||Title:||COMPLEX COMMERCIAL CRIMES ORDINANCE||Gazette Number:|
|Section:||9||Heading:||Power to order preparatory hearing||Version Date:||30/06/1997|
(1) Where it appears to a judge that the indictment delivered under section 8 and the summary of evidence delivered under section 6, reveal, in respect of the count or counts to which section 3(1) relates, a case of fraud or dishonesty in a commercial context, of such seriousness and complexity that substantial benefits are likely to accrue from a hearing (a "preparatory hearing" (預審) ) before the jury is empanelled, for the purpose of-
he may order that such a hearing shall be held in respect of the count or counts to which section 3(1) relates.
(a) identifying issues which are likely to be material to the verdict of the jury;
(b) assisting the jury's comprehension of any such issues;
(c) expediting the proceedings before the jury; or
(d) assisting the judge's management of the trial,
(2) The judge may make an order under subsection (1) on the application either of the prosecutor or of the person indicted or of his own motion.
(3) At a preparatory hearing the judge may-
(4) An order made at a preparatory hearing shall have effect for the purposes of the trial except to the extent that the judge in the interests of justice varies or discharges that order.
(a) exercise all of the powers specified in this Part and, subject to this Part, make any order which he is empowered to make under this Ordinance;
(b) determine any question of law relating to the case including any question as to the admissibility of evidence; and
(c) prescribe the period within which notice of particulars of alibi under section 65D of the Criminal Procedure Ordinance (Cap 221) is required to be given.
(5) Any order made at a preparatory hearing may specify the time within which it is to be complied with.
(6) A preparatory hearing may from time to time be adjourned by the judge to a time and place appointed by him.
(7) Nothing in this section shall derogate from the discretion of the court to sever any indictment and order the separate trial of any count or counts of the indictment.