### Magistrates Ordinance 《裁判官條例》

80A. Appointment of return day
(1) When the accused appears or is brought before a magistrate upon an allegation of the commission of an indictable offence the magistrate may, and shall if the prosecutor so requires, appoint a day for the continuation of the committal proceedings (hereinafter referred to as the return day).
(2) Any magistrate may, from time to time thereafter, on the application of the prosecutor or of the accused, and upon reasonable cause, appoint another return day in the place of the return day previously appointed.
(3) The return day shall not, unless the prosecutor and the accused consent or the magistrate, upon reasonable cause being shown, determines otherwise, be less than 10 days nor more than 42 days from the day on which the return day is appointed.
(4) Upon first appointing the return day, the magistrate shall inform the accused—
(a) of his right to apply for legal aid;
(b) that not less than 7 clear days before the return day he will receive a copy of the complaint made or information laid together with copies of witness statements and any documentary evidence in support thereof, being the statements and evidence upon which the prosecutor will seek the accused’s committal;
(c) on the return day, he will have the right to require a preliminary inquiry and, if he does so require, he may, at the inquiry, call witnesses to give evidence on his behalf;
(d) where there is more than one charge that, in the event of his requiring a preliminary inquiry on any charge, the inquiry will be held into all the charges against him and that only at the conclusion of the inquiry will he have the opportunity to plead guilty to any charge;
(e) if he does not require a preliminary inquiry, he will be committed for trial without an inquiry unless he pleads guilty to the charge, in which case he will be committed for sentence on that charge.
(Added 48 of 1983 s. 3)

### Magistrates Ordinance 《裁判官條例》

80B. Service of documents on accused
(1) Not less than 7 clear days before the return day, or such shorter period as the accused may consent to, the prosecutor shall serve on the accused—
(a) a copy of the complaint made or information laid;
(b) copies of the statements of those witnesses whom the prosecution intends to call at the trial;
(c) copies of documentary exhibits; and
(d) a list of exhibits.
(2) A statement of a witness of which a copy is served under subsection (1) shall—
(a) be signed by the person who made it;
(b) contain a declaration by the witness to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that wilfully making a statement which he knows to be false or does not believe to be true may render him liable to prosecution for a criminal offence; (Amended 6 of 1990 s. 8)
(c) if in a language other than English, be accompanied by an English translation and, if in a language other than Chinese, be accompanied by a Chinese translation;
(d) if made by a person under 21, give his age;
(e) purport to have been read over to the person who made the statement in the language used by that person in making the statement or to have been read by that person.
(3) A documentary exhibit of which a copy is served under subsection (1) shall, if written in a language other than English, be accompanied by an English translation certified under section 27 of the Evidence Ordinance (Cap. 8) and, unless the magistrate on cause shown otherwise directs, if written in a language other than Chinese, be accompanied by a Chinese translation.
(4) An exhibit which is mentioned in the list of exhibits served under subsection (1) shall be clearly identified in a statement of a witness of which a copy is served under that subsection and the accused or his legal representative shall be given reasonable opportunity to examine any such exhibit.
(5) Failure to comply with the requirements of subsections (2), (3) and (4) shall not render the service of any documents under subsection (1) ineffective or prevent such documents being handed into court under the provisions of section 80C(1) or admitted in evidence under the provisions of section 81A(1) provided that the magistrate is satisfied that accused is not prejudiced by such failure.
(6) If the documents specified in subsection (1) are served on the accused outside the period which is specified in that subsection, such service shall not thereby be ineffective; but on the return day the magistrate shall adjourn the proceedings to such later day as will ensure that the requirements of subsection (1) are satisfied unless the accused consents to a shorter adjournment or the continuation of proceedings without an adjournment.
(Added 48 of 1983 s. 3)

### Magistrates Ordinance 《裁判官條例》

81. Taking of evidence at hearing
(1) At a preliminary inquiry where the accused is present at the hearing, the magistrate shall, before committing the accused to prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner, subject to subsection (3), as is hereinbefore provided for the taking of the evidence of the complainant or informant and his witnesses on a complaint or information for an offence punishable on summary conviction. (See Form 19)

81A. Admission of statements and exhibits in committal proceedings
(1) Subject to the provisions of this section, at a preliminary inquiry—
(a) any witness statement handed into court under the provisions of section 80C(1); and
(b) any exhibit clearly identified in such statement,
shall be deemed to have been admitted in evidence on behalf of the prosecution notwithstanding that the person who made the statement is not called as witness to give oral evidence at the hearing unless the accused objects to the admissibility of the statement or exhibit or any part of the statement or exhibit and the magistrate, after hearing any reply which the prosecutor may make allows the objection.
(2) A magistrate shall, on the application of the prosecutor or the accused made—
(a) on the return day; or
(b) 7 days (or such shorter period as the magistrate may allow) prior to the day on which the evidence of the witness is required,
require a person who has made a witness statement which has been handed into court under section 80C to give oral evidence at the hearing in accordance with section 81.
(Replaced 48 of 1983 s. 3)