1198
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.
ef. Ord.
31 of 1911,
6. 39 B (14). and the
Prisons Ordinance, 1932, ss. 2 and 3.
Saving of special procedure.
Use of forms.
First Schedule.
Police magistrates.
Marine magistrates.
Powers of justices of
the peace,
etc.
(1) "Prison includes any place or building or portion of a building set apart, or hereafter to be set apart, for the purpose of a prison under any Ordinance relating to prisons.
(m) "The Registrar" means the Registrar of the Supreme
Court.
(n) "Respondent" means the opposite party whose in- terest conflicts with the interest of any person appealing within the meaning of section 100 or section 105.
(o) "Sum adjudged to be paid by a conviction" and "sum adjudged to be paid by an order", respectively, include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order.
3. Nothing in this Ordinance shall affect any special pro- cedure provided in any Ordinance not hereby repealed.
4.-(1) The forms in the First Schedule or forms to the like effect, with such variations or additions as circumstances may require, shall be deemed good, valid and sufficient in law.
(2) Reference to the forms in the said Schedule is made in connexion with the subjects to which they respectively relate by the insertion in the margin of references to the said forms.
PART I.
CONSTITUTION OF MAGISTRATES.
5.-(1) There shall be either one or more magistrates, who shall be justices of the peace by virtue of their office, and shall have and exercise all such powers and jurisdiction as were vested in police magistrates before the commencement of this Ordinance, except as altered or repealed by this or any other Ordinance; and whenever by any past Ordinance or statute in force in the Colony any proceeding, act or thing is authorised to be taken or done by a justice or justices of the peace, the same may be taken or done by one magistrate.
(2) The Governor may appoint magistrates from time to time and any such magistrate so appointed shall be capable of exercising all the powers and jurisdiction of a magistrate even though he has been appointed to some other office sub- sequently to his appointment as such magistrate.
6. The Harbour Master, the Deputy Harbour Master and the Assistant Harbour Master shall each of them be a marine magistrate, who, without prejudice to any other jurisdiction, power or authority possessed by a marine magistrate, shall have the power and authority of a magistrate to hear and determine cases of assault and assault and battery where there is no intent to commit a felony; and the provisions of this Ordinance in relation to the procedure before a magistrate in such cases shall apply mutatis mutandis to cases before a marine magistrate.
7.--(1) In every case where a magistrate may issue a warrant for the apprehension of any person, it shall be lawful for a justice of the peace, on the application of a police officer and on oath being made before him substantiating the matter of the information to his satisfaction, to issue such warrant in order that such person may be brought before a magistrate to be dealt with according to law.
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