Safeguarding National Security Ordinance
committed to the Court of First Instance for sentence on that charge.
107. Accused not to apply for discharge without hearing after committal
(1) If a certificate is issued in relation to a case under Article 46 of the HK National Security Law, section 16 of the Criminal Procedure Ordinance (Cap. 221) has no effect in relation to the case.
(2) Accordingly, in applying section 85A of Cap. 227, subsection (1)(e) of that section must be disregarded.
(3) This section does not limit the application of any other provision of this Division to the case to the extent that the other provision of this Division is not inconsistent with this section.
108. Lifting of restrictions on reports of committal proceedings
(1) This section applies in place of section 87A(2) of Cap. 227.
(2) Despite section 87A(1) of Cap. 227, a magistrate may, on application by the prosecution or the accused, order that the section does not apply to relevant reports of the committal proceedings.
(3) However, the magistrate may only make an order under subsection (2) on being satisfied that doing so is necessary in the interests of justice and would not be contrary to the interests of national security.
(4) An order made under subsection (2) must be entered in the Magistrate’s Case Register.
(5) If there are more than one accused in the case, the reference to the accused in subsection (2) is a reference to one of the accused.
