An Ordinance to make provision about the jurisdiction of courts in Hong Kong in relation to certain offences and for connected purposes.
[8 March 1996] L.N. 130 of 1996
(Format changes—E.R. 1 of 2019)
(Enacting provision omitted—E.R. 1 of 2019)
(Amended E.R. 1 of 2019)
This Ordinance may be cited as the Criminal Jurisdiction Ordinance.
(Omitted as spent—E.R. 1 of 2019)
This Ordinance applies to 2 groups of offences—
any offence mentioned in subsection (2) (a Group A offence); and
any offence mentioned in subsection (3) (a Group B offence).
The Group A offences are—
an offence under any of the following provisions of the Theft Ordinance (Cap. 210)—
| section 9 | (theft) | |
| section 16A | (fraud) (Added 45 of 1999 s. 7) | |
| section 17 | (obtaining property by deception) | |
| section 18 | (obtaining pecuniary advantage by deception) | |
| section 18A | (obtaining services by deception) | |
| section 18B | (evasion of liability by deception) | |
| section 18D | (procuring false entry in certain records by deception) | |
| section 19 | (false accounting) | |
| section 21 | (false statements by company directors, etc.) | |
| section 22(2) | (procuring the execution of a valuable security by deception) | |
| section 23 | (blackmail) | |
| section 24 | (handling stolen goods) |
an offence under any of the following provisions of the Crimes Ordinance (Cap. 200)—
| section 71 | (forgery) | |
| section 72 | (copying a false instrument) | |
| section 73 | (using a false instrument) | |
| section 74 | (using a copy of a false instrument) | |
| section 75 | (possessing a false instrument) | |
| section 76 | (making or possessing equipment for making a false instrument) |
The Group B offences are—
conspiracy to commit a Group A offence;
conspiracy to defraud;
attempting to commit a Group A offence;
incitement to commit a Group A offence.
The Chief Executive in Council may, by order in the Gazette, amend subsection (2) or (3) by adding or removing any offence. (Amended 39 of 1999 s. 3)
No order shall be made under subsection (4) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply in relation to any such order.
For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.
A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in Hong Kong.
[cf. 1993 c. 36 s. 2 U.K.]
A person may be guilty of a Group A or Group B offence—
whatever his citizenship or nationality, or whether or not he was a permanent resident of Hong Kong at any material time;
whether or not he was in Hong Kong at any such time.
On a charge of conspiracy to commit a Group A offence, or conspiracy to defraud in Hong Kong, the defendant may be guilty of the offence whether or not—
he became a party to the conspiracy in Hong Kong;
any act or omission or other event in relation to the conspiracy occurred in Hong Kong.
On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—
the attempt was made in Hong Kong;
it had an effect in Hong Kong.
On a charge of incitement to commit a Group A offence, the defendant may be guilty of an offence whether or not the incitement took place in Hong Kong.
Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the citizenship or nationality of the person charged.
[cf. 1993 c. 36 s. 3 U.K.]
In relation to a Group A or Group B offence—
there is an obtaining of property in Hong Kong if the property is either despatched from or received in Hong Kong; and
there is a communication in Hong Kong of any information, instruction, request, demand or other matter if it is sent by any means—
from Hong Kong to elsewhere; or
from elsewhere to Hong Kong.
[cf. 1993 c. 36 s. 4 U.K.]
Subject to section 7(1), a person may be guilty of conspiracy to commit any Group A offence, or of conspiracy to defraud, if—
a party to the agreement constituting the conspiracy, or a party’s agent, did anything in Hong Kong in relation to the agreement before its formation; or
a party to it became a party in Hong Kong (by joining it either in person or through an agent); or
a party to it, or a party’s agent, did or omitted anything in Hong Kong in pursuance of it,
and the conspiracy would be triable in Hong Kong but for the offence or fraud which the parties to it had in view not being intended to take place in Hong Kong.
Subject to section 7(2), a person may be guilty of attempting to commit or incitement to commit a Group A offence if—
the attempt is made or the incitement takes place in Hong Kong; and
the attempt or the incitement would be triable in Hong Kong but for what the person charged had in view not being an offence triable in Hong Kong.
A person is guilty of an offence triable by virtue of section 6(1) only if the pursuit of the agreed course of conduct would at some stage involve—
an act or omission by one or more of the parties; or
the happening of some other event,
constituting an offence under the law in force where the act, omission or other event was intended to take place.
A person is guilty of an offence triable by virtue of section 6(2) only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.
Conduct punishable under the law in force in any place is an offence under that law for the purpose of this section and section 8, however it is described in that law.
[cf. 1993 c. 36 s. 6(1)–(3) U.K.]
Subject to subsection (3), a condition specified in section 7(1) or (2) shall be taken to be satisfied unless, within a time specified by rules of court made by the Chief Justice, the defence serve on the prosecution a notice—
stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;
showing their grounds for that opinion; and
requiring the prosecution to show that it is satisfied.
The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (1).
In a trial in the Court of First Instance, the question whether the condition is satisfied shall be decided by the judge alone, and may be decided by him before a jury is empanelled. (Amended 25 of 1998 s. 2)
The Chief Justice may make rules of court specifying the time within which a notice under subsection (1) shall be served on the prosecution.
[cf. 1993 c. 36 s. 6(4)–(7) U.K.]
Nothing in this Ordinance applies to any act, omission or other event occurring before the coming into force of this Ordinance.
[cf. 1993 c. 36 s. 78(5) U.K.]