Cap 394 s 3 Application for transfer (COMPLEX COMMERCIAL CRIMES ORDINANCE)

Contents of Section

Chapter:	394	Title:	COMPLEX COMMERCIAL CRIMES ORDINANCE	Gazette Number:	L.N. 362 of 1997; 25 of 1998
Section:	3	Heading:	Application for transfer	Version Date:	01/07/1997

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) Where-

(a) a person is accused before a magistrate of an indictable offence; and

(b) the Secretary for Justice is of the opinion that the evidence of the offence-

(i) would be sufficient for the accused to be committed for trial; and

(ii) reveals a case of fraud or dishonesty in a commercial context, of such seriousness and complexity that it is appropriate that it be transferred to the court pursuant to this Ordinance,

the Secretary for Justice may apply to the magistrate for an order of transfer.
(2) In an application under subsection (1), the Secretary for Justice may also apply to have other indictable offences alleged against the accused which do not fall within subsection (1)(b)(ii) transferred to the court as part of the same proceedings.
(3) An application under this section may not be made after the accused has been asked, under section 80C(1) of the Magistrates Ordinance (Cap 227), whether or not he elects to have the charge against him heard at a preliminary inquiry under that Ordinance.

(Amended L.N. 362 of 1997)