### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

6. Summary of evidence
The Secretary for Justice shall, within 7 days after the date of the making of the order of transfer, serve on the accused and deliver to the Registrar, for the purposes of section 9(1), a summary of the evidence on which each charge to which section 3(1) relates is based.
(Amended L.N. 362 of 1997)

7. Custody or bail pending trial
(1) Where the accused is in custody when an order of transfer is made, the magistrate may—
(a) order that he be kept in custody until such date as the court may require him to stand his trial; or
(b) release him on bail in any case where he has power to admit a person charged with an indictable offence to bail under the Magistrates Ordinance (Cap. 227).
(2) Where the accused is on bail when an order of transfer is made any requirement that he must appear before the magistrate on a return day shall cease upon the making of the order and he shall instead be required to appear before the Court of First Instance on the day fixed by the Registrar for the commencement of the trial. (Amended 25 of 1998 s. 2)
(3) If a magistrate orders that the accused be kept in custody under this section he shall inform him of his right to apply to a judge for bail.
(4) In subsection (2) return day (提訊日) means the day appointed as such under section 80A(1) or (2) of the Magistrates Ordinance (Cap. 227) or a day to which proceedings are adjourned under section 80B(6) thereof.

8. Indictment
(1) Where proceedings are transferred to the court under section 4, the Secretary for Justice shall sign and serve on the accused and deliver to the Registrar an indictment setting forth the count or counts preferred against the accused. (Amended L.N. 362 of 1997)
(2) The indictment shall be served on the accused and delivered to the Registrar within 7 days after the date of the making of the order of transfer.

9. Power to order preparatory hearing
(1) Where it appears to a judge that the indictment delivered under section 8 and the summary of evidence delivered under section 6, reveal, in respect of the count or counts to which section 3(1) relates, a case of fraud or dishonesty in a commercial context, of such seriousness and complexity that substantial benefits are likely to accrue from a hearing (a preparatory hearing

10. No appeal against or questioning of order for preparatory hearing
An order for the holding of a preparatory hearing made by a judge under section 9(1) shall not be subject to appeal or liable to be questioned in any court.

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

11. Commencement of trial
If a judge orders a preparatory hearing to be held the trial shall commence with that hearing.

12. Plea
At the commencement of a preparatory hearing the indictment shall be read over to the accused, and explained to him if necessary; the accused may plead to the indictment at that time or may defer his plea but he shall, unless he has already done so, be required to plead to the indictment before the jury is empanelled.

13. Service of prosecution case statement and other documents by prosecutor
(1) After the indictment has been read over to the accused and the accused has been given the opportunity of pleading thereto under section 12, the judge may order the prosecutor to serve on the accused and deliver to the court the following documents—
(a) a statement containing—
(i) a concise account of the facts; and
(ii) the inferences sought to be drawn from those facts,
on which the prosecution case is based (a prosecution case statement

14. Sufficiency of prosecution case statement
(1) Where a prosecution case statement has been served and delivered under section 13(1) the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to the prosecution case statement on the ground that it does not disclose the prosecution case with sufficient particularity to enable him to present his defence.
(2) The judge may order the prosecutor to amend a prosecution case statement from time to time if it appears to him to be appropriate having regard to the notice of objection (if any) served and delivered under subsection (1) and to any notice of additional evidence served on the accused by the prosecutor.

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

15. Admissibility of prosecution evidence
(1) Where an order made under section 13(1) and any order made under section 14(2) have been complied with, the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to the evidence contained in the documents served and delivered under section 13(1) being admitted at the trial after the jury has been empanelled.
(2) Where the prosecutor has served notice on the accused that he wishes to introduce further evidence at the trial and has served on the accused and delivered to the court a copy of such further evidence, the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to such evidence being admitted at the trial after the jury has been empanelled.
(3) A notice of objection served and delivered under this section shall contain particulars of the evidence objected to and state the ground of the objection.
(4) The judge shall determine the admissibility of the evidence objected to, having regard to—
(a) the documents served and delivered under section 13(1);
(b) the documents served and delivered under subsection (2);
(c) the notice of objection;
(d) any evidence given on behalf of the prosecutor or accused; and
(e) any representations made by the prosecutor and the accused.
(5) Where the admissibility of evidence contained in the documents served and delivered under section 13(1) or in respect of which a judge has made an order under subsection (2) which could have been objected to under subsection (1) or (2), is objected to after the jury is empanelled, the judge may (without prejudice to the general power to make an order as to the payment of costs under section 25) order the accused to pay to the prosecutor the additional costs properly incurred by the prosecutor as a consequence of the determination of the admissibility of that evidence after the jury is empanelled.

16. Defence response
(1) Where all objections, notice of which is served and delivered under sections 14 and 15, have been dealt with, the judge may order the accused to serve on the prosecutor and deliver to the court—
(a) a written statement (a defence response