### Crimes Ordinance 《刑事罪行條例》

159D. Restriction on the institution of proceedings
(1) Where— (Amended 10 of 2005 s. 38)
(a) an offence has been committed in pursuance of any agreement; and
(b) proceedings may not be instituted for that offence because any time limit applicable to the institution of any such proceedings has expired,
proceedings under section 159A for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.
(2) Any prohibition imposed by any enactment on the institution of proceedings for any offence otherwise than by, or on behalf or with the consent of, the Secretary for Justice or any other person also applies in relation to proceedings instituted under section 159A for conspiracy to commit that offence. (Added 10 of 2005 s. 38)

159E. Abolitions, savings and transitional provisions
(1) Subject to the following provisions of this section, the offence of conspiracy at common law is abolished.
(2) Subsection (1) shall not affect the offence of conspiracy at common law so far as relates to conspiracy to defraud.
(3) If—
(a) a person agrees with any other person or persons that a course of conduct shall be pursued; and
(b) that course of conduct will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement if the agreement is carried out in accordance with their intentions,
the fact that it will do so shall not preclude a charge of conspiracy to defraud being brought against any of them in respect of the agreement.
(4) A person shall not be entitled to be acquitted of, or to have quashed his conviction for, the offence of conspiracy for the reason only that the only other person or persons with whom he is alleged, in the indictment or charge sheet, to have entered into that conspiracy are or have been acquitted.
(5) Any rule of law or practice inconsistent with the provisions of subsection (4) is abolished.
(6) The rules laid down by sections 159A and 159B shall apply for determining whether a person is guilty of an offence of conspiracy under any enactment other than section 159A, but conduct which is an offence under any such other enactment shall not also be an offence under section 159A.
(7) Subsection (1) shall not affect—
(a) any proceedings commenced before the time when this Part comes into operation; or
(b) any proceedings commenced after that time against a person charged with the same conspiracy as that charged in any proceedings commenced before that time.

159F. Application
Sections 159A to 159E shall apply to an agreement which falls within section 6 of the Criminal Jurisdiction Ordinance (Cap. 461). 

### Crimes Ordinance 《刑事罪行條例》

159G. Attempting to commit an offence
(1) A person who, intending to commit an offence to which this section applies, does an act that is more than merely preparatory to the commission of the offence is guilty of attempting to commit the offence.
(2) A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
(3) Where a person is charged with an offence, he may be convicted of having attempted to commit that offence even though he was not charged with the attempt.
(4) In any case where—
(a) apart from this subsection a person’s intention would not be regarded as having amounted to an intent to commit an offence; but
(b) if the facts of the case had been as he believed them to be, his intention would be so regarded,
then, for the purposes of subsection (1), he shall be regarded as having had an intent to commit that offence.
(5) This section applies to any offence which, if it were completed, would be triable in Hong Kong other than aiding, abetting, counselling or procuring the commission of an offence.

159H. Application of procedural and other provisions to offences under section 159G
(1) Any provision to which this section applies shall have effect with respect to an offence under section 159G of attempting to commit an offence as it has effect with respect to the offence attempted.
(2) This section applies to provisions of any of the following descriptions made by or under any enactment (whenever passed)—
(a) provisions whereby proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provision which also makes other exceptions to the prohibition);
(b) provisions conferring power to institute proceedings;
(c) provisions as to the venue of proceedings;
(d) provisions whereby proceedings may not be instituted after the expiration of a time limit;
(e) provisions conferring a power to arrest or search;
(f) provisions conferring a power to seize and detain property; 
(g) provisions conferring a power to impose pecuniary penalties; 
(h) provisions conferring a power to forfeit, including any power to deal with anything liable to be forfeited;
(i) provisions conferring any powers and giving any discretions to cancel, suspend or refuse to issue any licence, permit or other authorization;
(j) provisions imposing a duty;
(k) provisions whereby a person may not be convicted or committed for trial on the uncorroborated evidence of one witness (including any provision requiring the evidence of not less than 2 credible witnesses);
(l) provisions whereby, if an offence committed by a body corporate is proved to have been committed with the consent or connivance of another person, that person also is guilty of the offence.

### Crimes Ordinance 《刑事罪行條例》

159I. Offences of attempt under other enactments
(1) Subsections (2) to (5) shall have effect, subject to subsection (6) and to any inconsistent provision in any other enactment, for the purpose of determining whether a person is guilty of an attempt under a special statutory provision.
(2) For the purposes of this Ordinance an attempt under a special statutory provision is an offence which—
(a) is created by an enactment other than section 159G, including an enactment passed after this Part; and
(b) is expressed as an offence of attempting to commit another offence (in this section referred to as the relevant full offence

159J. Trial and penalties
(1) A person guilty by virtue of section 159G of attempting to commit an offence shall—
(a) if the offence attempted is murder or any other offence the sentence for which is mandatory life imprisonment, be liable on conviction on indictment to imprisonment for life;
(b) if the offence attempted is indictable but does not fall within paragraph (a), be liable on conviction on indictment to any penalty to which he would have been liable on conviction on indictment of that offence; and
(c) if the offence attempted is triable on indictment or summarily, be liable on summary conviction to any penalty to which he would have been liable on summary conviction of that offence.
(2) Where, in proceedings against a person for an offence under section 159G, there is evidence sufficient in law to support a finding that he did an act falling within subsection (1) of that section, the question whether or not his act fell within that subsection is a question of fact.
(3) Where, in proceedings against a person for an attempt under a special statutory provision, there is evidence sufficient in law to support a finding that he did an act falling within section 159I(3), the question whether or not his act fell within that subsection is a question of fact.
(4) Any power conferred, discretion given, or duty imposed by virtue of section 159H(2)(e), (f), (g), (h), (i) or (j) which is to be exercised or performed consequent upon a conviction of an offence or in relation to a person who is detained in custody for an offence, then that power, discretion or duty shall be deemed to be also exercisable or performable consequent upon a conviction of an attempt to commit that offence, but nothing in this subsection shall be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this subsection.