) Proceedings for an offence are instituted in Hong Kong-
(a) when a magistrate issues a warrant or summons under section 72 of the Magistrates Ordinance (Cap
227) in respect of the offence;
(aa) when a person has been arrested for the offence and released on bail or has refused bail; (Added 26 of
2002 s. 2)
(b) when a person is charged with the offence after being taken into custody without a warrant; or
(c) when an indictment is preferred by the direction or with the consent of a judge under section 24A(1)(b)
of the Criminal Procedure Ordinance (Cap 221),
and where the application of this subsection would result in there being more than one time for the institution of
proceedings, they shall be taken to have been instituted at the earliest of those times