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

54. Competence of person charged in criminal cases
(1)  Every person charged with an offence, whether charged solely or jointly with any other person, shall be a competent witness for the defence at every stage of the proceedings: (Amended 23 of 2003 s. 3)

Provided as follows—
(a) a person so charged shall not be called as a witness in pursuance of this section except upon his own application;
(b) the failure of any person charged with an offence to give evidence shall not be made the subject of any comment by the prosecution; (Amended 23 of 2003 s. 3)
(c)-(d) (Repealed 23 of 2003 s. 3) (e) a person charged and being a witness in pursuance of this section may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged;
(f) a person charged and called as a witness in pursuance of this section shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless—
(i) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or
(ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution; or
(iii) he has given evidence against any other person charged in the same proceedings; (Amended 50 of 1981 s. 2)
(g) a person charged and called as a witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence. (14 of 1906 s. 2 incorporated. Amended 20 of 1948 s. 4; 23 of 2003 s. 3)

(2) Notwithstanding any rule of law, the right of a person charged to make a statement without being sworn is hereby abolished. (Added 34 of 1972 s. 9)
[cf. 1898 c. 36 s. 1 U.K.]

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

55. Evidence of person charged
Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.
(14 of 1906 s. 3 incorporated)[cf. 1898 c. 36 s. 2 U.K.]

56. Right of reply
(1) The fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. (14 of 1906 s. 4 incorporated. Amended 34 of 1972 s. 10)
(2) Upon the trial of any person charged with an offence—
(a) the prosecution shall not be entitled to the right of reply on the ground only that the Secretary for Justice or the Solicitor General appears for the HKSAR at the trial; and (Amended L.N. 362 of 1997; 39 of 1999 s. 3)
(b) the time at which the prosecution is entitled to exercise the right shall, notwithstanding any rule of law, be after the close of the evidence for the defence and before the closing speech (if any) by or on behalf of the person charged. (Added 34 of 1972 s. 10) [cf. 1964 c. 34 s. 1(1) U.K.]
[cf. 1898 c. 36 s. 3 U.K.]

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

57A. Right to apply for exemption from obligation to give evidence
(1) Where the husband or wife of an accused is called to give evidence for the prosecution, or on behalf of a co-accused, in circumstances in which he or she is compellable to give evidence under section 57(3), the husband or wife may at any time apply to the court for an exemption from the obligation to give evidence.
(2) Where an application for an exemption is made to a court under subsection (1) and the court is satisfied—
(a) that, if the husband or wife were to give evidence for the prosecution or on behalf of the co-accused, as the case may be, there would be a substantial risk of—
(i) serious harm being caused to the relationship between the husband or wife and the accused; or
(ii) serious emotional, psychological or economic consequences for the husband or wife; and
(b) that, having regard to the nature and gravity of the offence charged and the importance at the trial of the evidence that the husband or wife is in a position to give, there is insufficient justification for exposing the husband or wife to that risk,
the court may exempt the husband or wife, wholly or in part, from the obligation to give evidence.
(3) Where a court is constituted by a judge and jury, an application for an exemption made under subsection (1) shall be heard and determined by the judge in the absence of the jury.
(4) The fact that the husband or wife of an accused has applied for, or been granted or refused, an exemption under this section shall not be made the subject of any question or comment by the prosecution.
(5) Where the husband or wife of an accused is called to give evidence for the prosecution, or on behalf of a co-accused, in circumstances in which he or she is compellable to give evidence under section 57(3), the court must be satisfied that the husband or wife is aware of his or her right to apply for an exemption under subsection (1).
(6) In this section, the terms accused (被控人) and co-accused (同案被控人) have the same meaning as in section 57.
(Added 23 of 2003 s. 4)

58. Application
Sections 54 to 57A shall apply to all criminal proceedings, notwithstanding any other provision in force at the time of their enactment, and in sections 54 to 57A, court (法庭) includes the District Court and a magistrate.
(14 of 1906 s. 6 incorporated. Amended 20 of 1948 s. 4; 23 of 2003 s. 5)[cf. 1898 c. 36 s. 6 U.K.]