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

37. Further process to secure attendance of witness
(1) If the court is satisfied by evidence on oath that a witness in respect of whom a witness order or witness summons is in force is unlikely to comply with the order or summons, the court may issue a warrant to arrest the witness and bring him before it:
Provided that a warrant shall not be issued under this subsection in the case of a witness subject to a conditional witness order unless notice has been given requiring him to attend the trial, nor in the case of a witness subject to a witness summons unless the judge is satisfied by such evidence as aforesaid that the witness is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings.
(2) Where a witness who is required to attend before a court by virtue of a witness order or a witness summons fails to attend in compliance with the order or summons the court may—
(a) in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice;
(b) if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under paragraph (a), issue a warrant to arrest him and bring him before the court.
(3) A witness brought before the court in pursuance of a warrant under this section may be remanded by the court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 36 and where a witness attends a court in pursuance of a notice under this section the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him as aforesaid.
(4) In this section court (法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)[cf. 1965 c. 69 s. 4 U.K.]

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

38. Provisions supplementary to section 37
(1) If the court issuing a warrant in respect of any witness under section 37 is of the opinion that it is appropriate to do so, the court may endorse the warrant for bail, and in any such case—
(a) on the arrest of the witness under the warrant he shall, unless he can forthwith be brought before the court specified in the warrant, be taken to a police station; and
(b) the officer in charge of the station shall release him from custody if the witness, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement, conditioned for the appearance of the witness before the court specified in the warrant.
(2) If a court issuing a warrant in respect of any witness under section 37 is of the opinion that the evidence of the witness can be dispensed with but that consideration should be given to dealing with him under section 36 it may endorse the warrant as issued for the purpose of section 36.
(3) Where a witness appears before a court in pursuance of a recognizance entered into under section 37 or this section, the court may enlarge his recognizance and those of his sureties, if any, to any later time appointed by the court for receiving the evidence of that person or dealing with him under section 36.
(4) Without prejudice to the enforcement of any recognizance entered into as aforesaid, section 37 shall apply to any witness who fails to attend before a court in compliance with such a recognizance as it applies to a witness who fails to attend in obedience to a witness summons.
(5) In this section court (法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)[cf. 1965 c. 69 s. 5 (2), (3), (4) & (5) U.K.]

38A. Abolition of subpoenas in certain proceedings
No subpoena ad testificandum or subpoena duces tecum shall issue after the commencement* of the Criminal Procedure (Miscellaneous Provisions) Ordinance 1981 (59 of 1981) in respect of any criminal proceedings for the purpose of which a witness summons may be issued.
(Added 59 of 1981 s. 3)[cf. 1965 c. 69 s. 8 U.K.]Editorial Note:
* Commencement date: 1 January 1982.

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

41. General mode of trial
(1) Every person to be tried before the court shall be tried on an indictment.
(2) Subject to the provisions of section 42 such trial shall be had by and before a judge and a jury. (Amended 50 of 1911 s. 4; 1 of 1912 Schedule; 5 of 1924 s. 8)
(3) Notwithstanding subsection (2), but without prejudice to section 59, where any issue arises in the trial as to the admissibility of any evidence such issue may be determined before the jury is empanelled. (Added 63 of 1984 s. 2)

42. Trial at bar
On motion made by the Secretary for Justice, a judge shall order that the trial of any indictment shall be had at bar, that is to say, by and before 2 judges and a jury, and such trial shall be had accordingly.
(Amended 50 of 1911; 1 of 1912 Schedule; L.N. 362 of 1997)

45. Proceedings on non-appearance of accused person
(1) Where it appears by the return made by the bailiff that the copy of the indictment and notice of trial has been duly served, and the accused person, on being thrice called on the day appointed for trial, does not appear, a motion may be made on behalf of the prosecution, if the accused person has been admitted to bail, that his sureties, if any, may be called on their recognizances, and, in default of his appearance, that the same may be estreated. (Amended 56 of 1994 s. 5)
(2) On any such application the court shall make such order as it may think just.

46. Apprehension of accused person not appearing
Where any person against whom an indictment has been duly preferred, and who is then at large, does not appear to plead to such indictment, whether he is a person admitted to bail or not, the court may issue a warrant for his apprehension.
(Amended 56 of 1994 s. 6)

47. Abolition of outlawry
Outlawry in criminal cases shall be abolished.
(Amended 50 of 1911 s. 4)