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

76A. Evidence by prosecution of insanity or diminished responsibility
Where on a trial for murder the accused person contends—
(a) that at the time of the alleged offence he was insane so as not to be responsible according to law for his actions; or
(b) that at that time he was suffering from such abnormality of mind as is specified in section 3(1) of the Homicide Ordinance (Cap. 339) (diminished responsibility),
the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.
(Added 34 of 1972 s. 13)[cf. 1964 c. 84 s. 6 U.K.]

79. Record of proceedings and inspection thereof
(1) A record (whether made by means of shorthand notes, by mechanical means or otherwise) kept in accordance with rules made under section 9, or such other record as the trial judge may direct, shall be taken of the proceedings at the trial of any person on indictment who, if convicted, is entitled or may be authorized to appeal to the Court of Appeal.
(2) A record taken under subsection (1) shall be open for inspection without fee or reward by—
(a) a judge;
(b) the Registrar;
(c) the Secretary for Justice; (Amended L.N. 362 of 1997)
(d) a judge or deputy judge of the District Court;
(e) the registrar of the District Court;
(f) a party interested or his legal representative;
(g) any person, or his legal representative, who satisfies the Registrar that such inspection is reasonably required in connection with actual or potential civil or criminal proceedings by or against that person;
(h) any person who satisfies the Registrar that there is good and sufficient reason for that inspection.
(3) A decision by the Registrar to refuse permission to inspect shall be final.
(4) The right to inspect under subsection (2) shall include the right to a copy of the record subject, in the case of applicants under subsection (2)(g) and (h), to payment of the prescribed fee.
(5) Disclosure of the contents of a record under subsection (2) shall not amount to a breach of the Rehabilitation of Offenders Ordinance (Cap. 297).
(6) For the purposes of subsection (2) a party interested (有利害關係的一方) means the prosecutor or the person convicted or any person named in, or immediately affected by, any order made by the trial judge or any other person authorized to act on behalf of any such person.
(Replaced 13 of 1995 s. 43)

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

79I. Court may take evidence by live television link from person outside Hong Kong
(1) Subject to subsection (2), a court may, on the application of a party to any criminal proceedings, permit a person, other than a person who is a defendant in the proceedings concerned, to give evidence to the court by way of a live television link from a place outside Hong Kong, subject to such conditions as the court considers appropriate in the circumstances.
(2) The court shall not give permission under subsection (1) if—
(a) the person concerned is in Hong Kong;
(ab) the criminal proceedings concerned are specified proceedings; (Added 6 of 2024 s. 144)
(b) the evidence can more conveniently be given in Hong Kong;
(c) a live television link is not available and cannot reasonably be made available;
(d) measures to ensure that the person will be giving evidence without coercion cannot reasonably be taken; or
(e) it is not in the interests of justice to do so.
(3) Even if any permission has been given, in specified proceedings, under this section that is not yet amended, then, as long as a verdict has not yet been delivered in the proceedings, the permission is to be regarded as having never been given. (Added 6 of 2024 s. 144)
(4) In this section—
amended (經修訂) means amended by the Safeguarding National Security Ordinance (6 of 2024);
specified proceedings (指明法律程序) means proceedings of a case concerning national security (within the meaning of section 3(2) of the Safeguarding National Security Ordinance (6 of 2024)). (Added 6 of 2024 s. 144)

79J. Place from which person gives evidence to be deemed part of courtroom
(1) Where a person is giving evidence in proceedings by way of a live television link pursuant to permission given under section 79I, the place from which the person is giving evidence shall, for all purposes in connection with the proceedings concerned, be deemed to be part of the courtroom in Hong Kong in which the proceedings concerned are taking place.
(2) Without prejudice to the generality of subsection (1), that subsection has effect for the purposes of the laws in force in Hong Kong relating to evidence, procedure, contempt of court and perjury.

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

79K. Administration of oaths and affirmations
An oath to be sworn or affirmation to be made by a person who is to give evidence by way of a live television link under this Part may be administered—
(a) by way of a live television link, as nearly as practicable in the same way as oaths or affirmations are administered in a court in Hong Kong; or
(b) by a person authorized by the court, acting at the direction of and on behalf of the court, at the place where the person is to give evidence.

79L. Chief Justice to make rules or give directions
The Chief Judge may make rules or give directions respecting the giving of evidence by way of a live television link under this Part.
(Amended 10 of 2005 s. 19)

80. Interpretation of Part IV
(Amended 21 of 2023 s. 3)(1) In this Part—
HK National Security Law (《香港國安法》) means the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《中華人民共和國香港特別行政區維護國家安全法》”), as applied in the Hong Kong Special Administrative Region under the Promulgation of National Law 2020 (L.N. 136 of 2020)*; (Added 21 of 2023 s. 3)
sentence (刑罰), in relation to an offence, includes any order made by a court in dealing with an offender, including a hospital order. (Amended 20 of 1979 s. 3)
(2) Any power of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation under section 21 of the Immigration Ordinance (Cap. 115).
(Replaced 34 of 1972 s. 15)[cf. 1968 c. 19 s. 50 U.K.] Editorial Note:

* See Promulgation of National Law 2020—The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Instrument A302).