### Criminal Procedure Ordinance 《刑事訴訟程序條例》

83Z. Power to bail convicted person
A person need not be admitted to bail in connection with an offence if he has been convicted of that offence, but where any court has jurisdiction to remand that person in custody or to admit him to bail pending sentence or appeal, the court may make such orders as appear to it to be necessary for the detention or the admission to bail of that person and, in making any such order, shall have regard to—
(a) pending sentence, the likelihood of a custodial sentence;
(b) pending appeal against conviction or sentence, the likelihood of the sentence being completed before the disposal of the appeal or of the appeal being allowed; and
(c) any other matter that appears to the court to be relevant.
(Added 56 of 1994 s. 8)

84. Restitution of property in case of conviction
(1) Subject to the provisions of the Pawnbrokers Ordinance (Cap. 166), where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the court or magistrate to be delivered to the person who appears to the court or magistrate to be entitled thereto. (Replaced 17 of 1930 s. 8)
(2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged. (Amended 5 of 1924 Schedule; 17 of 1930 s. 8)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

84A. Criminal bankruptcy orders against convicted persons
(1) Where a person is convicted of an offence before the court and it appears to the court that—
(a) as a result of the offence, or of that offence taken together with any other relevant offences, loss or damage (not attributable to personal injury) has been suffered by one or more persons whose identity is known to the court; and
(b) the amount, or aggregate amount, of the loss or damage exceeds $150,000,
the court may, in addition to dealing with the offender in any other way (but not if it makes a compensation order against him under section 73), make an order, to be called a criminal bankruptcy order, against him in respect of the offence or, as the case may be, that offence and any other relevant offences.
(2)  In subsection (1) relevant offences (有關罪行) means offences—
(a) of which the person in question is convicted in the same proceedings;
(b) which the court takes into consideration in determining its sentence; or
(c) which, whether or not they are specifically charged or admitted, a judge of the court is satisfied are proved by the evidence adduced by the prosecution in the same proceedings.

(3) A criminal bankruptcy order shall specify—
(a) the amount of the loss or damage appearing to the court to have resulted from the offence or, if more than one, the total amount appearing to have resulted from all the offences;
(b) the person or persons appearing to the court to have suffered that loss or damage;
(c) the amount of that loss or damage which it appears to the court that person, or each of those persons, has suffered; and
(d) the date which appears to the court to be the earliest date on which the offence or, if more than one, the earliest of the offences, was committed.
(4) A criminal bankruptcy order may be made against 2 or more offenders in respect of the same loss or damage.
(5) The Chief Executive in Council may by order amend subsection (1)(b) by substituting, for the amount specified therein, such amount as may be specified in the order. (Amended 39 of 1999 s. 3)
(6) In this section court (法庭) includes the District Court.
(Added 20 of 1979 s. 9)[cf. 1973 c. 62 s. 39 U.K.]

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

84B. Appeals in the case of criminal bankruptcy orders
(1) No appeal shall lie against the making of a criminal bankruptcy order.
(2) Where a person successfully appeals to the Court of Appeal against his conviction of an offence by virtue of which such an order was made, the Court of Appeal shall rescind the order unless he was convicted in the same proceedings of another offence of which he remains convicted and a criminal bankruptcy order could have been made without reference to loss or damage caused by the first-mentioned offence; and where, accordingly, the Court of Appeal does not rescind the order it shall amend it by striking out so much of it as relates to loss or damage caused by the offence in respect of which the conviction is quashed.
(3) Where on an appeal by a person against his conviction of an offence by virtue of which a criminal bankruptcy order was made the Court of Appeal substitutes a verdict of guilty of another offence, the Court of Appeal shall—
(a) rescind the order if a criminal bankruptcy order could not have been made against that person if he had originally been convicted of that other offence;
(b) in any other case, amend the order so far as may be required in consequence of the substitution of a verdict of guilty of the other offence.
(4) Where the Court of Appeal rescinds or amends a criminal bankruptcy order, the rescission or amendment shall not take effect—
(a) in any case until the expiration of 14 days from the date of the decision of the Court of Appeal;
(b) if within that period an application is made for leave to appeal to the Court of Final Appeal against the Court of Appeal’s decision on the appeal against conviction, so long as the appeal is pending; and (Amended 79 of 1995 s. 50)
(c) if on such an appeal the conviction is restored by the Court of Final Appeal. (Amended 79 of 1995 s. 50)
(5) For the purposes of subsection (4) an appeal to the Court of Final Appeal shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and if no application for leave to appeal is made before the expiration of 14 days from the date of the decision of the Court of Appeal, the rescission or amendment shall take effect at the end of that time. (Amended 79 of 1995 s. 50)
(Added 20 of 1979 s. 9)[cf. 1973 c. 62 s. 40 U.K.]