PART II
Transfer to High Court
Application for transfer. 3. (1) Where—
- (a) a person is accused before a magistrate of an indictable offence; and
- (b) the Attorney General 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 Attorney General may apply to the magistrate for an order of transfer.
(2) In an application under subsection (1), the Attorney General 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 (Cap. 227).Magistrates Ordinance, whether or not he elects to have the charge against him heard at a preliminary inquiry under that Ordinance.
Order of transfer. 4. (1) Upon the making of an application under section 3 the magistrate shall make an order (an “order of transfer”) transferring the proceedings to the court.
(2) An order of transfer shall operate as a stay of proceedings before the magistrate touching the information or complaint to which the order refers and all process relating to the transferred proceedings shall be transmitted to the court.
(3) Where a magistrate makes an order of transfer he shall—
- (a) inform the accused that thereafter this Ordinance shall apply to his case;
- (b) inform the accused, unless he is already in receipt of legal aid, of his right to apply for legal aid;
- (c) warn the accused that at his trial he may not be permitted to give evidence of an alibi or call witnesses in support of an alibi unless he has earlier given particulars of the alibi and of the witnesses in accordance with section 65D of the (Cap. 221).Criminal Procedure Ordinance, and if it appears to the magistrate that the accused may not understand the meaning of the term “alibi”, he shall explain it to him; and
- (d) inform the accused that he has the right to apply to a judge for discharge in accordance with this Ordinance on the grounds that there is no prima facie case against him.
(4) Where the magistrate has given the information required by subsection (3)(a), the clerk of the court shall give the accused written notice of the provisions of sections 9 and 25 of this Ordinance.
