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

120. Interpretation of reference to information
Where, in any Ordinance, or in any rules, regulation, by-law, or order, or in any other document of whatever kind, reference is made to an information in the court in respect of an indictable offence, such reference shall, unless the context otherwise requires, be taken as applying to an indictment in the court.

121. Repeal of rules and orders
All rules and orders of the court which are inconsistent with the provisions of this Ordinance shall and the same are hereby declared to be of no force or effect whatsoever.

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

122. Power to exclude public from criminal courts
(1) Any judge, District Judge or magistrate may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in the court in which such judge, District Judge or magistrate sits in the exercise of his criminal jurisdiction or in the building, or within the curtilage of the building, in which that court sits.
(2) The Chief Justice may, if he considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (3) or with the permission of a public officer acting under his direction, no person shall be in any court hearing any criminal proceedings or in any building, or within the curtilage of any building, in which that court sits.
(3) Subsections (1) and (2) shall not apply to a person who is required to be in any such court or any such building by virtue of his office or profession or an order of a court or who is otherwise required for the purposes of any proceedings, whether civil or criminal, to be in any such court or any such building or to any one person representing a newspaper or news agency.
(4) Any person who contravenes any direction of a judge, District Judge or magistrate under subsection (1) or of the Chief Justice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months and may be forcibly removed by any police officer from the court or building or the curtilage of the building, as the case may be. (Amended E.R. 4 of 2021)
(5) Notwithstanding any other law, the exclusion of persons from any court or any building by or in accordance with a direction of a judge, District Judge or magistrate under subsection (1) or of the Chief Justice under subsection (2) shall not affect the validity of the proceedings of that court or of any court which sits in that building as the case may be.
(6) Nothing in subsection (1) or (2) shall derogate from or affect the power of any judge, District Judge or magistrate to order the exclusion from the court in which he sits of members of the public where the proper administration of justice so requires.
(7) In this section court (法庭) includes the District Court and a magistrate. (Amended 35 of 1976 s. 14)
(Added 37 of 1968 s . 2)

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

124. Amendment of Schedule 3
The Legislative Council may, by resolution, from time to time amend Schedule 3.
(Added 5 of 1971 s. 12A. Amended 58 of 1994 s. 4)

### Criminal Procedure (Witnesses’ Allowances) Rules 《刑事訴訟程序(證人津貼)規則》

1. Citation
These rules may be cited as the Criminal Procedure (Witnesses’ Allowances) Rules.

2. Interpretation
In these rules, unless the context otherwise requires—
court (法庭) includes the District Court and a magistrate;
witness (證人) has the meaning assigned to it in section 9B(3)(b) of the Ordinance. (6 of 1990 s. 12)

3. Allowances for professional witnesses
(1) The court may allow in respect of a witness practising as a member of the legal or medical profession or as a dentist or veterinary surgeon for attending to give professional evidence, whether in one or more cases, a professional witness allowance not exceeding $3,210 for each day the witness is necessarily absent from the witness’s place of residence or practice to attend for such purpose.
(2) If the witness attends on any day to give evidence, whether in one or more cases, and the period during which the witness is necessarily absent from the witness’s place of residence or practice to attend for such purpose does not exceed 4 hours, the professional witness allowance for that day must not exceed $1,600.
(L.N. 474 of 1993; L.N. 49 of 1996; L.N. 258 of 2008; L.N. 182 of 2012; L.N. 59 of 2015; L.N. 52 of 2017; L.N. 38 of 2019; L.N. 64 of 2021)

4. Allowances for expert witnesses
(1) The court may allow in respect of an expert witness for attending to give expert evidence, whether in one or more cases, an expert witness allowance not exceeding $3,210 for each day the witness is necessarily absent from the witness’s place of residence, business or employment to attend for such purpose.
(2) If the witness attends on any day to give evidence, whether in one or more cases, and the period during which the witness is necessarily absent from the witness’s place of residence, business or employment to attend for such purpose does not exceed 4 hours, the expert witness allowance for that day must not exceed $1,600.
(L.N. 474 of 1993; L.N. 49 of 1996; L.N. 258 of 2008; L.N. 182 of 2012; L.N. 59 of 2015; L.N. 52 of 2017; L.N. 38 of 2019; L.N. 64 of 2021)

### Criminal Procedure (Witnesses’ Allowances) Rules 《刑事訴訟程序(證人津貼)規則》

5. Allowances for loss of remuneration or expenses incurred
(1) The court may allow in respect of a witness who attends to give evidence (other than professional or expert evidence), whether in one or more cases, and thereby loses remuneration or necessarily incurs expense (other than expense on account of lodging or subsistence) to which the witness would not otherwise have been subject, a loss allowance not exceeding $615 for each day of attendance, in respect of that loss or expense.
(2) If the period during which the witness is necessarily absent from the witness’s place of residence, business or employment to attend to give evidence does not exceed 4 hours, the witness’s loss allowance must not exceed $305.
(L.N. 238 of 1978; L.N. 403 of 1983; L.N. 474 of 1993; L.N. 49 of 1996; L.N. 258 of 2008; L.N. 182 of 2012; L.N. 59 of 2015; L.N. 52 of 2017; L.N. 38 of 2019; L.N. 64 of 2021)

7. Allowance to be claimed within 3 months
Any sum allowed under these rules shall cease to be payable unless claimed within 3 months from the date on which it was allowed.
(L.N. 110 of 1972)

### Criminal Procedure (Representation) Rules 《刑事訴訟程序(代表)規則》

1. Citation
These rules may be cited as the Criminal Procedure (Representation) Rules.

2. Giving of notice of appointment by representing solicitors
A solicitor who accepts instructions to represent a party other than the HKSAR in any proceedings in the criminal jurisdiction of the Court of Appeal or the Court of First Instance shall forthwith give notice of his appointment to the Registrar in accordance with the form in the Schedule.
(25 of 1998 s. 2; 39 of 1999 s. 3)