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

17. Signing of indictments
(1) Every indictment shall be signed by the Secretary for Justice, and shall bear date on the day when it is signed. (Amended L.N. 362 of 1997)
(2) (Repealed 35 of 1976 s. 6)

18. Joinder of charges in the same indictment
(1) Subject to the provisions of the rules under this Ordinance, charges for more than one offence may be joined in the same indictment. (Replaced 50 of 1991 s. 4)
(2) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence.
(17 of 1919 s. 5 incorporated) [cf. 1915 c. 90 s. 4 U.K.]

19. Offence committed on high seas or in any place outside Hong Kong
In any indictment for an offence committed on the high seas or in any place outside Hong Kong, an allegation that the person injured was, at the time of the offence charged, within the jurisdiction of the Hong Kong courts shall be a sufficient allegation of the jurisdiction of the court to hear and determine the case.
(Amended 23 of 1998 s. 2; 39 of 1999 s. 3)

20. Averment as to money or bank note
In any indictment in which it is necessary to make an averment as to any money or any bank note, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved.
(Amended 34 of 1972 s. 4; 39 of 1999 s. 3)

21. Charge of previous conviction
In any court charging the accused person with having been previously convicted, it shall be sufficient to state that the accused person was, at a certain time and place, convicted of an offence punishable on summary conviction or on indictment, as the case may be, without further describing the offence.
(Amended 50 of 1991 s. 4)

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

22. General provision as to matters not necessary to be alleged, etc.
No indictment shall be held insufficient for want of the averment of any matter unnecessary to be proved, or for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of his proper name, or for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, or for stating the time imperfectly, or for stating the offence to have been committed on a day subsequent to that of the indictment, or on an impossible day, or on a day that never happened, or for want of any statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.

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

23. Orders for amendment of indictment, separate trial and postponement of trial
(1) Where, before trial or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case unless, having regard to the merits of the case, the required amendments cannot be made without injustice.
(2) Where an indictment is so amended a note of the order for amendment shall be endorsed on the indictment.
(3) Where, before trial or at any stage of a trial, the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in an indictment, the court may order a separate trial of any count or counts of such indictment.
(4) Where, before trial or at any stage of a trial, the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Ordinance to amend an indictment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.
(5) Where an order of the court is made under this section for a separate trial or for the postponement of a trial—
(a) if such an order is made during a trial the court may order that the jury are to be discharged from giving a verdict on the count or counts the trial of which is postponed or on the indictment, as the case may be; and
(b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (if the jury has been discharged) as if the trial had not commenced; and
(c) the court may make such order as to admitting the accused person to bail and as to the enlargement of recognizances and otherwise as the court thinks fit.
(6) Any power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.
(17 of 1919 s. 6 incorporated)[cf. 1915 c. 90 s. 5 U.K.]

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

24A. When indictment shall be preferred
(1) Subject to subsection (2) no indictment charging any person with an indictable offence shall be preferred unless—
(a) the person charged has been committed for trial for the offence; or
(aa) the proceedings have been transferred to the court pursuant to an order made under section 4 of the Complex Commercial Crimes Ordinance (Cap. 394); or (Added 57 of 1988 s. 29)
(ab) pursuant to an order made under section 77A of the District Court Ordinance (Cap. 336) proceedings stand transferred to the court for trial under subsection (6) of that section; or (Added 59 of 1992 s. 6)
(b) the indictment is preferred by the direction or with the consent of a judge; or
(c) the indictment is preferred pursuant to an order made under section 41 of the Crimes Ordinance (Cap. 200).
(2) Where a person charged with an indictable offence has been committed for trial, the indictment against him may include, either in substitution for or in addition to counts charging the offence for which he was committed, any counts founded on facts or evidence disclosed in any depositions, any documents served on the accused under section 80B of the Magistrates Ordinance (Cap. 227) or any written statements admitted in evidence under section 81A of that Ordinance, being counts which may lawfully be joined in the same indictment. (Amended 34 of 1972 s. 5; 6 of 1990 s. 3)
(Added 5 of 1971 s. 4)[cf. 1933 c. 36 s. 2 (2) U.K. ]

24B. Joint trial of indictments
Where 2 or more indictments each contain any one count alleging the same particulars, other than the names of the persons concerned in the commission of the offence, the court may, on the application of the Secretary for Justice, order that such indictments be tried together.
(Added 61 of 1971 s. 2. Amended L.N. 362 of 1997)