Cap 394 s 7 Custody or bail pending trial (COMPLEX COMMERCIAL CRIMES ORDINANCE)

Contents of Section

Chapter:	394	Title:	COMPLEX COMMERCIAL CRIMES ORDINANCE	Gazette Number:	25 of 1998
Section:	7	Heading:	Custody or bail pending trial	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Where the accused is in custody when an order of transfer is made, the magistrate may-

(a) order that he be kept in custody until such date as the court may require him to stand his trial; or

(b) release him on bail in any case where he has power to admit a person charged with an indictable offence to bail under the Magistrates Ordinance (Cap 227).

(2) Where the accused is on bail when an order of transfer is made any requirement that he must appear before the magistrate on a return day shall cease upon the making of the order and he shall instead be required to appear before the Court of First Instance on the day fixed by the Registrar for the commencement of the trial. (Amended 25 of 1998 s. 2)
(3) If a magistrate orders that the accused be kept in custody under this section he shall inform him of his right to apply to a judge for bail.
(4) In subsection (2) "return day" (提訊日) means the day appointed as such under section 80A(1) or (2) of the Magistrates Ordinance (Cap 227) or a day to which proceedings are adjourned under section 80B(6) thereof.