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Safeguarding National Security Ordinance

Part 7—Division 4
Ord. No. 6 of 2024
Section 106
A707

(f) in applying section 14 of the Criminal Procedure Ordinance (Cap. 221) (Cap. 221), the reference to section 80C(4) of Cap. 227 in subsection (1)(a) of that section 14 is to be read as a reference to subsection (2)(b) of this section;
(g) in applying section 16 of Cap. 221—
(i) the reference to section 80C(4) of Cap. 227 in subsection (1) of that section 16 is to be read as a reference to subsection (2)(b) of this section; and
(ii) the reference to section 80C(1) of Cap. 227 in subsection (1) of that section 16 is to be read as a reference to subsection (2)(a) of this section; and
(h) if an application is made under section 77A of the District Court Ordinance (Cap. 336) for the proceedings to be transferred to the Court of First Instance, the following must be disregarded in applying that section—
(i) the requirement in subsection (4) of that section that the judge may only make an order allowing the application subject to subsection (5) of that section;
(ii) subsections (5) and (6) of that section; and
(iii) the condition in subsection (7) of that section that the accused elects under subsection (5) of that section to have a preliminary inquiry.

(4) For the purposes of subsection (3)(a)(ii) and (b)(ii), the matters are that if the accused pleads not guilty to the charge, the court will have the accused committed for trial in the Court of First Instance, and if the accused pleads guilty to the charge, the court will have the accused