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Chapter: | 461
| Title: | CRIMINAL JURISDICTION ORDINANCE | Gazette Number: | |
| Section: | 8 | Heading: | Proof of external law | Version Date: | 30/06/1997 |
Caution : This is a past version. See the current version for the latest position.
(1) Subject to subsection (3), a condition specified in section 7(1) or (2) shall be taken to be satisfied unless, within a time specified by rules of court made by the Chief Justice, the defence serve on the prosecution a notice-
(a) stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;
(b) showing their grounds for that opinion; and
(c) requiring the prosecution to show that it is satisfied.
(2) In subsection (1), "the relevant conduct" (有關行為) means-
(a) where the condition in section 7(1) is in question, the agreed course of conduct; and
(b) where the condition in section 7(2) is in question, what the defendant had in view.
(3) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (1).
(4) In a trial in the High Court, the question whether the condition is satisfied shall be decided by the judge alone, and may be decided by him before a jury is empanelled.
(5) The Chief Justice may make rules of court specifying the time within which a notice under subsection (1) shall be served on the prosecution.(Enacted 1994)
[cf. 1993 c. 36 s. 6(4)-(7) U.K.]