### Crimes Ordinance 《刑事罪行條例》

159AAK. Interpretation
In this Division—
concerned person (相關人士), in relation to a disposal order, means a person described in section 159AAM(3)(a) or (b);

criminal proceedings (刑事法律程序), in relation to a specified offence—
(a) means proceedings, before any court or magistrate, in which a person is charged with the specified offence; and
(b) includes proceedings on appeal against conviction or sentencing (or both) before any court and proceedings under section 104 of the Magistrates Ordinance, in relation to the person for the specified offence;

disposal order (處置令) means an order made under section 159AAL(1);
Magistrates Ordinance (《裁判官條例》) means the Magistrates Ordinance (Cap. 227);
specified offence (指明罪行) means an offence, or an alleged offence, under section 159AAD or 159AAE;
subject person (處置令對象), in relation to a disposal order, means a person described in section 159AAM(2);
summons (傳票) means a summons issued under section 159AAM(2).

### Crimes Ordinance 《刑事罪行條例》

159AAM. Procedures in relation to disposal order
(1) An application under section 159AAL(1) or (5)—
(a) must be made in writing; and
(b) must be filed with a magistrate.
(2) Subject to subsection (4), before making a disposal order against a person in relation to an image, or reviewing a disposal order made against a person in relation to an image, a magistrate must issue a summons to the person to appear on the day specified in the summons to make representations.
(3) If a person, other than the subject person, claims that the person—
(a) has an interest in an image that is, or is proposed to be, made subject to a disposal order; or
(b) would be directly affected by the making or review of the disposal order,
the person may also appear on the day specified in the summons to make representations.
(4) If—
(a) a summons has not been served on the subject person named in the summons and the magistrate is satisfied that all reasonable efforts have been made to serve the summons on that person;
(b) the subject person named in the summons cannot for any reason be found;
(c) the subject person named in the summons has refused to accept the service of the summons; or
(d) the summons has been served on the subject person named in the summons but that person has not attended the hearing on the day specified in the summons,
the magistrate may still make or review the disposal order based on written materials without calling any witness and without a hearing.

### Crimes Ordinance 《刑事罪行條例》

159AAN. Service of summons and disposal order
(1) The service of a summons or disposal order in Hong Kong is to be made by a police officer.
(2) A summons must be served together with a copy of the application to which the summons relates.
(3) A summons or disposal order is to be regarded as having been duly served in Hong Kong on a person if—
(a) it is served by hand on the person;
(b) it is left at the person’s last known address; or
(c) it is sent by registered post addressed to the person at the person’s last known address.
(4) The service of a summons or disposal order out of the jurisdiction is permissible with the leave of a magistrate.
(5) The service of a summons or disposal order out of the jurisdiction is effected if the summons or disposal order is served on the person in accordance with the law of the jurisdiction in which the service is effected.
(6) If a magistrate grants leave to serve a summons or disposal order out of the jurisdiction, the magistrate may give directions in relation to the service, having regard to the procedures set out in Order 11, rule 5A or 6 of the Rules of the High Court (Cap. 4 sub. leg. A), as if the procedures were applicable, with necessary modifications, to the service.
(7) If the service of a summons or disposal order has been effected, the proof of service must be filed with a magistrate.
(8) In this section—

proof of service (送達證明), in relation to service of any summons or disposal order, means—
(a) for service in Hong Kong—statutory declaration as to the service made by the police officer who effected the service; or
(b) for service out of the jurisdiction—applicable proof of service in accordance with the applicable law of the jurisdiction in which the service is effected.

159AAO. Offence relating to disposal order
(1) A person commits an offence if the person—
(a) has been made subject to a disposal order;
(b) has been served with the disposal order; and
(c) fails to comply with the disposal order.
(2) A person who commits an offence under subsection (1) is liable on conviction on indictment to a fine at level 6 and to imprisonment for 1 year.
(3) It is a defence for a person charged with an offence under subsection (1) to establish that the person had a reasonable excuse for not complying with the disposal order.
(4) The person is taken to have established that the person had reasonable excuse referred to in subsection (3) if—
(a) there is sufficient evidence to raise an issue with respect to the reasonable excuse; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

### Crimes Ordinance 《刑事罪行條例》

159A. The offence of conspiracy
(1) Subject to the following provisions of this Part, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either—
(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement; or
(b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible,
he is guilty of conspiracy to commit the offence or offences in question.
(2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.
(3) In this section offence (罪行) means any offence triable in Hong Kong and includes murder notwithstanding that the murder in question would not be so triable if committed in accordance with the intentions of the parties to the agreement. (Amended E.R. 4 of 2017)

159B. Exemptions from liability for conspiracy
(1) A person shall not by virtue of section 159A be guilty of conspiracy to commit any offence if he is an intended victim of that offence.
(2) A person shall not by virtue of section 159A be guilty of conspiracy to commit any offence or offences if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions—
(a) his spouse;
(b) a person under the age of criminal responsibility; and
(c) an intended victim of that offence or of each of those offences.
(3) A person is under the age of criminal responsibility for the purposes of subsection (2)(b) so long as it is conclusively presumed, by virtue of section 3 of the Juvenile Offenders Ordinance (Cap. 226), that he cannot be guilty of any offence.

159C. Penalties
(1) A person guilty of conspiracy to commit any offence or offences by virtue of section 159A shall be liable on conviction on indictment—
(a) in a case falling within subsection (3) or (4), to imprisonment for a term related in accordance with that subsection to the gravity of the offence or offences in question (referred to in this section as the relevant offence or offences