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

67F. Effect of section 67C determinations on previous orders under section 15(1)(b) of Long-term Prison Sentences Review Ordinance
(1) Where, before any determination is made under section 67C(3) (whether or not also by application of section 67C(4)(a)) in respect of a prescribed prisoner, any order has been made under section 15(1)(b) of the Long-term Prison Sentences Review Ordinance (Cap. 524) in respect of the prescribed prisoner (whether or not any such order has been renewed under section 15(4) of that Ordinance)—
(a) the determination does not affect the validity or effect of the order or the order as renewed from time to time under section 15(4) of that Ordinance; and
(b) sections 12(2) and 15(3) of that Ordinance are, for all purposes, not to be regarded as having application to and in relation to the order or the order as renewed from time to time under section 15(4) of that Ordinance.
(2) Where, before any determination is made under section 67C(4)(b) in respect of a prescribed prisoner, any order has been made under section 15(1)(b) of the Long-term Prison Sentences Review Ordinance (Cap. 524) in respect of the prescribed prisoner (whether or not any such order has been renewed under section 15(4) of that Ordinance), upon the making of the determination—
(a) without prejudice to section 27 of that Ordinance, the order ceases to have effect; and
(b) for the purpose of requiring the prescribed prisoner to serve the remainder (if any) of the sentence of imprisonment by which the relevant sentence is substituted under the determination—
(i) the Commissioner of Correctional Services must recall the prescribed prisoner to prison; and
(ii) section 26 of that Ordinance applies to and in relation to the prescribed prisoner as it applies to and in relation to a prisoner referred to in subsection (1) of that section.
(Added 22 of 2004 s. 2)

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

68. Cumulative sentences
Where the court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or is at the same time of the court sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprisonment shall commence at any time during or at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo, as aforesaid.
(Amended 46 of 1983 s. 3; 6 of 1990 s. 6)[cf. 1827 c. 28 s. 10 U.K.]

69. Abolition of certain forms of punishment
There is abolished so much of the punishment for any offence as consists in any general forfeiture of lands or of goods and chattels or in being removed from Hong Kong or otherwise incapacitated to sue or be sued.
(Replaced 50 of 1991 s. 4)

73. Power to award compensation
(1) Where a person is convicted of an offence, the court may, in addition to passing such sentence as may otherwise by law be passed or making an order under section 107(1), order the person so convicted to pay to any aggrieved person such compensation for—
(a) personal injury;
(b) loss of or damage to property; or
(c) both such injury and loss or damage,
as it thinks reasonable.
(2) The amount ordered as compensation under subsection (1) shall be deemed a judgment debt due to the person entitled to receive the same from the person so convicted. (Amended 23 of 2002 s. 7)
(3) If before an order for compensation is made, any money—
(a) was taken from the person so convicted on his apprehension, arrest, being taken into custody or his surrender to custody; or
(b) was paid into court by the person so convicted,
the court may, on making the order, order that the compensation be paid out of any money so taken or paid. (Added 23 of 2002 s. 7)
(4) Subsection (3) shall not apply to any money that is a first charge for the benefit of the Director of Legal Aid within the meaning of section 18A(1) of the Legal Aid Ordinance (Cap. 91). (Added 23 of 2002 s. 7)
(5) Payment of the compensation may be enforced at the instance of any person entitled thereto in the same way as a judgment debt. (Added 23 of 2002 s. 7)
(Replaced 48 of 1972 s. 4)

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

74. Acquittal on grounds of insanity
(1) Where any act or omission is charged against any person as an offence, and it is given in evidence on trial of such person for that offence that he was insane, so as not to be responsible according to law for his actions at the time when the act was done or the omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict that the accused person is not guilty by reason of insanity. (Amended 81 of 1997 s. 59)
(2) Section 75(7) shall apply to this section as it applies to section 75. (Added 81 of 1997 s. 59)
(Replaced 34 of 1972 s. 13) [cf. 1883 c. 38 s. 2 U.K.; 1964 c. 84 s. 1]

75. Fitness to be tried
(1) This section applies where on the trial of a person the question arises (at the instigation of the defence or otherwise) whether the accused is under a disability, that is to say, under any disability such that apart from this Ordinance it would constitute a bar to his being tried. (Replaced 37 of 1996 s. 3)
(2) The court, if having regard to the nature of the supposed disability is of opinion that it is expedient so to do and in the interests of the accused person, may postpone consideration of the said question (hereinafter referred to as the question of fitness to be tried

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

75A. Determination as to whether accused person under disability did the act or made the omission charged
(1) Where in accordance with section 75 it is determined by a jury that an accused person is under disability, then—
(a) without prejudice to any proceedings for the purposes of paragraph (b)(ii), the trial shall not proceed or further proceed;
(b) the jury shall determine—
(i) on the evidence (if any) already given in the trial; and
(ii) on such evidence as may be adduced or further adduced by the prosecution or adduced by a person appointed by the court for the purpose of this section to put the case for the defence,
whether they are satisfied, as respects the count or each of the counts on which the accused person was to be or was being tried, that he did the act or made the omission charged against him as the offence;
(c) if the jury are so satisfied as respects that count or any of those counts, they shall make a finding that the accused person did that act or made that omission;
(d) if the jury are not so satisfied as respects that count or any of those counts, they shall return a verdict of acquittal as if on the count concerned the trial had proceeded to a conclusion.
(2) Section 75(6) and (7) shall apply to this section as it applies to section 75.
(3) For the avoidance of doubt it is hereby declared that—
(a) evidence that may be adduced under subsection (1)(b)(ii) includes the testimony of witnesses;
(b) the law applicable in criminal proceedings shall be the law applicable in any proceedings arising under subsection (1)(b).
(Added 37 of 1996 s. 4)