GOVERMENT GAZETTE, DECEMBER 9, 1932.
THE HONG KONG,
person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expen- ses in that behalf, it shall be lawful for the magistrate before First whom such person should have appeared to issue a warrant, Form No. 9. under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid.
Schedule.
Schedule.
(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give First evidence without being compelled to do so, then, instead of Forta No. 10. issuing a summons, it shall be lawful for him to issue his warrant in the first instance.
as to Witness
be sworn or answer,
(4) If any person having come before a magistrate Provisions whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse refusing to to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him con- First cerning the premises, the magistrate may, by warrant under Schedule. his hand and seal, order him to be imprisoned, without hard labour, for any time not exceeding two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding twenty dollars.
Form No. 11.
order
ments.
16. The powers contained in sections 15 and 72 enabling Power to a magistrate to issue a summons to any witness to attend to production give evidence before a magistrate shall be deemed to include of docu- the power to summon and require a witness to produce to such 4 & 5 Geo, 5, magistrate books, plans, papers, documents, articles, goods c. 58, s. 29. and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, Schedule. or to give evidence, shall apply accordingly, and a magistrate Forms shall have power to vary or add to the forms in the First Nos. 8, 9, Schedule accordingly.
any
First
10 and 11.
Variance between
and evidence.
c. 43, s. 9.
offence 17.-(1) In every case of an information for punishable on summary conviction any variance between the information information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been 11 & 12 Vict. committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by whom the information is heard and determined.
(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate present and acting at the bearing to be such that the party charged by the information has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some
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