(5) 如根據第(1)款獲送達通知書的人，藉根據第(3)款所發手令被帶 到裁判官席前，裁判官須命令該人繳付不少於$80但不超過$1500的訟費， 不論他是否被裁定犯有通知書上所指稱的罪行︰ (由1984年第18號第3條 修訂)
" (5) If a person upon whom a notice under subsection (1) has been served is brought before a magistrate by a warrant issued under subsection (3), the magistrate shall order that person to pay costs of not less than $80 and not more than $1500, whether or not he is convicted of the offence alleged in the notice: (Amended 18 of 1984 s. 3)"
但如裁判官信納有特殊情況，以致規定遵照通知書辦理並不公平，則 不得作出此項命令。
Provided that no order shall be made where the magistrate is satisfied that exceptional circumstances existed which rendered it inequitable to require compliance with the notice.
(6) 根據第(5)款頒令須付的訟費，可根據第69(2)條予以追討，方式 與追討根據第69(1)條判給的訟費相同。
(6) Any costs ordered to be paid under subsection (5) shall be recoverable under section 69(2) in the same manner as costs awarded under section 69(1).
(7) 即使本條例有任何相反的規定，裁判官仍可容許根據第(1)款獲送 達通知書的人由他人代表出庭，但該名代表須令裁判官信納他已獲授權認 罪，並有能力繳付所判處的任何罰款。
" (7) Notwithstanding anything to the contrary in this Ordinance, a magistrate may permit a representative to appear on behalf of a person upon whom a notice under subsection (1) has been served where such representative satisfies the magistrate that he is authorized to enter a plea of guilty and is himself able to pay any fine imposed."
(1) 如有人在裁判官席前宣誓證明他向裁判官所提出的申訴或告發的 事項屬實，裁判官可先行發出手令，或即使以前已發出傳票，仍可發出手 令，以逮捕被告人及將他帶到裁判官席前，就申訴或告發作出答辯。 ( 見表格4)
" (1) Where a complaint or information laid before a magistrate is substantiated by oath before him, the magistrate may, in the first instance or notwithstanding that a summons has been previously issued, issue a warrant to arrest the defendant and bring him before a magistrate to answer to the complaint or information. (See Form 4)"
(2) 凡藉根據第(1)款所發手令被逮捕的被告人，須被帶到裁判官席前 ，而裁判官可將聆訊延期，並按照第20條處置被告人。
" (2) Where a defendant is arrested under a warrant issued under subsection (1), he shall be brought before a magistrate, who may adjourn the hearing and deal with the defendant in accordance with section 20."
(1) 除非其他成文法則有不同規定，否則任何人可根據本部作出申訴 或提出告發，無須宣誓證明所申訴或告發的事項屬實；但在告發案中，凡 裁判官接獲告發後，如上述般先行發出拘捕被告人的手令，則在先行發出 手令之前，告發人或其證人須宣誓證明所告發的事項屬實。 (由1998年 第25號第2條修訂)
" (1) Every complaint and every information under this Part, unless some enactment otherwise requires, may respectively be made or laid without any oath being made of the truth thereof; except in case of an information where the magistrate receiving the same thereupon issues his warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such warrant shall be issued. (Amended 25 of 1998 s. 2)"
(2) 就被控人被控的每項不同罪行，須逐一作出申訴或提出告發，而 每項該等申訴或告發須各別審理，但下述情況則屬例外─
" (2) For every distinct offence of which any person is accused there shall be a separate complaint or information, and every such complaint or information shall be tried separately except in the following cases-"
(a) 當任何人被控多於一項相同或類似性質的罪行時，則在不抵觸第 26條的條文下，他可同時被控告任何此等罪行及同時受審，不論此等罪行 是否就同一人而犯︰ (由1965年第49號第4條修訂)
" (a) when a person is accused of more offences than one of the same or a similar character he may, subject to the provisions of section 26, be charged with and tried at the same time for any such offence, whether it is committed with respect to the same person or not: (Amended 49 of 1965 s. 4)"
但如裁判官認為被控人在其抗辯上會遭受妨害或為難，他可下令將任 何一項控罪或多項控罪作各別審訊；
" Provided that if the magistrate is of opinion that a person accused will be prejudiced or embarrassed in his defence, he may order a separate trial of any such charge or charges;"
(b) 如在一連串相連而構成同一事件的作為中，同一人犯了超過一項 罪行，他可同時被控告各項罪行及就各項罪行同時受審；及
" (b) if in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at the same time for every such offence; and"
(c) 如由於單獨一項作為或一連串作為的性質，令致難以確定能獲證 明的事實構成數項罪行中的那一項，則被控人可被控告犯了全部或其中任 何罪行，而任何數目的該等控罪均可同時審理；被控人亦可交替地被控告 上述罪行的其中一項。 (由1949年第24號第6條代替)
" (c) if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused person may be charged with having committed all or any of such offences and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. (Replaced 24 of 1949 s. 6)"
(3) 每項申訴或告發可由申訴人或告發人親自作出或提出，或由其代 表律師或為此目的而獲授權的其他人作出或提出。
(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorized in that behalf.
(4) 如《公訴書規則》(第221章，附屬法例)在加以必要的變通後適用 於該等申訴或告發，則每項該等申訴或告發須符合加以必要變通的上述規 則。 (由1976年第36號第4條代替)
(4) Every such complaint or information shall comply with the Indictment Rules (Cap 221 sub. leg.) in so far as those rules are applicable mutatis mutandis to any such complaint or information. (Replaced 36 of 1976 s. 4)
裁判官聆訊及審理申訴或告發案的房間或地點，須當作為公開及公眾 法庭，只要能方便容納公眾人士，則公眾人士一般均可進入，但如證據屬 不雅性質，或檢控乃針對違反《社團條例》(第151章)的罪行，而該罪行 是涉及或與三合會有關且裁判官另有指示者，則屬例外，而裁判官在此情 況下，須在供詞上記錄他作出的指示︰
" The room or place in which a magistrate sits to hear and try any complaint or information shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them, unless the magistrate otherwise directs where the evidence is of an indecent character, or where a prosecution is for an offence against the Societies Ordinance (Cap 151) and is an offence relating to or otherwise connected with a Triad Society, in which case he shall make a note on the depositions of the direction which he has given:"
但無論如何，裁判官宣讀其裁定及其後任何法律程序，除根據第104條 進行有需要聽取證據的覆核外，均須在公開及公眾法庭進行。
" Provided that in any case the delivery by the magistrate of his determination and any proceedings subsequent thereto, other than a review under section 104 which requires the hearing of evidence, shall take place in open and public court."
律政司可委任任何公職人員或任何類別的公職人員為公職檢控官，以 一般性地代表他在裁判官席前進行任何檢控，或進行任何特定類別的檢控 ，或就任何特定案件進行檢控。
" The Attorney General may appoint any public officer or class of public officers to act as public prosecutor or prosecutors and to conduct generally on his behalf any prosecution before a magistrate or any specified classes of prosecutions or any particular case.
Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed."
以此方式被委任的公職檢控官，可無須任 何書面授權而就其所負責正在研訊、審理或覆核中的案件在裁判官席前出 庭及進行申辯。
" The Attorney General may appoint any public officer or class of public officers to act as public prosecutor or prosecutors and to conduct generally on his behalf any prosecution before a magistrate or any specified classes of prosecutions or any particular case.
Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed."
(1) 凡並非代表或當作代表律政司的申訴人或告發人，可按其意願， 無須事先獲得許可，親自或由其代表律師進行與申訴或告發有關罪行的檢 控，但在裁判官席前審理的法律程序的任何階段中，律政司可介入並接手 進行有關法律程序，且可在第104條所定申請覆核的時限內，為了申請覆 核或成為覆核中的一方而介入。
(1) A complainant or informant who is not acting or deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 104 for applying for a review intervene for the purpose of applying for or being made a party to any review.
(2) 自律政司介入日期起，律政司須被當作代替申訴人或告發人而成 為法律程序或覆核中的一方。
(2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant.
(3) 律政司的介入可藉公職檢控官在律政司的指示下以口頭方式告知 裁判官而提出，或藉律政司親筆簽署有關其介入的書面通知向裁判官書記 而提出。
(3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk.
In the event of oral intimation as aforesaid having been given the Attorney General shall as soon as conveniently may be cause notice in writing of his intention to be lodged as aforesaid.
如已藉口頭方式如上述般告知，律政司事後須在方便範圍內盡快 如上述般安排以書面將其意圖通知裁判官書記。
(3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk.
In the event of oral intimation as aforesaid having been given the Attorney General shall as soon as conveniently may be cause notice in writing of his intention to be lodged as aforesaid.
(1) 如被控人因可公訴罪行正依據第91、92或92A條在裁判官席前接受 審訊，而在判決前的任何階段中，以及在裁判官為裁定應否將被控人交付 審判而正在進行的研訊中，律政司可將政府擬中止法律程序一事藉書面通 知裁判官而提出中止檢控，而被控人隨即須獲撤銷該項中止檢控所關乎的 控罪，他如已被押交監獄，須獲釋放，又倘若他正在保釋中，其擔保須予 撤銷；但此項對被控人控罪的撤銷並不禁制其後根據相同的事實針對被控 人提起法律程序。 (由1992年第59號第13條修訂；由1998年第25號第2條 修訂)
" (1) In any case before a magistrate in which an accused person is being tried for an indictable offence pursuant to section 91, 92 or 92A and at any stage thereof before judgment and in any case in which an inquiry is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Attorney General may enter a nolle prosequi by informing the magistrate in writing that the Government intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (Amended 59 of 1992 s. 13; 25 of 1998 s. 2)"
(2) 如提出中止檢控時，被控人不在裁判官席前，裁判官書記須隨即 將中止檢控一事，安排以書面通知被控人被羈留的監獄的負責人。
(2) If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates' clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.