Clause 2

by inserting, immediately after the definitions of “arrestable offence” and “arrestable case” in subsection (1), the following definition:“ “audiovisual recording” means an aggregate of visual images and sounds embodied in a thing, so as to be capable, by the use of that thing, of being produced electronically and shown as a moving picture with associated sounds;”;

by inserting, immediately after the definition of “bailable offence” in subsection (1), the following definition:“ “child abuse offence” means an offence under section 5(1), 6, 7, 11(2), 12 or 13 of the Children and Young Persons Act (Cap. 38), and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;”;

by inserting, immediately after the definition of “court” in subsection (1), the following definition:“ “Criminal Procedure Rules” —

means the Criminal Procedure Rules made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and

includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules;”;

by inserting, immediately after the definition of “criminal record” in subsection (1), the following definition:“ “data” has the same meaning as in the Computer Misuse Act;”;

by inserting, immediately before the definition of “financial institution” in subsection (1), the following definition:“ “expert” means a person with scientific, technical or other specialised knowledge based on training, study or experience;”;

by inserting, immediately after the definition of “fine” in subsection (1), the following definition:“ “fine-only offence” means an offence that is punishable only with a fine;”;

by deleting the words “committal hearing,” in the definition of “proceeding” in subsection (1);

by deleting the definition of “Registrar of the State Courts” in subsection (1) and substituting the following definitions:“ “Registrar of the Family Justice Courts” means the registrar of the Family Justice Courts, and includes the deputy registrar and an assistant registrar of the Family Justice Courts;“Registrar of the State Courts” means the registrar of the State Courts, and includes a deputy registrar of the State Courts;”;

by inserting, immediately after the definition of “repealed Code” in subsection (1), the following definition:“ “sexual offence” means —

an offence under section 354, 354A, 355, 356, 357, 358, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G, 377(3), 377A or 377B(3) of the Penal Code (Cap. 224); or

an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter (Cap. 353),and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;”;

by deleting the definition of “signed” or “signature” in subsection (1) and substituting the following definition:“ “signed” or “signature” and its grammatical variations has the same meaning as in section 2(1) of the Electronic Transactions Act (Cap. 88);”;

by inserting, immediately after the definition of “stolen property” in subsection (1), the following definition:“ “terrorist act” has the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act (Cap. 325);”; and

by inserting, immediately after subsection (1), the following subsection:“(1A) Any power conferred on a court by this Code to make an order for the disposal of any property includes a power to make an order for the forfeiture, confiscation or destruction of the property, or for the delivery of the property to any person, but must be exercised subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law that is applicable to the case.”.