Crimes (Amendment) Ordinance 2021
Ord. No. 35 of 2021
Section 3
A3629
- (6) Subject to section 159AAM, a magistrate may determine an application under subsection (1) or review a disposal order under subsection (5) based on written materials without calling any witness.
- (7) The Secretary for Justice may appoint a person or class of persons to make an application under subsection (1) or (5)(b).
- (8) To avoid doubt—
- (a) the validity of a disposal order is not affected only by—
- (i) the verdict of acquittal or quashing of a conviction on appeal, of the specified offence to which the disposal order relates;
- (ii) proceedings under section 104 of the Magistrates Ordinance, in relation to the specified offence;
- (iii) the discontinuation of the prosecution of the specified offence; or
- (iv) the termination of the criminal proceedings; and
- (b) the time limit of 14 clear days under section 104 of the Magistrates Ordinance does not apply in relation to a magistrate’s power to review a disposal order under subsection (5).
- (a) the validity of a disposal order is not affected only by—
- 159AAM. Procedures in relation to disposal order
- (1) An application under section 159AAL(1) or (5)—
- (a) must be made in writing; and
- (b) must be filed with a magistrate.
