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

11. Power to refer back for further inquiry
(1) At any time after the receipt of the documents relating to the case and before the trial of the accused person, the Secretary for Justice may refer back the case to the magistrate with directions to reopen the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such other directions as he may think proper. (Amended 1 of 1912 Schedule; 6 of 1954 s. 5)
(2) Subject to any express directions which may be given by the Secretary for Justice, the effect of any such reference back to the magistrate shall be that the inquiry shall be reopened and dealt with in all respects as if the accused person had not been committed for trial.
(Amended L.N. 362 of 1997)

12. Further provisions as to referring back
(1) Any direction given by the Secretary for Justice under section 10 or 11 shall be in writing, signed by him, and shall be complied with by the magistrate.
(2) The Secretary for Justice may at any time add to, alter, or revoke any such direction.
(3) The Secretary for Justice shall transmit forthwith copies of any such direction to the Registrar and to the Commissioner of Correctional Services, and on receipt of a copy of any such direction, the Registrar shall transmit to the committing magistrate all documents in the case that are in his possession or control. (Replaced 6 of 1954 s. 6)
(4) When the Secretary for Justice directs that a case shall be dealt with summarily under section 10 or that an inquiry shall be reopened under section 11, the following provisions shall have effect—
(a) where the accused person is in custody, the magistrate may, by an order in writing under his hand, direct the Commissioner of Correctional Services to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct;
(b) where the accused person is on bail, the magistrate shall issue a summons for his attendance at the time and place when and where such proceedings are to be held; and
(c) thereafter the proceedings shall be continued under the provisions of Part III or of Part V of the Magistrates Ordinance (Cap. 227), as the case may be.
(Amended 50 of 1911 s. 4; 5 of 1924 s. 8; L.N. 362 of 1997)

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

14. Institution of proceedings by Secretary for Justice
(1) The Secretary for Justice, if he sees fit to institute criminal proceedings, shall institute such proceedings in the court against the accused person as to him may seem legal and proper— (Amended L.N. 362 of 1997)
(a) in the case of a committal for trial under section 80C(4) of the Magistrates Ordinance (Cap. 227), within 7 days of such committal;
(aa) in any case where pursuant to an order of transfer made under section 77A of the District Court Ordinance (Cap. 336), proceedings stand transferred to the court for trial under subsection (6) of that section, within 21 days of the order; and (Added 59 of 1992 s. 4)
(b) in any other case, on receipt of the documents relating to the case.
(2) Subject to section 16, no court shall inquire into whether or not proceedings have been instituted within the period specified in subsection (1)(a) or (aa).
(Replaced 48 of 1983 s. 4. Amended 59 of 1992 s. 4)

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

14A. Trial of offences
(1) Where any provision in any Ordinance creates, or results in the creation of, an offence, the offence shall be triable summarily only, unless—
(a) (Repealed 6 of 2024 s. 142)(b) the words “upon indictment” or “on indictment” appear; or (Amended L.N. 54 of 1989)
(c) (Repealed 50 of 1991 s. 4(1))(d) the offence is transferred to the District Court in accordance with Part IV of the Magistrates Ordinance (Cap. 227). (Added 16 of 1970 Schedule)
(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and subject to subsection (4), the words “upon indictment” or “on indictment” appear, the offence is triable only on indictment. (Replaced 6 of 2024 s. 142)
(3) (Repealed 50 of 1991 s. 4(1))(4) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be triable either summarily or upon indictment or to be punishable on summary conviction or on indictment, the offence shall be triable either on indictment or summarily.
(5) Nothing in this section shall affect—
(a) the powers conferred upon a magistrate by the Magistrates Ordinance (Cap. 227) or by any other law to try an indictable offence summarily; or
(b) the powers conferred upon the District Court by any law to try indictable offences. 
(Amended 50 of 1991 s. 4(1)) Editorial Note:
This provision previously appeared in s. 89 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 14A of this Ordinance.

14B. Prosecution of offences
Where any Ordinance provides that no prosecution for an offence shall be commenced without the consent of some person other than the Secretary for Justice, such a provision shall not derogate from the powers of the Secretary for Justice in respect of the prosecution of that offence.
(Added 54 of 1969 s. 7. Amended L.N. 362 of 1997)Editorial Note:
This provision previously appeared in s. 91A of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 14B of this Ordinance.

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

15. Right of Secretary for Justice not to prosecute
(1) The Secretary for Justice shall not be bound to prosecute an accused person in any case in which he may be of opinion that the interests of public justice do not require his interference.
(2) Whenever the Secretary for Justice declines to file an indictment against any person committed to prison for trial for any indictable offence he may issue a warrant in Form 1 in Schedule 1 to the Registrar, who shall thereupon, unless the person in question has been admitted to bail, by order under his hand and the seal of the court, in Form 2 in Schedule 2, direct the person in whose custody the prisoner may be immediately to discharge him without any fee from imprisonment in respect of the offence mentioned in such order. (5 of 1904 s. 2 incorporated. Amended 50 of 1911 s. 4; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 17 of 1930 s. 4; 58 of 1994 s. 4)
(Amended 8 of 1912 s. 52; L.N. 362 of 1997)