Page:Crimes (Amendment) Ordinance 2021.pdf/17

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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).
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.