1236
1932.
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,
Compelling magistrate
to state or amed case or to grant certificate.
c. 43, s. 5.
111. (1) Subject as aforesaid, if the magistrate refuses to state a case, or neglects to state a case within three weeks from the tune when the application therefor was granted, or refuses to amend a case, when stated and delivered, on the 20 & 21 Vict. application of either party
the time limited for such amendment, or refuses a certificate for leave to appeal, it shall be lawful for the party aggrieved by such refusal or neglect to apply to the Full Court, by notice of motion served on the magistrate and on the other party, supported by an affidavit of the facts, for a rule calling upon the magistrate to show cause why such case should not be stated or amended or such leave to appeal granted; and the Full Court may make the same absolute or discharge the same with or without pay- ment of costs by the magistrate or either party, as may seem just.
Depositions admissible on appeal.
Power to the Full Court to determine questions on case stated
or on re-
hearing,
20 & 21 Vict.
c. 43, s. 6.
Enforcing determination after appeal.
(2) The magistrate, on being served with such rule ab- solute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.
112. On any appeal under section 105 or on any applica- tion under section 104 for a case stated to be sent back for amendment or on any motion under section 118, the depositions taken before the magistrate, or a certified copy thereof, shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place.
113. The Full Court, on the argument of any case stated or on any re-hearing, may reverse or affirm the decision of the magistrate, or may amend or alter such decision by making any order which the magistrate would have had power to make in the matter, or may remit the matter to the magistrate with the opinion of the Full Court thereon, or may make such other order in relation to the matter, and make such orders as to costs, as to the Full Court may seem fit: Provided always that no magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination,
to
114.- (1) After the decision of the Full Court in relation any appeal under this Ordinance, the magistrate shall have 20 & 21 Vict. authority to enforce any conviction or order which may have been affirmed, amended or made by such court as fully and in the same manner as though it were the original decision of the magistrate.
c. 43, s. 9.
Issue of warrant of distress or
(2) No action, suit or proceeding whatsoever shall be commenced or had against the magistrate for enforcing such conviction or order.
115.- (1) After an appeal has been decided, if the same has been decided in favour of the respondent, any magistrate commitment may issue his warrant of distress or commitment for the for execution execution of such conviction or order as if no such appeal
had been brought
of conviction
or order
after appeal.
11 & 12 Vict. c. 43, s. 27.