### Magistrates Ordinance 《裁判官條例》

71A. Interpretation
In this Part, unless the context otherwise requires—
committal (交付審判、交付) means committal for trial or sentence in the Court of First Instance; (Amended 25 of 1998 s. 2)
committal proceedings (交付審判程序) means proceedings under this Part for the committal of an accused;
juvenile (少年) means a person who is, in the opinion of the magistrate presiding at the committal proceedings, under the age of 16 years;
preliminary inquiry (初級偵訊) means proceedings pursuant to an election by the accused under section 80C(1) to have a charge against him heard at a preliminary inquiry;
return day (提訊日) means a day appointed as such under section 80A(1) or (2) or a day to which proceedings are adjourned under section 80B(6).
(Added 48 of 1983 s. 3)

72. Procedure on information being laid
(1) In every case where a complaint is made to or an information laid before a magistrate alleging the commission of any indictable offence then, if the accused is not then in custody, it shall be lawful for the magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law; but in any case it shall be lawful for the magistrate to whom the complaint is made or before whom the information is laid, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a magistrate at a time and place to be therein mentioned; and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place in obedience to such summons, then and in every such case any magistrate may issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law: (See Forms 1, 2, 4)

### Magistrates Ordinance 《裁判官條例》

73. Warrant to apprehend for offence committed on high seas, etc.
In every case of an offence committed on the high seas, or outside Hong Kong, or in any creek, harbour, haven or other place within the jurisdiction of the courts of Hong Kong for which an indictment may be preferred by the Secretary for Justice, it shall be lawful for any magistrate, if the accused resides or is supposed to reside or be within Hong Kong or the waters thereof, to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge and to be further dealt with according to law.
(Amended 50 of 1991 s. 4; 59 of 1994 s. 6; L.N. 362 of 1997; 25 of 1998 s. 2)[cf. 1848 c. 42 s. 2 U.K.; 1952 c. 55 s. 1(4) U.K.]

74. Warrant to apprehend where indictment is filed by Secretary for Justice pursuant to direction or with consent of a judge
(1) Where the Secretary for Justice files an indictment against any person pursuant to the direction or with the consent of a judge under section 24A of the Criminal Procedure Ordinance (Cap. 221), the Registrar, on application by or on behalf of the Secretary for Justice, shall issue a certificate certifying that the indictment has been filed against that person. (Amended L.N. 362 of 1997)
(2) Where a certificate issued under subsection (1) is produced to a magistrate, he shall, if the person named in the indictment—
(a) is at large, issue a warrant to arrest that person; or (See Form 4)

75. Complaint or information to be in writing and defects therein
(1) Every complaint or information alleging the commission of an indictable offence shall be in writing and shall contain or consist of a statement of the offence alleged to have been committed, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence.
(2) No objection shall be allowed to any complaint or information for any defect in it in substance or in form or for any variance between it and the evidence adduced on behalf of the prosecution at the committal proceedings. (Amended 48 of 1983 s. 3)
(Replaced 49 of 1965 s. 10)

76. Service of summonses
The provisions with reference to summonses contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part.
[cf. 1848 c. 42 s. 9 U.K.]

### Magistrates Ordinance 《裁判官條例》

77. Forms, etc., of warrants
The provisions with reference to the form of warrants, the directions to be contained therein and the execution thereof contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to warrants under this Part.

78. Summons or warrant for witness, etc.
(1) If it is made to appear to a magistrate, by any credible witness, that any person is likely to give material evidence on the part of the prosecution the magistrate may enforce the attendance of such person in the manner provided in Part II for enforcing the attendance of a witness under the summary jurisdiction of such magistrate. (See Form 16)

79. Power to remand accused
(1) If, in the course of committal proceedings, it becomes necessary or desirable in the opinion of the magistrate—
(a) to defer any stage of those proceedings; or
(b) in the event of a preliminary inquiry, to defer the examination or further examination of the witnesses for any time,
the magistrate before whom the accused appears or is brought may from time to time by his warrant remand the accused to a prison or, some place of security, for such time as the magistrate may think reasonable, not exceeding 8 clear days, unless the accused and the prosecutor consent to a longer remand; or, if the remand is for a time not exceeding 3 clear days, it shall be lawful for the magistrate verbally to order the police officer or other person in whose custody the accused may then be, or any other police officer or person to be named by the magistrate in that behalf to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the committal proceedings: (See Forms 18, 84)

80. Place where examination taken not an open court
The room or building in which a magistrate conducts a preliminary inquiry shall not be deemed an open court for that purpose; and it shall lawful for the magistrate, in his discretion, to order that no person shall have access to or be or remain in such room or building without the consent or permission of the magistrate, if it appears to him that the ends of justice will be best answered by so doing.
(Amended 49 of 1965 s. 13; 48 of 1983 s. 3)[cf. 1848 c. 42 s. 19 U.K.]