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

9H. Application by Secretary for Justice for review of admission to bail by a District Judge or magistrate
(1) Where a District Judge or magistrate has admitted any person to bail the Secretary for Justice may apply to a judge to review the decision of the District Judge or magistrate. (Amended L.N. 362 of 1997)
(2) Subject to section 9I(3), an application under subsection (1) shall be made by summons before a judge in chambers and supported by affidavit.
(3) The summons may be served on the person admitted to bail at any time before the time appointed therein for the hearing.
(4) On the hearing of the application the Secretary for Justice shall be entitled to put before the judge such relevant argument and such relevant matter as he thinks proper, whether or not the same was before the District Judge or magistrate who made the decision, and the person admitted to bail shall also be entitled to be heard. (Amended L.N. 362 of 1997)
(5) Notwithstanding subsection (4), if the person admitted to bail fails to appear a judge may hear and determine the application in the absence of the person if he is satisfied that the person has been served with the summons or has refused to accept service of the summons or that all reasonable attempts have been made to serve the summons.
(6) Where a judge has heard an application under this section in the absence of the person admitted to bail, he may rehear the application if he is satisfied that it is just to do so.
(7) Upon hearing the application, a judge may by order confirm, revoke or vary the decision of the District Judge or magistrate, and may make such other order in the matter including an order as to costs as he thinks just.
(8) On the revocation or variation of a decision of the District Judge or magistrate under subsection (7), a judge may issue a warrant for the arrest of the person admitted to bail.
(9) No appeal shall lie from the decision of a judge on an application under this section.

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

9I. Custody pending review
(1) Where a District Judge or magistrate has made an order admitting any person to bail but the Secretary for Justice states that he wishes to apply for a review of his decision under section 9H, he shall upon application by the Secretary for Justice if the person so admitted is present, order that the person be detained in custody and be brought before a judge at such time and place as the Registrar may appoint. (Amended L.N. 362 of 1997)
(2) Where a District Judge or magistrate makes an order under subsection (1) he shall immediately notify the Registrar who shall cause the person so detained to be brought before a judge as soon as practicable, and in any event within 48 hours, and inform the Secretary for Justice of the time and place at which that will be done. (Amended L.N. 362 of 1997)
(3) When the person so detained is brought before him under this section, a judge may, if he thinks fit, dispense with the requirements of section 9H(2) and (3) and proceed to hear an application under section 9H(1).
(4) If the judge declines to dispense with the requirements of section 9H(2) and (3), he shall order the person so detained to be kept in custody for such time as he deems sufficient to enable section 9H(2) and (3) to be complied with, and may make such other order as he thinks just.

9J. Review of refusal of bail or conditions of bail
(1) Where a District Judge or magistrate has refused to admit a person to bail or has so admitted a person subject to any condition, that person may in the case of a refusal, apply to a judge to be admitted to bail or in the case of an admission to bail subject to any condition, apply to a judge to be admitted to bail without bail being subject to that condition.
(2) On the hearing of an application under subsection (1), a judge may by order confirm, revoke or vary the decision of the District Judge or magistrate, and may make such other order in the matter including an order as to costs as he thinks just.

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

9K. Arrest of persons admitted to bail
(1) A police officer may without warrant arrest and detain any person admitted to bail if—
(a) the police officer has reasonable grounds for believing that any condition on or subject to which such person was admitted to bail has been or is likely to be broken; or
(b) any police officer has been notified in writing by any surety from whom a recognizance of bail has been taken for that person that the surety believes that that person is likely to fail to surrender to custody as shall have been appointed by a court and for that reason the surety wishes to be relieved of his obligations as surety.
(2) Any person arrested under subsection (1) shall be brought within 24 hours after his arrest or as soon as practicable thereafter before a magistrate except where he was so arrested within the period of 24 hours immediately preceding an occasion on which he is required by virtue of his bail to surrender to custody at any court, in which case he shall be brought before that court.
(3) If it appears to the court before which a person is brought under subsection (2) that any condition of admission to bail has been or is likely to be broken, the court may—
(a) order that that person be detained in custody; or
(b) admit that person to bail on the same conditions or on such other conditions as it thinks fit,
but if it does not so appear to that court, the court shall release that person from custody and admit him to bail on the same conditions.

9L. Offence of failing to surrender to custody as shall have been appointed
(1) A person admitted to bail who, without reasonable cause, fails to surrender to custody as shall have been appointed by a court, commits an offence.
(2) A person admitted to bail who, having reasonable cause therefor, has failed to surrender to custody at such time as shall have been appointed by a court, fails to so surrender as soon after that time as is reasonably practicable, commits an offence.
(3) Any person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine at level 6 and to imprisonment for 6 months, and on conviction upon indictment to a fine of any amount and to imprisonment for 12 months. (Amended E.R. 4 of 2021)
(4) Where an offence under subsection (1) or (2) is alleged to have been committed, a court, in the exercise of jurisdiction under this section, may deal with an accused person summarily without a jury and may deal with the case without a charge having been transferred under Part IV of the Magistrates Ordinance (Cap. 227) or the case having been committed for trial under Part III of that Ordinance.