1202 THE HONG KONG GOVERNMENT O
First Schedule
Form No. 39.
Adjourn ment of
hearing and procedure thereon. 11 & 12 Vict. c. 43, s. 16.
DECEMBER 9, 1932.
proper form under his hand and seal, and he shall cause the same to be lodged with the magistrates' clerk, who shall re- gister the same as hereinafter provided
(4) If the magistrate dismisses the complaint or informa- tion, it shall be lawful for him, if he thinks fit, on being requir- ed to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf a certificate thereof, which said certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party.
14.--(1) Before or during the hearing of any complaint or information as aforesaid, it shall be lawful for a magistrate in his discretion to adjourn the hearing of the same to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, or their respective counsel, and in the meantime the magistrate granting and making such adjournment may suffer the defendant to go at large, or may commit him to prison or some other place of security or to such other safe custody as the magistrate may think fit, or may discharge the defendant on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing or further hearing is adjourned: Provided always that in every case where a defendant is dis- charged on recognizance as aforesaid, and does not afterwards Nos. 4 and 5. appear at the time and place mentioned in the recognizance, the magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provid- ed, and may forthwith issue his warrant for the apprenhension of the defendant.
First Schedule, Forms
First Schedule. Form No. 7.
(2) If, at the time and place to which the hearing or further hearing is so adjourned, the complainant or informant does not appear, either personally or by counsel, the magistrate then present may dismiss the complaint or information, with or without costs, as to the magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not ap- issue pear, either personally or by counsel, the magistrate may his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think re- quisite.
Provisions as to
witnesses.
c. 43, s. 7.
General.
15.-(1) If it is made to appear to a magistrate, by the oath of any credible person, that any person within the Colony 11 & 12 Vict. is likely to give material evidence on behalf of the complainant or informant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and Form No. 8. appear at a time and place mentioned in the summons before a magistrate to testify what he knows concerning the matter of the complaint or information.
First Schedule.
(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such