### Magistrates Ordinance 《裁判官條例》

88. Transfer of certain indictable offences
(1) Notwithstanding anything contained in any other provision of this Ordinance but subject to subsection (3), whenever any person is accused before a magistrate of any indictable offence not included in any of the categories specified in Part III of the Second Schedule, the magistrate, upon application made by or on behalf of the Secretary for Justice— (Amended 59 of 1992 s. 15; L.N. 362 of 1997)
(a) shall make an order transferring the charge or complaint in respect of the indictable offence to the District Court; and
(b) may, if the person is also accused of any offence triable summarily only, make an order transferring the charge or complaint in respect of the summary offence to the District Court. (Replaced 16 of 1970 s. 3)
(2) An application under subsection (1) may be made either orally in open court or in writing.
(3) Subsection (1) shall not apply in relation to any proceedings transferred to be dealt with summarily by a magistrate pursuant to section 65F of the Criminal Procedure Ordinance (Cap. 221) or section 77A of the District Court Ordinance (Cap. 336) or transferred for a preliminary inquiry pursuant to section 77A of the District Court Ordinance (Cap. 336). (Added 59 of 1992 s. 15)
(Added 2 of 1953 s. 3)

89. Effect of order of transfer
(1) An order of transfer shall operate as a stay of proceedings before the magistrate touching the charge or complaint to which the order refers and all process relating to the transferred charge or complaint shall be transmitted to the District Court.
(2) An order of transfer shall not be subject to appeal.
(Added 2 of 1953 s. 3)

### Magistrates Ordinance 《裁判官條例》

90. Procedure on making an order of transfer
(1) Upon making an order of transfer under section 88, a magistrate shall—
(a) appoint a day whereon the accused person is to appear or be brought before the District Court;
(b) remand the accused person in prison custody or admit him to bail;
(c) inform the accused person of the effect of the order of transfer; and
(d) say to the accused person— “I must warn you that at your trial you may not be permitted to give evidence of an alibi or call witnesses in support of an alibi unless you have earlier given particulars of the alibi and of the witnesses. You may give those particulars now to this court or to the prosecutor not less than 10 days prior to the commencement of your trial.”,
or words to that effect and, if it appears to the magistrate that the accused person may not understand the meaning of the term “alibi”, he shall explain it to him. (Added 6 of 1990 s. 9)

(1A) Where the magistrate has given the warning required by subsection (1)(d) the clerk of the court shall give the accused person written notice of the provisions of section 75A of the District Court Ordinance (Cap. 336). (Added 6 of 1990 s. 9)
(2) The provisions of section 79 (which relates to a magistrate’s power to remand an accused person) shall apply, mutatis mutandis and subject to the substitution in subsection (1) of that section of “20 clear days” for “8 clear days”, in relation to the exercise by a magistrate of the powers conferred by subsection (1)(b), but the application of such provisions shall be without prejudice to any of the powers of the District Court to enforce the attendance of a person accused of an indictable offence in respect of which the charge or complaint has been transferred to that court. (Amended 41 of 1981 s. 2)
(Added 2 of 1953 s. 3)

91. Indictable offences which may be dealt with by special magistrate summarily
Whenever any person is accused before a special magistrate of any indictable offence except an offence specified in the Second Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for 6 months and to a fine of $50,000: (See Form 93)

### Magistrates Ordinance 《裁判官條例》

92. Indictable offences which may be dealt with by permanent magistrate summarily
Whenever any person is accused before a permanent magistrate of any indictable offence except an offence specified in Part I of the Second Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for 2 years and to a fine of $100,000: (See Form 93)

92A. Summary disposal of transferred cases
Whenever any proceedings are transferred to be dealt with summarily by a magistrate pursuant to section 65F of the Criminal Procedure Ordinance (Cap. 221) or section 77A of the District Court Ordinance (Cap. 336), notwithstanding anything in section 91 or 92, a permanent magistrate shall deal with the case and may convict the accused summarily and on conviction sentence him to imprisonment for 2 years and to a fine of $100,000:
Provided that nothing in this section shall affect any greater or lesser punishment specifically provided for in any other Ordinance.(Added 59 of 1992 s. 16. Amended 13 of 1995 s. 61)

93. Procedure as to indictable offences triable summarily
Where an indictable offence is triable summarily—
(a) the procedure shall, until the magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the magistrate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly;
(b) the evidence of any witness taken before the magistrate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;
(ba) any statement that has been admitted in evidence under section 81A shall be disregarded, but the prosecutor may call the person who made the statement to give verbal evidence as a witness and his evidence shall be taken in the manner set out in section 34; (Added 49 of 1965 s. 18)
(c) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court; and (See Forms 46, 93)