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

9M. Forfeiture on failure to surrender to custody as shall have been appointed
(1) If a person admitted to bail fails, without reasonable cause, to surrender to custody as shall have been appointed by a court, a court may, whether or not that person has been convicted of an offence under section 9L(1), order that the whole or part of any—
(a) recognizance of bail taken from a surety under section 9D(3)(a); or
(b) sum of money deposited with the court under section 9D(3)(b)(viii),
for the purpose of securing his surrender to custody shall be forfeited to the Government. (Amended 39 of 1999 s. 3)
(2) Where a court makes an order under subsection (1), the payment of any sum due as security for a recognizance of bail taken from a surety under section 9D(3)(a) may be enforced as if it were a security to which section 64 of the Magistrates Ordinance (Cap. 227) applies.
(Amended E.R. 3 of 2015)

9N. Procedure in bail proceedings
In any bail proceedings—
(a) the court may, subject to paragraph (b), make such inquiries of and concerning the person being the subject of those proceedings as the court considers desirable;
(b) the person being the subject of those proceedings shall not be examined or cross-examined by the court or by any other person as to the alleged offence with which he is charged and no inquiry shall be made of him as to that offence alleged;
(c) the informant or prosecutor or any person appearing on behalf of the prosecution may, in addition to any other relevant evidence, submit evidence, whether by affidavit or otherwise—
(i) to prove that the person being the subject of those proceedings has previously been convicted of a criminal offence;
(ii) to prove that the person being the subject of those proceedings has been charged with and is awaiting trial on another criminal offence;
(iii) to prove that the person being the subject of those proceedings has previously failed to surrender to custody;
(iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the person being the subject of those proceedings;
(d) the court may take into consideration any relevant matters agreed upon by the informant or prosecutor and the person being the subject of those proceedings or his counsel; and
(e) the court may receive and take into account any other material or representations which it considers credible or trustworthy in the circumstances.

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

9O. Aids in proof
For the purpose of bail proceedings, a certificate purporting to be certified by a clerk of the court which has admitted a person to bail and stating—
(a) that the person named in the certificate has been admitted to bail;
(b) the day and time, if any, that the person named in the certificate has undertaken to surrender to custody;
(c) where admission to bail is subject to conditions under section 9D(2), what those conditions are;
(d) that the person named in the certificate has been given notice of such conditions, if any,
shall be evidence of the facts so stated and shall be received in evidence without further proof.

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

9P. Restriction on reports of bail proceedings
(1) Unless it appears to the court that the interests of public justice otherwise require, no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any bail proceedings containing any matter other than that permitted under subsection (2).
(2) A report of bail proceedings may contain—
(a) the name of the person being the subject of those proceedings;
(b) the offence with which the person being the subject of those proceedings is charged;
(c) the identity of the court and the name of the magistrate, District Judge or judge, as the case may be;
(d) the names of counsel and solicitors, if any, engaged in the bail proceedings;
(e) the result of the bail proceedings and where the person being the subject of those proceedings is admitted to bail subject to any condition under section 9D(2), the details of any such condition;
(f) where the bail proceedings are adjourned, the date and place to which they are adjourned.
(3) If a report is published or broadcast in contravention of this section, the following persons—
(a) in the case of publication of a written report as part of a newspaper or periodical publication, any proprietor, editor, publisher or distributor thereof;
(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical publication, the person who publishes or distributes it;
(c) in the case of a broadcast of a report, any person who transmits or provides the programme in which the report is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,
shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)
(4) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
(5) In this section—
broadcast (廣播) means sounds or visual images broadcast by wireless telegraphy or by means of a high frequency distribution system over wires, or other paths provided by a material substance and intended for general reception;
publish (發布), in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical publication, for distribution to the public.
(Added 56 of 1994 s. 2)

9Q. Record of bail proceedings
A record of all bail proceedings shall be maintained in such manner and form as may be prescribed by rules and orders made for the purposes of this section under section 9 and shall be made available to an accused person and to counsel and solicitors to such extent and on such terms as may be prescribed.

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

10. Power to refer back to be dealt with summarily
If after receipt of the documents referred to in section 86(1) of the Magistrates Ordinance (Cap. 227) the Secretary for Justice is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the Secretary for Justice may, at any time after such receipt, but before an indictment is preferred, refer back the case to the magistrate with directions to deal with the case accordingly, and with such other directions as he may think proper.
(Amended 1 of 1912 Schedule; 6 of 1954 s. 4; 59 of 1992 s. 2; L.N. 362 of 1997)

10A. Service of documents in transferred proceedings
(1) Where pursuant to an order for transfer made under section 77A of the District Court Ordinance (Cap. 336) (in this section referred to as an order of transfer

10B. Discharge of the accused
(1) Where the Secretary for Justice fails to comply with the requirements of section 10A(1) within the period specified in that section or where an extension has been granted under section 10A(2), within such extended period— (Amended L.N. 362 of 1997)
(a) on the date appointed for the commencement of the trial or where that date is adjourned, on such later date, the court shall, on its own motion; or
(b) where, before the day appointed for the commencement of the trial or if that date is adjourned, before such later date, the accused person applies to a judge for his discharge on the ground of such failure, the judge 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. 3)