate from
the right of the prosecutor to introduce evidence at the trial after the jury is
empanelled which is not contained or mentioned in the documents served and
delivered under this section.

Sufficiency of prosecution case statement

14. (1) Where a prosecution case statement has been served and delivered
under section 13(1) the judge may order the accused to serve on the prosecutor and
deliver to the court a notice stating any objection he has to the prosecution case
statement on the ground that it does not disclose the prosecution case with
sufficient particularity to enable him to present his defence.

(2) The judge may order the prosecutor to amend a prosecution case statement
from time to time if it appears to him to be appropriate having regard to the notice of
objection (if any) served and delivered under subsection (1) and to any notice of
additional evidence served on the accused by the prosecutor.

Admissibility of prosecution evidence

15. (1) Where an order: made under section 13(1) and any order made under
section 14(2) have been complied with, the judge may order the accused to serve
on the prosecutor and deliver to the court a notice stating any objection he has to
the evidence contained in the documents served and delivered under section 13(1)
being admitted at the trial after the jury has been empanelled.

(2) Where the prosecutor has served notice on the accused that he wishes to
introduce further evidence at the trial and has served on the accused and delivered
to the court a copy of such further evidence, the judge may order the accused to
serve on the prosecutor and deliver to the court a notice stating any objection he
has to such evidence being admitted at the trial after the jury has been empanelled.

(3) A notice of objection served and delivered under this section shall contain
particulars of the evidence objected. to and state the ground of the objection.

(4) The judge shall determine the admissibility ofthe evidence objected to,
having regard to

(a) the documents served and delivered under section 13(1);

(b) the documents served and delivered under subsection (2);

(c) the notice of objection;

(d) any evidence given on behalf of the prosecutor or accused; and

(e) any representations made by, the prosecutor and the accused

(5). Where the admissibility of evidence contained in the documents served
and delivered under section 13(1) or in respect of which a judge has made an
order under subsection (2) which could have been objected to under subsection
(1) or (2), is objected to after. the jury is empanelled, the judge may (without
prejudice to the general power to 'Make an order as to the payment of costs
under section 25) order the accused to pay to the prosecutor the additional costs
properly incurred by the prosecutor as a consequence of the determination of
the admissibility of that evidence after the jury is empanelled.





Defence response

16. (1) Where all objections, notice of which is served and delivered under
sections 14 and 15, have been dealt with, the Judge may order the a accused to
serve on the prosecutor and deliver to the court

(a)a written statement (a 'defence response') indicating, with reference to
the prosecution case statement, the facts and inferences on which he
takes issue with the prosecution;

(b)a written statement of all propositions, of law in reply to any propositions
of law stated by the prosecutor under section 13(1)(d); and

(e)copies of the statements of any expert witnesses whom he intends to call
at the trial after the jury has been empanelled.

(2) Except to the extent that disclosure is required by section 65D of the
Criminal Procedure Ordinance (Cap. 121) a defence response need not disclose

(a) the identity of any defence witness, other than an expert witness; or

(b) whether the accused will give evidence.

(3) Where the prosecution case statement has been amended under section
13(2) after the judge has made an order under subsection (1), the accused may
amend any defence response served and delivered pursuant to that order so that it
indicates with reference to the amended prosecution case statement the facts and
inferences on which he takes issue with the prosecutor and, where he does so, he
must serve on the prosecutor and deliver to the court a copy of the amended
defence response.

Notice to admit facts, admissibility of documents

.17. (1) The judge may at a preparatory hearing order the prosecutor to serve
on the accused and give. to the court notice of

(a)those documents the truth of the contents of which ought in the
prosecutor's view to be admitted and of any other matters which in his
view ought to be agreed;

(b)those documents which ought in the prosecutor's view to be admitted as
evidence without further proof.

(2) Where the judge has ordered the prosecutor to serve and deliver a notice
under subsection (1) and such notice has been served and delivered, he may order
the accused to serve on the prosecutor and deliver to the court a notice in reply to
the notice served by the prosecutor--

(a) admitting the truth of the contents of any document or part thereof,

(b) agreeing to any matters;

(C)agreeing to the admission of any document as evidence without further
proof,

as may be specified in the notice, or, if he refuses to so admit or agree, stating the
reasons for his refusal.





(3) Where an accused is required to serve and deliver a notice under
subsection (2) and he wishes to refuse to make an admission or come to an
agreement, it is sufficient, if the document, fact or matter to which his refusal relates
is central to a fact on which he takes issue with the prosecution as indicated in the
defence response to give this as a reason.

If it appears to the judge that reasons given in pursuance of subsection
(2) above are inadequate, he shall so inform the person giving them, and may
require him to give further or better reasons.

(5) Any fact or matter admitted or agreed in a notice served by the accused in
compliance with an order under subsection (2) shall be treated as an admission of
that fact or matter.

(6) Any document which it is agreed under this section ought to be admitted
as evidence without further proof shall be admissible in evidence on its production
by the prosecutor without further proof.

Dispensing with attendance of witness

18. (1) Where in the course of a preparatory hearing it appears to the judge,
after hearing any representations that the accused and the prosecutor may wish to
make, that

(a)the attendance of any witness at the trial after the jury has been
empanelled cannot be procured without such expense or inconvenience as
in the circumstances of the case would be unreasonable; and

(b)having regard to the nature of the evidence sought to be admitted, it is
unnecessary to lead such evidence before the jury,

the judge. may allow the witness to give his evidence at the preparatory hearing.

(2) Where evidence is given en under this section the prosecutor or the
accused, as the case may be, shall be given full opportunity of cross-examining the
witness.

(3) Evidence given under this section shall be recorded, transcribed, read over
to and signed by the witness. and also by the judge.

(4) Evidence given, under this section shall be admissible in evidence at the
trial after the jury has been empanelled even though the deponent is not called as a
witness at that time.

(5) Any written statement admitted in evidence under this. section shall,
unless the judge otherwise directs, be read aloud at the trial after the jury has been
empanelled and, where the judge so directs, an account shall be given orally of so
much of any statement as is not read aloud.

(6) Any document or thing referred to as an exhibit and identified in a written
statement admitted in evidence under this section shall be treated as an exhibit
produced and identified in court by the maker of the statement.

Restrictions on reports of preparatory bearing

19. (1) Except as provided in subsection (2), no person shall publish in Hong
Kong a written report, or broadcast in Hong Kong a report, of a preparatory hearing
containing any matters other than matters permitted by subsection (5).





(2) On the application at a preparatory hearing of the accused (or, if more than
one, any one of the accused) the judge shall order that subsection (1) shall not
apply to reports of that preparatory hearing.

(3) If the accused is not represented at a preparatory hearing by counsel, the
judge shall explain to him the restrictions imposed by subsection (1) and, inform him
of his right to apply to the court for an order that subsection (1) shall not apply to
reports of that preparatory hearing.

(4) Where a judge has made an order under subsection (2) in respect of reports
of a preparatory hearing and has adjourned that preparatory hearing, he shall, at the
beginning of the resumed preparatory hearing, announce that such order has been
made.

(5) The matters referred to in subsection (1) as matters permitted by this
subsection are

(a) the name of the judge;

(b) the names, occupations and ages of the accused and witnesses;

(c) the offence, or a summary thereof, with which the accused is charged;

(d) the names of counsel and solicitors engaged in the proceedings;

(e) where the hearing is adjourned, the date to which it is adjourned;

(f) any arrangements as to bail on adjournment;

(g) whether legal aid was granted to the accused.

(6) If a report is published or broadcast in contravention of this section, the
following persons

(a)in the case of publication of a written report as part of a newspaper, any
proprietor, editor, printer, publisher or distributor thereof;

(b)in the case of publication of a written report otherwise than as part of a
newspaper, the person who publishes or distributes it;

(c)in the case of a broadcast of a report, any person who transmits or
provides the programme in which the report is broadcast and any person
having functions in relation to the programme corresponding to those of
the editor of a newspaper,

shall be guilty of an offence and shall be liable on conviction to a fine of 10,000
and to imprisonment for 6 months.

(7) Proceedings for an offence under this section shall not be instituted
otherwise than by or with the consent of the Attorney General.

(8) In this section-

'broadcast' means sounds or visual images broadcast by wireless telegraphy or by
means of a high frequency distribution system over wires, or other paths
provided by a material substance and intended for general reception;

,,editor' means the chief editor if there are more editors than one, and includes any
person acting as chief editor or performing any of the usual functions of a
chief editor;

'newspaper' means any paper or other publication and any supplement thereto
available to the general public which





(a)contains news, intelligence, occurrences or any remarks, observations or
comments in relation to such news, intelligence, or occurrences or to any
other matter of public interest; and

(b)is printed or produced for sale or free distribution and published either
periodically (whether half-yearly, quarterly, monthly, fortnightly, weekly,
daily or otherwise) or in parts or numbers at intervals not exceeding 6
months;

'proprietor' includes lessee;

'publish', in relation to a report, mean's publish the report, either by itself or as part
of a newspaper, for distribution to the public.

Jury

Empanelling of jury

20. At the conclusion of a preparatory hearing, unless the accused is
discharged under section 22, the judge shall order that the jury be empanelled and
the trial shall proceed before the judge and jury.

PART IV

GENERAL

Service of documents where preparatory bearing not ordered

21. Where proceedings are transferred to the court under section 4 but no
preparatory hearing is ordered under section 9, the prosecutor shall serve on the
accused and deliver to the court the documents listed in paragraphs (a), (b) and (c)
of section 13(1) within 30 days of the decision of the judge that no such preparatory
hearing shall be held.

Application for discharge of accused

22. (1) The accused may at any time before the jury is empanelled apply to the
judge for his discharge on the ground that the evidence disclosed is insufficient to
establish a prima facie case against him for the offence with which he is charged or
for any other ofrence for which he might be convicted upon that charge.

(2) Only one application may be made by an accused under this section in
relation to a single indictment.

(3) Evidence shall not be given on the hearing of an application under this
section except with the leave of the judge.

(4) The judge shall not grant such leave unless it appears to him, having regard
to any matters stated in the application for leave, that the evidence proposed to be
given bears on the issue of whether or not there is a prima facie case.





(5) Where evidence is given in pursuance of leave granted under subsection
(3) the prosecutor or the accused, as the case may be, shall be given full
opportunity of cross-examining the witness and the accused may cross-examine
any such witness whether or not he has been examined by the prosecutor.

(6) In deciding whether to grant an application for discharge under this section
the judge shall have regard to

(a)the documents ordered to be served and delivered under section 13 or, as
the case may be, the documents served and delivered under section 21,
any depositions served under section 80B(1) of the Magistrates
Ordinance (Cap. 227) (and, where the prosecutor has notified the accused
that he will seek to have further evidence admitted at the trial, such
further evidence);

(b)any evidence given in pursuance of leave granted under subsection(3);
and

(c)any representations which the accused and the prosecutor may wish to
make.

(7) The judge may, after consideration of the documents, the evidence (if any)
given in pursuance of leave granted under subsection (3) and any representations
which the accused and the prosecutor may wish to make, direct that the accused be
discharged.

(8) Subject to section 81E(3) ofthe Criminal Procedure Ordinance(Cap. 221),
where a person is discharged under this section he shall be treated as having been
tried on indictment and acquitted.

(9) The hearing of an application under this section shall, subject to rules or
orders made under this Ordinance, be heard in open court.

(10) In the absence of rules or orders made under this Ordinance with respect to
applications under this section, the Criminal Procedure (Applications under Section
16) Rules (Cap. 221, sub. leg.) shall apply thereto with the substitution for
references therein to applications under section 16 of references to applications
under this section.

(11) Section 19(6) and (7) shall apply to a contravention of the Criminal
Procedure (Applications under Section 16) Rules applied under subsection (10) as
they apply to a contravention of section 19.

(12) This section shall apply to all proceedings transferred. to the court under
section 4, whether or not a preparatory hearing is ordered to be held.

Power to extend time

23. (1) Where in proceedings transferred to the court under section 4 the judge
is of the 'Opinion that neither the prosecutor nor the accused will be substantially
prejudiced thereby, the judge may, on application, extend the time prescribed for the
doing of any act under this Ordinance.

(2) Where the prosecutor or the accused fails to comply with the time
prescribed for the doing of any act under this Ordinance, the judge may make an
order requiring compliance within a stated time.





Furnishing of documents to jury

24. (1) In proceedings transferred to the court under section 4, the judge may,
for the purpose of assisting the jury in their comprehension of the issues, order that
copies of any of the following shall be furnished to the jury

(a)the prosecution case statement and, with the consent of the accused, the
defence response;

(b)any statement of a witness admitted pursuant to or under section 65B or
65C of the Criminal Procedure Ordinance (Cap. 221) or section 18 of this
Ordinance;

(c) any statement of facts admitted pursuant to section 17;

(d)any document admitted as evidence without further proof pursuant to
section 17;

(e)the opening and closing speeches of counsel; any schedules, charts or
diagrams;

(9) transcripts of evidence;

(h) the judge's summing up; and

(i) any other document which the judge thinks fit.

(2) A copy of any statement, speech, schedule, chart, diagram, transcript,
summing up or other document ordered to be furnished to the jury under
subsection (1) may be furnished in any form that the judge considers appropriate.

Costs

25. (1) Where in proceedings transferred to the court under section 4 the judge
is satisfied that one party to the proceedings has incurred costs as a result of an
unnecessary or improper act or omission by or on behalf of another party (including
a co-accused) during the proceedings, the judge may make an order as to the
payment of those costs.

(2) An order under subsection (1) may-

(a) be made at any time during the proceedings;

(b)be made subject to conditions as to the time for payment of costs referred
to in subsection (1); and

(c) award costs on an indemnity basis.

Application of Criminal Procedure Ordinance

26. (1) Subject to this Ordinance, the Criminal Procedure Ordinance shall apply
to proceedings transferred to the court under section 4 with such modifications as
may be necessary for that purpose.

(2) Nothing in this Ordinance shall be construed as limiting the powers of. the
court under the Criminal Procedure Ordinance.





Rules and orders as to practice and procedure

27. The Chief Justice may, with the approval of the Legislative Council,
make rules and orders regulating the practice and procedure under this
Ordinance.

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