Criminal Jurisdiction Ordinance


Published: 1997-06-30

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Cap 461 - CRIMINAL JURISDICTION ORDINANCE 1

Chapter: 461 CRIMINAL JURISDICTION ORDINANCE Gazette Number Version Date

Long title 30/06/1997


An Ordinance to make provision about the jurisdiction of courts in Hong Kong in relation to certain offences and for
connected purposes.

(Enacted 1994)


[8 March 1996] L.N. 130 of 1996

(Originally 99 of 1994)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Criminal Jurisdiction Ordinance.
(2) (Omitted as spent)

(Enacted 1994)

Section: 2 Offences to which this Ordinance applies 45 of 1999 16/07/1999


Remarks:
Adaptation amendments retroactively made - see 39 of 1999 s. 3


(1) This Ordinance applies to 2 groups of offences-
(a) any offence mentioned in subsection (2) (a "Group A" offence); and
(b) any offence mentioned in subsection (3) (a "Group B" offence).

(2) The Group A offences are-
(a) 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)

(b) 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)

(3) The Group B offences are-
(a) conspiracy to commit a Group A offence;
(b) conspiracy to defraud;
(c) attempting to commit a Group A offence;
(d) incitement to commit a Group A offence.

(4) 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)

(5) No order shall be made under subsection (4) unless a draft of it has been laid before and approved by



Cap 461 - CRIMINAL JURISDICTION ORDINANCE 2

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.

(Enacted 1994)

Section: 3 Jurisdiction in respect of Group A offences 30/06/1997


(1) For the purpose of this section, "relevant event" (有關事情), in relation to any Group A offence, means
any act or omission or other event (including any result of one or more acts or omissions) proof of which is required
for conviction of the offence.

(2) 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.

(3) 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.

(Enacted 1994)
[cf. 1993 c. 36 s. 2 U.K.]


Section: 4 Questions immaterial to jurisdiction in the case of certain

offences
30/06/1997



(1) A person may be guilty of a Group A or Group B offence-
(a) whatever his citizenship or nationality, or whether or not he was a permanent resident of Hong Kong at

any material time;
(b) whether or not he was in Hong Kong at any such time.

(2) 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-

(a) he became a party to the conspiracy in Hong Kong;
(b) any act or omission or other event in relation to the conspiracy occurred in Hong Kong.

(3) On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence
whether or not-

(a) the attempt was made in Hong Kong;
(b) it had an effect in Hong Kong.

(4) 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.

(5) 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.

(Enacted 1994)
[cf. 1993 c. 36 s. 3 U.K.]


Section: 5 Location of events for jurisdictional purposes 30/06/1997


In relation to a Group A or Group B offence-
(a) there is an obtaining of property in Hong Kong if the property is either despatched from or received in

Hong Kong; and
(b) there is a communication in Hong Kong of any information, instruction, request, demand or other

matter if it is sent by any means-
(i) from Hong Kong to elsewhere; or
(ii) from elsewhere to Hong Kong.

(Enacted 1994)
[cf. 1993 c. 36 s. 4 U.K.]


Section: 6 Extended jurisdiction in relation to certain conspiracies,

attempts and incitements
30/06/1997



(1) Subject to section 7(1), a person may be guilty of conspiracy to commit any Group A offence, or of



Cap 461 - CRIMINAL JURISDICTION ORDINANCE 3

conspiracy to defraud, if-
(a) 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
(b) a party to it became a party in Hong Kong (by joining it either in person or through an agent); or
(c) 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.

(2) Subject to section 7(2), a person may be guilty of attempting to commit or incitement to commit a Group A
offence if-

(a) the attempt is made or the incitement takes place in Hong Kong; and
(b) 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.
(Enacted 1994)


Section: 7 Relevance of external law 30/06/1997


(1) 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-

(a) an act or omission by one or more of the parties; or
(b) 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.
(2) 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.
(3) 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.
(Enacted 1994)

[cf. 1993 c. 36 s. 6(1)-(3) U.K.]

Section: 8 Proof of external law 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2


(1) 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-

(a) stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their
opinion satisfied;

(b) showing their grounds for that opinion; and
(c) requiring the prosecution to show that it is satisfied.

(2) In subsection (1), "the relevant conduct" (有關行為) means-
(a) where the condition in section 7(1) is in question, the agreed course of conduct; and
(b) where the condition in section 7(2) is in question, what the defendant had in view.

(3) 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).

(4) 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)

(5) 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.]

Section: 9 Application 30/06/1997


Nothing in this Ordinance applies to any act, omission or other event occurring before the coming into force of
this Ordinance.



Cap 461 - CRIMINAL JURISDICTION ORDINANCE 4

(Enacted 1994)
[cf. 1993 c. 36 s. 78(5) U.K.]