Criminal Procedure (Record of Bail Proceedings) Rules
(Enacting provision omitted—E.R. 6 of 2019)
[18 September 1995] L.N. 425 of 1995
(Format changes—E.R. 6 of 2019)
(Omitted as spent—E.R. 6 of 2019)
For the purposes of section 9Q of the Ordinance, a record of all bail proceedings shall be maintained and shall consist of a summary of all matters relevant to such proceedings including any application for admission to bail, the grounds of such application, the grounds of any objection to any admission to bail, the adjudication of the court and the reasons for such adjudication.
A record of all bail proceedings kept under subrule (1) may be kept—
in writing;
in the form of a disc, card, tape, microchip, sound track or other device on or in which information or data is recorded or stored by mechanical, digital, electronic, optical or other means; or (6 of 2025 s. 50)
partly in the form referred to in paragraph (a) and partly in the form referred to in paragraph (b).
An extract of the record of bail proceedings mentioned in subrule (1) in the form prescribed in the Schedule shall be made available to the accused person and to counsel and solicitors engaged in the proceedings.
Extract of Record of Bail Proceedings
_ Court/Magistracy
| Name . Case No. |
| Date of hearing |
| Case adjourned to 9.30 a.m. on . in Court No. |
| (I) | Granted Bail. | □ | |||||
| (II) | Bail granted subject to the conditions listed in item V below which the court considers necessary to secure that the accused will not— | □ | (III) | Bail refused. Remanded in police custody | □ | ||
| Bail refused. Remanded in jail custody because there are substantial grounds for believing that the accused would— | □ | ||||||
| (a) | fail to surrender to custody as the court may appoint | □ | |||||
| (b) | commit an offence while on bail | □ | |||||
| (c) | interfere with a witness | □ | |||||
| (d) | pervert or obstruct the course of justice | □ | |||||
| (IV) | Reasons: | ||||||
| (a) | Nature and seriousness of the alleged offence including the likely disposal in the event of conviction. | □ | |||||
| (b) | Previous record of absconding in other proceedings. | □ | |||||
| (c) | Previously absconded in these proceedings. | □ | |||||
| (d) | Lack of local ties. | □ | |||||
| (e) | Appears to have no fixed abode. | □ | |||||
| (f) | Alleged to have committed this/these offence(s) while on bail for other matters. | □ | |||||
| (g) | Criminal record of similar offences. | □ | |||||
| (h) | Other suspects still at large. | □ | |||||
| (i) | Stolen goods/exhibits still to be recovered. | □ | |||||
| (j) | Others | □ | |||||
| (V) | Bail Conditions: | ||||||
| (a) | $ | Cash | □ | ||||
| (b) | Surety/Sureties required | ||||||
| $ | Cash | □ | |||||
| $ | Own recognizance | □ | |||||
| $ | Cash | □ | |||||
| $ | Own recognizance | □ | |||||
| (c) | Not to leave Hong Kong. | □ | |||||
| (d) | Surrender all travel documents prior to/within . of release from custody. | □ | |||||
| (e) | To reside at address given. | □ | |||||
| (f) | To obey a curfew from . to . | □ | |||||
| (g) | To report to . Police Station between the hours of . and . on Mon/Tue/Wed/Thur/Fri/Sat/Sun/Everyday. | □ | |||||
| (h) | To inform . Police Station 24 hours prior to any change of residence. | □ | |||||
| (i) | Not to contact either directly or indirectly any prosecution witness. | □ | |||||
| (j) | Others | □ | |||||
| Judge/Magistrate |