### Magistrates Ordinance 《裁判官條例》

81B. Committal for sentence on a plea of guilty
(1) Where, by section 80C(4)(a) or section 82(1), the magistrate is required to ascertain whether the accused desires to plead guilty to the charge, he shall inform the accused that the court proposes to commit him for trial; but that the accused may, if he so desires now, plead guilty to the charge and, if he pleads guilty, he will be committed to the Court of First Instance for sentence. (Amended 25 of 1998 s. 2)
(2) If the accused then pleads guilty the magistrate, before he accepts the plea shall—
(a) where the accused pleads guilty in proceedings under section 80C, require the prosecutor to outline to the accused, to the satisfaction of the magistrate, the alleged facts upon which the charge is based;
(b) explain to the accused the offence with which he is charged and the ingredients which at law constitute such offence; and
(c) record any statement made by the accused in pleading guilty to the charge and that the offence and the ingredients which at law constitute the offence were explained to the accused,
and, if the magistrate is satisfied that the plea is made voluntarily and with an understanding of the nature of the charge, he shall commit the accused for sentence.
(3) No objection shall be taken to any information or complaint to which the accused has pleaded guilty, and the accused shall not afterwards be allowed to withdraw the plea except with the leave of a judge of the Court of First Instance. (Amended 25 of 1998 s. 2)
(4) Where a judge grants leave to withdraw a plea of guilty in accordance with the provisions of subsection (3) he may, at the same time, exercise his powers under section 24A(1) of the Criminal Procedure Ordinance (Cap. 221) to direct or consent to the preferment of an indictment charging the accused with the offence in respect of which the plea has been withdrawn or any related offence.
(5) An accused who is committed for sentence shall as soon as practicable be brought before the Court of First Instance for sentence, and any judge of that Court shall have the same powers of sentencing or otherwise dealing with the accused, and of finally disposing of the charge and of all incidental matters, as he would have had if the accused on arraignment at any criminal sittings of the Court of First Instance had pleaded guilty to the offence charged on an indictment duly presented. (Amended 25 of 1998 s. 2)
(6) The magistrate committing an accused for sentence shall have the like powers to commit the accused to prison or to admit him to bail as in the case of an accused committed for trial and the accused shall have the like rights and obligations.
(Replaced 48 of 1983 s. 3)

### Magistrates Ordinance 《裁判官條例》

82. Provisions as to taking of depositions, and caution to and statement of accused on proceedings before examining justices
(1) After the examination of all the witnesses and the admission of any statements for the prosecution has been completed, subject to the rejection of any submission made that there is no case which the accused should be called upon to answer, the magistrate shall read the charge to the accused and explain the nature thereof to him in ordinary language, and inform him that he has the right to call witnesses, and, if he so desires, to give evidence on his own behalf. After so doing the magistrate shall then—
(a) except where the offence is punishable by death, ascertain whether the accused desires to plead guilty to the charge in accordance with the provisions of section 81B; and
(b) if the offence is punishable by death or if the accused does not then plead guilty, address to him the following words or words to the like effect—“Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial.”
(Amended 49 of 1965 s. 16; 48 of 1983 s. 3)(2) Before the accused makes any statement in answer to the charge, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat. [cf. 1925 c. 86 s. 12(3) U.K.]
(3) Whatever the accused says in answer to the charge shall be taken down in writing and read over to the accused and signed by the magistrate and, if the accused so desires, by him, and shall be transmitted with the depositions as hereinafter mentioned. On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement did not in fact sign it. (See Form 78)

### Magistrates Ordinance 《裁判官條例》

83. Evidence of accused and defence witnesses
(1) Immediately after complying with the requirements of the preceding section relating to the statement of the accused, and whether the accused has or has not made a statement, the magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnesses.
(2) If the accused in answer to the question states that he wishes to give evidence but not to call witnesses, the magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.
(3) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses, or to call witnesses only, the magistrate shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
(4) All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing. (Amended 5 of 1954 s. 2)
(5) Nothing contained in this section shall prevent the prosecutor in any case from putting in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.
(Replaced 24 of 1949 s. 25)[cf. 1925 c. 86 s. 12(5) & (6) U.K.]

84. Order by committing magistrate for attendance at trial of witnesses
(1) At a preliminary inquiry the magistrate shall in respect of any witness examined by him, other than the accused and any witness of his merely to his character, make an order in the prescribed form requiring the witness to attend and give evidence at the trial of the accused before the Court of First Instance. (See Form 79)