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

85. Transmission and effect of calendar of sentences
(1) At the end of each month or as soon as conveniently may be thereafter, a copy of the calendar of sentences, under the hand of a judge and the seal of the court, shall be transmitted by the Registrar to the Chief Secretary for Administration. (Amended 63 of 1971 s. 5; L.N. 362 of 1997)
(2) A similar copy shall also be transmitted by the Registrar to the Commissioner of Correctional Services, who shall record the same, and such calendar shall be a sufficient warrant for receiving and detaining all prisoners named therein, and for carrying into effect all sentences set forth therein, other than sentences of death. (Amended 5 of 1924 s. 12; 25 of 1937 s. 3; G.N. 678 of 1938)
(3) In the event of the copy of a calendar kept by the Commissioner of Correctional Services being lost or destroyed, a fresh copy, signed and sealed as above mentioned, shall be delivered by the Registrar to the Commissioner of Correctional Services and shall have the same effect as the copy first given to that officer. (Amended 5 of 1924 s. 12; 25 of 1937 s. 3; G.N. 678 of 1938)

86. Delivery and effect of certificate of sentences after each day
(1) At the end of each day’s sitting of the court, the Registrar shall deliver to the Commissioner of Correctional Services or his deputy a certificate, in Form 5 in Schedule 1, of all sentences passed by the court during that day. (Amended 50 of 1911 s. 4; 8 of 1912 s. 52; 5 of 1924 s. 12; 25 of 1937 s. 3; G.N. 678 of 1938; 63 of 1971 s. 6; 58 of 1994 s. 4)
(2) Such certificate shall be a sufficient warrant to the Commissioner of Correctional Services for receiving into his custody all prisoners named therein, and for carrying into effect all sentences described therein, other than sentences of death, until the calendar of sentences for that month is received by him. (Amended 5 of 1924 s. 12; 25 of 1937 s. 3; G.N. 678 of 1938; 63 of 1971 s. 6)

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

88. Filing of original documents
When a case has been finally disposed of, the Registrar shall file in his office or otherwise deal with as the court may direct, all the original documents in that case which have been transmitted to him by the committing magistrate.
(Replaced 6 of 1954 s. 8)

89. Aiders, abettors and accessories
Any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the like offence.
(Replaced 5 of 1971 s. 7)[cf. 1861 c. 94 s. 8 U.K.; 1952 c. 55 s. 35 U.K.]

90. Penalties for assisting offenders
(1) If a person has committed an arrestable offence, any other person who, knowing or believing him to be guilty of the offence or of some other arrestable offence, does, without lawful authority or reasonable excuse, any act with intent to impede his apprehension or prosecution shall be guilty of an offence.
(2) If on the trial of an indictment for an arrestable offence the jury are satisfied that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence).
(3) A person guilty of an offence under subsection (1) shall be liable—
(a) on conviction on indictment, to imprisonment for 10 years; or
(b) on summary conviction, to a fine at level 2 and to imprisonment for 2 years. (Amended E.R. 4 of 2021)
(4) No proceedings shall be instituted for an offence under subsection (1) except with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
(5) Nothing in subsection (4) shall prevent the arrest, or the issue of a warrant for the arrest, of any person for an offence under subsection (1), or the remand in custody or on bail of a person charged with such an offence.
(Replaced 5 of 1971 s. 7)[cf. 1967 c. 58 s. 4 U.K.]

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

91. Penalties for concealing offences
(1) If a person has committed an arrestable offence, any other person who, knowing or believing that the offence or some other arrestable offence has been committed, and that he has information which might be of material assistance in securing the prosecution or conviction of an offender for it, accepts or agrees to accept for not disclosing that information any consideration shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 2 years.
(2) If a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any person or property, or tending to show that he has information material to any police inquiry he shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)
(3) No prosecution shall be instituted for an offence under subsection (1) except with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
(4) The compounding of an offence shall not be an offence otherwise than under this section. (Amended 6 of 2024 s. 145)
(5) (Repealed 50 of 1991 s. 4)(Replaced 5 of 1971 s. 7)[cf. 1967 c. 58 s. 5 U.K.]

94A. Negative averments
(1) It shall not be necessary in an indictment, charge, complaint or information alleging an offence to negative any exception or exemption from or qualification to the operation of the law creating the offence.
(2) For the avoidance of doubt it is hereby declared that in criminal proceedings—
(a) it is not necessary for the prosecution to negative by evidence any matter to which this subsection applies; and
(b) the burden of proving the same lies on the person seeking to avail himself thereof.
(3) This section applies to criminal proceedings in the District Court or a magistrate’s court.
(4) The matters to which subsection (2) applies are any licence, permit, certificate, authorization, permission, lawful or reasonable authority, purpose, cause or excuse, exception, exemption, qualification or other similar matter.
(Added 5 of 1971 s. 8)