### Magistrates Ordinance 《裁判官條例》

15. Secretary for Justice may withdraw case by entering nolle prosequi
(Replaced 25 of 2008 s. 5)(1) In any case before a magistrate in which an accused person is being tried for an indictable offence pursuant to section 91, 92 or 92A and at any stage thereof before judgment and in any case in which an inquiry is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Secretary for Justice may enter a nolle prosequi by informing the magistrate in writing that the HKSAR intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (Amended 59 of 1992 s. 13; L.N. 362 of 1997; 25 of 1998 s. 2; 59 of 1999 s. 3)
(2) If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates’ clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.
(Added 24 of 1949 s. 8)

16. Rights of parties to conduct case personally or by counsel
(1) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
(2) Without prejudice to the rights of the Secretary for Justice every complainant or informant shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by him or by counsel on his behalf. (Amended L.N. 362 of 1997)
(Added 24 of 1949 s. 8)

18. Appearance by counsel
At the hearing of a complaint or information, a party may be represented by counsel; and an absent party so represented shall be deemed not to be absent:
Provided that appearance of a party by counsel shall not satisfy any provision in any enactment or any condition of a recognizance expressly requiring the appearance of the party.(Replaced 36 of 1976 s. 5)

### Magistrates Ordinance 《裁判官條例》

18A. Non-appearance of defendant
Subject to sections 18E and 19A(5), in any case where a summons has been served on the defendant a reasonable time before the hearing and at the time and place appointed for the hearing only the complainant or informant appears, the magistrate—
(a) may issue a warrant to arrest the defendant and bring him before a magistrate and adjourn the hearing for such time as he may think fit; (See Form 2)

18B. Non-appearance of informant or complainant
(1) Where at the hearing the defendant appears, but the complainant or informant does not appear, the magistrate—
(a) shall, if the defendant is brought before him by virtue of a warrant and the complainant or informant has not had adequate notice of the hearing, adjourn the hearing under section 20; and
(b) may, in any other case, dismiss the complaint or information or adjourn the hearing under section 20.
(2) Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended 18 of 1981 s. 3)
(Added 36 of 1976 s. 5)

18C. Non-appearance of either party
(1) Where at the hearing neither the complainant or informant nor the defendant appears, the magistrate may—
(a) dismiss the information or complaint; or
(b) adjourn the hearing under section 20.
(2) Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same matter.
(Added 36 of 1976 s. 5)

18D. Appearance of both parties
Where at the hearing both the complainant or informant and the defendant appear, the magistrate shall proceed to hear and determine the case.
(Added 36 of 1976 s. 5)

### Magistrates Ordinance 《裁判官條例》

18E. Plea of guilty by letter
(1) Subject to subsection (3), the defendant may, in the case of an offence specified in the Third Schedule, plead guilty by letter addressed to the magistrate, and thereupon the magistrate may—
(a) proceed to hear and determine the case in the absence of the defendant in like manner as if the defendant had appeared before him and pleaded guilty:
Provided that the magistrate shall not impose any fine exceeding $2,000 or any term of imprisonment; or (Amended 51 of 1981 s. 2)
(b) adjourn the hearing for the purpose of dealing with the complaint or information as if such letter had not been received.
(2) In every case where the defendant may plead guilty by letter, the summons shall contain a footnote or endorsement drawing attention to that fact.
(3) Where—
(a) a complaint or information is in respect of an offence under section 41(1) of the Road Traffic Ordinance (Cap. 374); and
(b) if the defendant is convicted of the offence on the basis that the complaint or information is true, the conviction will be one to which section 41(3) of that Ordinance applies,
a summons in respect of that offence shall be endorsed to the effect that the defendant may not plead guilty by letter, and in such a case the provisions of this section shall thereupon cease to apply. (Replaced 50 of 2000 s. 5)
(4) The Legislative Council may by resolution amend the Third Schedule.
(Added 36 of 1976 s. 5)

### Magistrates Ordinance 《裁判官條例》

19. Proceedings at hearing
(1) Where the defendant is present at the hearing, the substance of the complaint or the information (or the summons which has been issued under section 8 pursuant to such complaint or information) shall be read over to him, and explained if necessary, and he shall be asked whether he admits or denies the truth of the complaint or information. If the defendant admits the truth of the complaint or information, his admission shall be recorded as nearly as possible in the words used by him, and the magistrate shall convict him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence; and also to hear and examine such other witnesses as the complainant or informant may examine in rebuttal, if the defendant or his counsel has examined any witnesses or given any evidence other than as to the defendant’s general character. (Amended 48 of 1949 s. 5; 49 of 1965 s. 6; 59 of 1994 s. 3)
(2) The magistrate, having heard what each party has to say and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order against the defendant or dismiss the complaint or information, as the case may be. (See Form 32)