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

25. Savings and interpretation
(1) Nothing in sections 18 and 23 or the rules made under section 9 shall affect the law or practice relating to the jurisdiction of a court or the place where an accused person can be tried, nor prejudice or diminish in any respect the obligation to establish by evidence according to law any acts, omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the laws of evidence in criminal cases. (Amended 35 of 1976 s. 8)
(2) In section 23 and this section the court (法院、法庭) means the court before which any indictable offence is tried or prosecuted.
(17 of 1919 s. 7 incorporated. Amended 20 of 1948 s. 4)[cf. 1915 c. 90 s. 8 U.K.]

26. Filing of indictment
Every indictment, when so signed as aforesaid, shall be brought to the Registrar’s office and shall be filed by him in the court.

27. Endorsement of notice of trial
(1) The Registrar shall endorse on or annex to every indictment and every copy thereof delivered for service a notice of trial, and such notice shall specify the date on which the accused person shall attend before the court to answer to the indictment. (Amended 63 of 1971 s. 4)
(2) The notice may be in Form 4 in Schedule 1 or as near thereto as circumstances will admit. (Amended 50 of 1911 s. 4; 8 of 1912 s. 52; 58 of 1994 s. 4)

28. Delivery of copies of the indictment for service and for information
The Registrar shall deliver or cause to be delivered to the bailiff, for service on the accused person, a copy of the indictment, with the notice of trial endorsed on the same or annexed thereto; and, if there are more accused persons than one, then as many copies as there are persons. The Registrar shall also deliver or cause to be delivered to the bailiff another copy for the information of the Commissioner of Correctional Services.
(Replaced 17 of 1930 s. 5)

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

29. Service
(1) The bailiff shall, as soon as may be after having received the same, deliver to a gaoler the copy and notice for the information of the Commissioner of Correctional Services and to the accused himself the copy and notice for service on the accused. (Replaced 17 of 1930 s. 6)
(2) In any case where the accused person cannot be found, the bailiff shall leave the said copy and notice with some one of his household for him at his dwelling-house, or with some one of his clerks for him at his place of business, and, if none such can be found, shall affix the said copy and notice to the outer or principal door of his dwelling-house. (Amended 13 of 1995 s. 2)
(3) The bailiff shall, at the time of service, explain to the accused person, or to the person, if any, with whom the said copy and notice are left, the nature and exigency thereof.

30. Return of service
The bailiff shall forthwith transmit to the Registrar a return in writing, signed by him, of the time and mode of service of the said copy and notice.

31. Plea of autrefois convict or autrefois acquit
(1) In criminal proceedings in any court on a plea of autrefois convict or autrefois acquit the accused person may state that he has been previously convicted or acquitted, as the case may be, of the offence charged.
(2) In this section, court (法院) includes the District Court and a magistrate.
(Replaced 34 of 1972 s. 6)[cf. 1851 c. 100 s. 28 U.K.]

32. Inspection of property by party or witnesses
(1) Either party shall be at liberty to apply to the court or a judge for a rule or order for the inspection, by himself or by his witnesses, of any real or personal property, the inspection of which may be material to the proper determination of the issue; and it shall be lawful for the court or judge, if it or he thinks fit, to make such rule or order, on such terms as to costs and otherwise as the court or judge may direct.
(2) In this section, court (法庭) includes the District Court and a magistrate. (Added 34 of 1972 s. 7)

33. Rule or order for attendance of jury
It shall be lawful for the court or a judge to make such rules or orders as may be necessary to procure the attendance of a jury for the trial of any case depending in the court, at such time and place and in such manner as the court or judge may think fit.
(Amended 13 of 1995 s. 19)

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

34. Summons to witness to attend Court of First Instance or District Court
(Amended 25 of 1998 s. 2)(1) For the purpose of any criminal proceedings before the court a summons requiring the person to whom it is directed to attend before the court and give evidence or produce any document or thing specified in the summons may be issued out of the court.
(2) If any person in respect of whom a witness summons has been issued applies to the court out of which the summons was issued and satisfied it that he cannot give any material evidence or, as the case may be, produce any document or thing likely to be of material evidence the court may direct that the summons shall be of no effect.
(3) Where on any such application a direction is given that a witness summons shall be of no effect, the person at whose instance the summons was issued may be ordered to pay the whole or any part of the costs of the application.
(4) Any costs payable under such an order shall be taxed by the proper officer of the court and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the court in a civil case.
(5) A witness summons shall continue to have effect until the conclusion of the proceedings at which the attendance of the witness is required.
(6) In this section court (法院、法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)[cf. 1965 c. 69 s. 2 U.K.]

35. Witness to be notified of date of hearing in Court of First Instance
(Amended 25 of 1998 s. 2)Where a person is the subject of a witness order and a date is set for the trial at which his attendance is required, the Registrar shall cause to be served upon him notice in writing of the date and time, and of the place, at which that person’s attendance is required under the witness order.
(Replaced 59 of 1981 s. 3)

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

36. Punishment for disobedience to witness order or summons
(1) Any person who—
(a) without just excuse disobeys a witness order or a witness summons requiring him to attend before a court; or
(b) refuses to be sworn or to give evidence when duly required to do so, whether or not he is the subject of a witness order or a witness summons,
shall be guilty of a contempt of that court which shall be punishable by that court summarily as a contempt committed in the face of the court.
(2) No person shall by reason of such disobedience or refusal be liable to imprisonment for a period exceeding 2 years.
(3) In this section court (法庭) includes the District Court.
(Replaced 59 of 1981 s. 3)[cf. 1965 c. 69 s. 3 U.K.]