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

59. Statements of accused persons
If on a trial by jury of a person accused of an offence, a statement alleged to have been made by such accused person is admitted in evidence, all evidence relating to the circumstances in which the alleged statement was made shall be admissible for the purpose of enabling the jury to decide upon the weight (if any) to be given to the statement; and, if any such evidence has been taken in the absence of the jury before the admission of the statement, the HKSAR and such accused person shall have the right to have any such evidence retaken in the presence of the jury.
(Added 45 of 1949 s. 2. Amended 20 of 1948 s. 4; 39 of 1999 s. 3)

60. Abolition of corroboration rule in respect of alleged accomplices
(1) Any requirement whereby at a trial by and before a judge and jury it is obligatory for the judge to give the jury a warning about convicting the accused on the uncorroborated evidence of a person merely because that person is an alleged accomplice of the accused is hereby abrogated.
(2) Any requirement that is applicable at a trial by a judge or magistrate and corresponds to the requirement mentioned in subsection (1) is hereby abrogated.
(Added 83 of 1994 s. 2)Editorial Note:
The application of this section is affected by section 1(2) of the Criminal Procedure (Amendment) (No. 3) Ordinance 1994 (83 of 1994).

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

63. Proof of previous convictions
(1) In any criminal proceedings a previous conviction against any person may be proved in the manner prescribed in this section in addition to any other method of proving such conviction.
(2) There shall be produced to the court or magistrate the following—
(a) a certificate in Form 6 in Schedule 1 signed by a police officer authorized in that behalf by the Commissioner of Police certifying the particulars of any previous convictions extracted from the criminal records kept by him, and certifying that copies of the finger-prints exhibited to the certificate are copies of the finger-prints appearing from such records;
(b) a certificate in Form 7 in Schedule 1 signed by the police officer present at the taking of the finger-prints from the person before the court or magistrate in exercise of the powers conferred by section 59 of the Police Force Ordinance (Cap. 232), or by order of the court or magistrate under this section, certifying that the finger-prints exhibited to the certificate are those of such person;
(c) a certificate in Form 8 in Schedule 1 signed by a police officer authorized in that behalf by the Commissioner of Police certifying that the copies of the finger-prints exhibited to Form 6 and the finger-prints exhibited to Form 7 are those of the same person. (Amended 58 of 1994 s. 4)
(3) Any certificate issued under this section and purporting to be signed by a police officer shall until the contrary is proved be deemed to have been signed by such police officer and shall be evidence of the facts stated therein.
(4) Where no certificate in Form 7 is available the court or magistrate may order that the person before the court shall have his finger-prints taken and that such a certificate shall be prepared.
(5) Where it is desired to prove a conviction in any part of the Commonwealth, the court or magistrate may accept a certificate in Form 6 purporting to be signed by the person stated therein to be the person having control of the relevant criminal records, and such certificate shall be evidence of the facts stated therein. (Amended 39 of 1999 s. 3)
(Replaced 31 of 1958 s. 2)

64. Proof on trial of plea of autrefois convict or acquit
On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Secretary for Justice on the former trial, together with the judge’s notes, if available, and the depositions transmitted to the Registrar on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
(Amended 6 of 1954 s. 7; L.N. 362 of 1997)

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

65A. Proof of criminal intent
(1) A court or jury, in determining whether a person has committed an offence—
(a) shall not be bound in law to infer that he intended or foresaw a result of his acts or omissions by reason only of its being a natural and probable consequence of those acts or omissions; but
(b) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.
(2) In this section, court (法庭) includes the District Court and a magistrate. (Amended 35 of 1976 s. 9)
(Added 5 of 1971 s. 6)[cf. 1967 c. 80 s. 8 U.K.]

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

65C. Proof by formal admission
(1) Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
(2) An admission under this section—
(a) may be made before or during the proceedings;
(b) if made otherwise than in court, shall be in writing;
(c) if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;
(d) if made on behalf of a defendant who is an individual, shall be made by his counsel or solicitor;
(e) if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or during the proceedings in question;
(f) may be made in either official language. (Added 51 of 1995 s. 14)
(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).
(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.
(5) In this section, court (法庭) includes the District Court and a magistrate. (Added 34 of 1972 s. 12)
(Added 5 of 1971 s. 6)[cf. 1967 c. 80 s. 10 U.K.]

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

65H. Application may be made in a multi-defendant or multi-count situation
(1) An application for an order under section 65F(4) may be made in relation to one or more accused persons in any proceedings or one or more counts in an indictment.
(2) Any reference to proceedings in sections 10A, 14(1)(aa), 16(1), 24A(1), 65F (other than in subsection (9) thereof) and 65G shall be construed as being a reference to proceedings as respects the accused person to whom the order referred to in subsection (1) relates or, when appropriate, the count to which it relates.
(Added 59 of 1992 s. 8)