### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

17. Notice to admit facts, admissibility of documents
(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.
(4) 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.

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

18. Dispensing with attendance of witness
(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 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.

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

20. Empanelling of jury
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.

21. Service of documents where preparatory hearing not ordered
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.

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

23. Power to extend time
(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.

24. Furnishing of documents to jury
(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;
(f) any schedules, charts or diagrams;
(g) 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.

25. Costs
(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.

26. Application of Criminal Procedure Ordinance
(1) Subject to this Ordinance, the Criminal Procedure Ordinance (Cap. 221) 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 (Cap. 221).

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

27. Rules and orders as to practice and procedure
The Criminal Procedure Rules Committee constituted under section 9 of the Criminal Procedure Ordinance (Cap. 221) may, with the approval of the Legislative Council, make rules and orders regulating the practice and procedure under this Ordinance.
(Amended 13 of 1995 s. 29)