### Criminal Jurisdiction Ordinance 《刑事司法管轄權條例》

1. Short title
(Amended E.R. 1 of 2019)(1) This Ordinance may be cited as the Criminal Jurisdiction Ordinance.
(2) (Omitted as spent—E.R. 1 of 2019)

2. Offences to which this Ordinance applies
(1) This Ordinance applies to 2 groups of offences—
(a) any offence mentioned in subsection (2) (a Group A

3. Jurisdiction in respect of Group A offences
(1) For the purpose of this section, relevant event (有關事情), in relation to any Group A offence, means any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.
(2) For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.
(3) A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in Hong Kong.
[cf. 1993 c. 36 s. 2 U.K.]

4. Questions immaterial to jurisdiction in the case of certain offences
(1) A person may be guilty of a Group A or Group B offence—
(a) whatever his citizenship or nationality, or whether or not he was a permanent resident of Hong Kong at any material time;
(b) whether or not he was in Hong Kong at any such time.
(2) On a charge of conspiracy to commit a Group A offence, or conspiracy to defraud in Hong Kong, the defendant may be guilty of the offence whether or not—
(a) he became a party to the conspiracy in Hong Kong;
(b) any act or omission or other event in relation to the conspiracy occurred in Hong Kong.
(3) On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—
(a) the attempt was made in Hong Kong;
(b) it had an effect in Hong Kong.
(4) On a charge of incitement to commit a Group A offence, the defendant may be guilty of an offence whether or not the incitement took place in Hong Kong.
(5) Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the citizenship or nationality of the person charged.
[cf. 1993 c. 36 s. 3 U.K.]

### Criminal Jurisdiction Ordinance 《刑事司法管轄權條例》

5. Location of events for jurisdictional purposes
In relation to a Group A or Group B offence—
(a) there is an obtaining of property in Hong Kong if the property is either despatched from or received in Hong Kong; and
(b) there is a communication in Hong Kong of any information, instruction, request, demand or other matter if it is sent by any means—
(i) from Hong Kong to elsewhere; or
(ii) from elsewhere to Hong Kong.
[cf. 1993 c. 36 s. 4 U.K.]

6. Extended jurisdiction in relation to certain conspiracies, attempts and incitements
(1) Subject to section 7(1), a person may be guilty of conspiracy to commit any Group A offence, or of conspiracy to defraud, if—
(a) a party to the agreement constituting the conspiracy, or a party’s agent, did anything in Hong Kong in relation to the agreement before its formation; or
(b) a party to it became a party in Hong Kong (by joining it either in person or through an agent); or
(c) a party to it, or a party’s agent, did or omitted anything in Hong Kong in pursuance of it,
and the conspiracy would be triable in Hong Kong but for the offence or fraud which the parties to it had in view not being intended to take place in Hong Kong.
(2) Subject to section 7(2), a person may be guilty of attempting to commit or incitement to commit a Group A offence if—
(a) the attempt is made or the incitement takes place in Hong Kong; and
(b) the attempt or the incitement would be triable in Hong Kong but for what the person charged had in view not being an offence triable in Hong Kong.

7. Relevance of external law
(1) A person is guilty of an offence triable by virtue of section 6(1) only if the pursuit of the agreed course of conduct would at some stage involve—
(a) an act or omission by one or more of the parties; or
(b) the happening of some other event,
constituting an offence under the law in force where the act, omission or other event was intended to take place.
(2) A person is guilty of an offence triable by virtue of section 6(2) only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.
(3) Conduct punishable under the law in force in any place is an offence under that law for the purpose of this section and section 8, however it is described in that law.
[cf. 1993 c. 36 s. 6(1)–(3) U.K.]

### Criminal Jurisdiction Ordinance 《刑事司法管轄權條例》

8. Proof of external law
(1) Subject to subsection (3), a condition specified in section 7(1) or (2) shall be taken to be satisfied unless, within a time specified by rules of court made by the Chief Justice, the defence serve on the prosecution a notice—
(a) stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;
(b) showing their grounds for that opinion; and
(c) requiring the prosecution to show that it is satisfied.
(2)  In subsection (1), the relevant conduct (有關行為) means—
(a) where the condition in section 7(1) is in question, the agreed course of conduct; and
(b) where the condition in section 7(2) is in question, what the defendant had in view.

(3) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (1).
(4) In a trial in the Court of First Instance, the question whether the condition is satisfied shall be decided by the judge alone, and may be decided by him before a jury is empanelled. (Amended 25 of 1998 s. 2)
(5) The Chief Justice may make rules of court specifying the time within which a notice under subsection (1) shall be served on the prosecution.
[cf. 1993 c. 36 s. 6(4)–(7) U.K.]

9. Application
Nothing in this Ordinance applies to any act, omission or other event occurring before the coming into force of this Ordinance.
[cf. 1993 c. 36 s. 78(5) U.K.]