### Magistrates Ordinance 《裁判官條例》

85. Discharge or committal of accused
(1) If after hearing all the evidence offered on the part of the prosecution and the evidence, if any, of the accused and his witnesses and after taking into consideration any statement made by the accused, the magistrate is of opinion that there is not sufficient evidence to put the accused upon his trial for any indictable offence, the magistrate shall forthwith order the accused, if in custody, to be discharged as to the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.
(2) If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into consideration any statement of the accused, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall order that the accused stand committed for trial at the Court of First Instance and shall so inform the accused or cause him to be so informed. (Amended 5 of 1954 s. 4; 63 of 1971 s. 13; 25 of 1998 s. 2)
(3) (Repealed 48 of 1983 s. 3)(Replaced 24 of 1949 s. 26)[cf. 1848 c. 42 s. 25 U.K.; 1925 c. 86 s. 12(8) U.K.]

### Magistrates Ordinance 《裁判官條例》

85A. Procedure following committal
(1) A magistrate who commits an accused for trial under section 80C(4) or section 85(2) shall—
(a)  issue his warrant committing the accused to prison until delivery by due course of law:
Provided that he may admit the accused to bail in any case where he has power to grant bail under the provisions of this Ordinance; 
(b) if he commits the accused to prison, inform him of his right to apply to a judge for bail;
(c) inform the accused, unless he is already in receipt of legal aid, of his right to apply for legal aid;
(d) say to the accused— “I must warn you that at your trial you may not be permitted to give evidence of an alibi or call witnesses in support of an alibi unless you have earlier given particulars of the alibi and of the witnesses. You may give those particulars now to this court or to the prosecutor not less than 10 days prior to the commencement of your trial.”,
or words to that effect 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

(e) if the accused was committed under section 80C(4) inform him that he has the right to apply to a judge for discharge on the grounds there is no prima facie case against him.
(2) Where the magistrate has given the warning required by subsection (1)(d) the clerk of the court shall give the accused written notice of the provisions of section 65D of the Criminal Procedure Ordinance (Cap. 221).
(Added 48 of 1983 s. 3)

### Magistrates Ordinance 《裁判官條例》

87. Procedure on charge of indictable offence against corporation
(1) Subject to the provisions of this section, where a corporation is charged, whether alone or jointly with some other person, with an indictable offence, the provisions of this Part shall apply as they do in the case of a natural person. (Replaced 48 of 1983 s. 3)
(1A) Documents required to be served on the accused under section 80B(1) may be served on a director or other officer concerned in the management of the corporation. (Added 48 of 1983 s. 3. Amended L.N. 15 of 1988)
(1B) Subsections (1) and (3) of section 19A shall apply to a plea of guilty by a corporation under section 81B as they do in the case of a plea of guilty to an offence tried summarily. (Added 48 of 1983 s. 3)
(2) If the corporation appears before the magistrate by a representative appointed in writing by the corporation to represent it for the purpose of this section, any question or statement required by any enactment to be put or made to the accused may be put or made to such representative, and any such question may be answered on behalf of the corporation by such representative, but if the corporation does not so appear it shall not be necessary to put or make the questions or statements, and the magistrate may, notwithstanding, commit the corporation. (Amended 48 of 1983 s. 3)
(3) Nothing in this section shall have the effect of taking away from a magistrate any power which he may possess of dealing with a charge summarily.
[cf. 1925 c. 86 s. 33 U.K.]

### Magistrates Ordinance 《裁判官條例》

87B. Notice of result of committal proceedings
If a magistrate commits any person for trial or determines to discharge him, the magistrates’ clerk shall, on the day on which the committal proceedings are concluded or the next day, cause to be displayed in a part of the court house to which the public have access a notice in English and in Chinese—
(a) in either case giving that person’s name, address and age (if known);
(b) in a case where the magistrate commits him, stating the charge on which he is committed and the court to which he is committed;
(c) in a case where the magistrate determines to discharge him, describing the offence charged and stating that the magistrate has so determined.
(Added 6 of 1971 s. 5)[cf. 1967 c. 80 s. 4 U.K.]

87C. Application to transferred proceedings
(1) Where any proceedings are transferred for a preliminary inquiry pursuant to section 77A of the District Court Ordinance (Cap. 336), the Secretary for Justice shall, if he wishes to seek the committal of the accused person, file a charge sheet against him within 21 days of the date of the order transferring the proceedings, and thereupon, unless otherwise provided, the provisions of this Part shall apply in relation thereto as if the accused person were charged under this Part with an indictable offence before the magistrate. (Amended L.N. 362 of 1997)
(2) Subsection (1) shall, without prejudice to any other provision in this Ordinance, be applicable to indictable offences.
(Added 59 of 1992 s. 14)

87D. Discharge of the accused where committal proceedings are not instituted
(1) Where the Secretary for Justice fails to file a charge sheet under section 87C(1) within the period specified in that section— (Amended L.N. 362 of 1997)
(a) on the date appointed under section 77A(7) of the District Court Ordinance (Cap. 336), or where that date is adjourned, on such later date, the magistrate shall, on his own motion; or
(b) where, before the appointed date referred to in paragraph (a) or if that date is adjourned, before such later date, the accused person applies to a magistrate for his discharge on the ground of such failure, the magistrate shall,
direct that the accused person be discharged in respect of the charges to which the transferred proceedings relate.
(2) A discharge under subsection (1) shall be deemed to be an acquittal.
(Added 59 of 1992 s. 14)