### Reformatory School Rules 《感化院規則》

15. Superintendent to report on fitness for discharge
For the purposes of section 19 of the Ordinance, the superintendent shall report to the Director any detained person who in his opinion will lead a useful and industrious life if discharged.
(L.N. 182 of 1967)

16. Endorsement on licence
When a detained person is discharged on licence under section 20A of the Ordinance, any conditions imposed by the Director under that section shall be endorsed on the licence.
(L.N. 182 of 1967)

17. Superintendent to provide outfit and inform parents
Where a detained person is discharged the superintendent shall—
(a) provide such person with an outfit of clothes and with travelling and subsistence money; and
(b) notify the parents or guardian (if any).
(L.N. 182 of 1967)

18. Duties of visitors
(Adaptation amendments retroactively made - see 17 of 1999 s. 3)
The school shall be visited at least once in every month by visitors appointed under section 14 of the Ordinance whose duties shall be—
(a) to record in the book kept for such purpose the time and date of such visit, and their comments and recommendations;
(b) to inspect the dietary and record any failure to conform to the dietary prescribed;
(c) to report to the Director any abuses;
(d) to inquire into any matter referred to them by the Director;
(e) to hear any complaint made by a detained person;
(f) to advise the Director on all matters connected with the school and in particular with regard to the training and recreation of detained persons; and
(g) such other duties as the Chief Executive may prescribe. (17 of 1999 s. 3)

19. Powers of visitors
For the purpose of carrying out their duties, visitors may—
(a) inspect any part of the school at all reasonable times;
(b) inspect all books other than medical records connected with the running of the school;
(c) inquire into any complaint made to them by a detained person; and
(d) with the approval of the Director, arrange any lectures or addresses in the school which are directed to the moral improvement of detained persons and which do not interfere with the requirements of discipline in such school.

20. Visitors book to be forwarded to the Director
After every visit the superintendent shall send to the Director a true copy of the comments and recommendations as recorded in the book by the visitors.

### Indictment Rules 《公訴書規則》

1. Citation
These rules may be cited as the Indictment Rules.

2. Basic form of indictment
(1) An indictment shall be in the form set out in the Schedule or in a form substantially to the like effect.
(2) Where more than one offence is charged in an indictment, the statement and particulars of each offence shall be set out in a separate paragraph called a count, and rules 3 and 4 shall apply to each count in the indictment as they apply to an indictment where one offence is charged.
(3) The counts shall be numbered consecutively.

3. Statement of offence in indictment
(1) Subject to rule 4, every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence with which the accused is charged describing the offence shortly, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2) An indictment for a specific offence shall not be open to objection in respect of its form if it is framed in accordance with a form of indictment for that offence which has been approved by the Chief Justice.
(3) Notwithstanding paragraph (1), a judge may order further particulars of an offence stated in an indictment to be delivered in any case in which he deems it expedient to do so.

4. Indictment for specific statutory offence
(Adaptation amendments retroactively made - see 39 of 1999 s. 3)
Where the specific offence with which an accused person is charged in an indictment is one created by or under an Ordinance or a national law applying in Hong Kong, then, without prejudice to the generality of rule 3— (39 of 1999 s. 3)
(a) the statement of offence shall contain a reference to the provision in the Ordinance or national law applying in Hong Kong creating the offence; (39 of 1999 s. 3)
(b) the particulars shall disclose the essential elements of the offence:
Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to disclose it; and
(c) it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.

### Indictment Rules 《公訴書規則》

5. Alternative statements of specific statutory offences
(Adaptation amendments retroactively made - see 39 of 1999 s. 3)
Where an offence created by or under an Ordinance or a national law applying in Hong Kong states the offence to be the doing or omission to do any one of any different acts in the alternative, or the doing or omission to do any act in any one of any different capacities, or with any one of any different intention or states any part of the offence in the alternative, the acts, omissions, capacities or intentions or other matters stated in the alternative in the Ordinance or national law may be stated in the alternative in an indictment charging the offence.
(39 of 1999 s. 3)

6. Description of persons in an indictment
(1) The description or designation in an indictment of the accused person, or of any other person referred to therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name or his abode, style, degree or occupation.
(2) If, owing to the name of a person not being known or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given in the indictment as is reasonably practicable in the circumstances, or such person may be described as “a person unknown”.

7. Charges for offences may be joined in same indictment
Subject to section 18 of the Ordinance, charges for any offences may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.

### Criminal Procedure (Reference of Questions of Law) Rules 《刑事訴訟程序(法律問題的轉交)規則》

1. Citation
These rules may be cited as the Criminal Procedure (Reference of Questions of Law) Rules.

2. Interpretation
In these rules—
reference (轉交) means a reference of a question of law to the Court of Appeal in pursuance of section 81D of the Ordinance;
respondent (答辯人) in relation to any reference means the acquitted person in whose case the question of law arose.

2A. Use of language in reference
(1) The court may use either official language in any reference or a part of a reference before it as it considers appropriate for the expeditious disposal of the reference.
(2) The decision of the court under paragraph (1) is final.
(3) A party to a reference or a part of a reference before the court may—
(a) use either or both of the official languages; and
(b) address the court in any language.
(4) A legal representative in a reference or a part of a reference before the court may use either or both of the official languages.
(5) Documents filed in a reference or served on a party to a reference may be in either official language.
(6) A party, other than the Secretary for Justice, served with a document relating to a reference in an official language with which he is not familiar may within 3 days of being served request in writing the Secretary for Justice to provide a translation of the document into the other official language. (L.N. 362 of 1997)
(7) The Secretary for Justice shall provide a translation as soon as practicable. (L.N. 362 of 1997)
(8) The time for compliance with any rule or order requiring the taking of the next step in a reference within a particular period shall start to run, if a request in writing is served under paragraph (6), only after the receipt of a translation or as ordered by the court under this rule.
(9) The official record of a reference shall be kept in the official language or official languages as the court hearing the reference may direct.
(10) The transcript of proceedings in a reference for appeal purposes shall be prepared in the official language that the appeal court directs.
(L.N. 59 of 1996)