Page:Crimes (Amendment) Ordinance 2021.pdf/17

Crimes (Amendment) Ordinance 2021 Ord. No. 35 of 2021 Section 3 :(6) Subject to section 159AAM, a magistrate may determine an application under subsection (1) or review a disposal order under subsection (5) based on written materials without calling any witness.
 * (7) The Secretary for Justice may appoint a person or class of persons to make an application under subsection (1) or (5)(b).
 * (8) To avoid doubt—
 * (a) the validity of a disposal order is not affected only by—
 * (i) the verdict of acquittal or quashing of a conviction on appeal, of the specified offence to which the disposal order relates;
 * (ii) proceedings under section 104 of the Magistrates Ordinance, in relation to the specified offence;
 * (iii) the discontinuation of the prosecution of the specified offence; or
 * (iv) the termination of the criminal proceedings; and
 * (b) the time limit of 14 clear days under section 104 of the Magistrates Ordinance does not apply in relation to a magistrate’s power to review a disposal order under subsection (5).
 * 159AAM. Procedures in relation to disposal order
 * (1) An application under section 159AAL(1) or (5)—
 * (a) must be made in writing; and
 * (b) must be filed with a magistrate.