HONG KONG.
45
FORM NO. 94.
Recognizance of Appeal.
[8. 118E (iv)].
IN THE POLICE COURT AT
[The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows]:
,
19
The condition of the within-written recognizance is such that if he the said
shall personally appear and surrender himself at the Supreme Court before the judge thereof at each and every hearing of his appeal from a conviction [or sentence] of J.P., Esquire, & magistrate, dated the
day of to such judge and at the final determination of such appeal and then and there abide by the judgment of the said judge and not depart or be absent from such Court at any such hearing without the leave of the said judge, and in the meantime not to depart out of the Colony of Hong Kong, then this recognizance to be void cr else to stand in full force and effect.
Objects and Reasons.
1. Section 26 of the Magistrates Ordinance, 1932, has been repealed in order to avoid overlapping with section 18 of the Police Force Ordinance, 1932, as enacted by section 2 of the Police Force Amendment Ordinance, 1936.
2. In section 108 (5) of the Magistrates Ordinance, 1932, the conditions of the recognizance did not require the attendance of the appellant at the hearing of the appeal. It merely required submission to the judgment of the Full Court and appearance before the magistrate within 10 days after such judgment. If the decision was adverse the appellant had ample time to forfeit his recognizance and leave the Colony. Section 3 of this Ordinance abolishes this period and requires the appellant's attendance at the hearing of the appeal.
3. Section 109 (1) of the Magistrates Ordinance, 1932, makes no provision for service of notice by post but it has been found in practice that such facilities are desirable. In the new section 4 of this Ordinance the wording of section 31 of the Summary Jurisdiction Act, 1879 (42 and 43 Vict. c. 49), as enacted by section 1 (x) of the Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 58), has been used as a guide and the facilities for service by post therein provided have been adopted.
4. Section 5 of this Ordinance gives to the magistrate's clerk similar facilities for service by post which were lacking under section 118E (i) of the Magistrates Ordinance, 1932, as enacted by section 2 of the Magistrates Amendment Ordinance, 1935 (No. 19 of 1935).
5. Section 6 of this Ordinance carries out a suggestion made by the Secretary of State in his despatch No. 225 of the 17th June, 1935, and corrects a small error in sub-section 4 (a) of section 118 I of the principal Ordinance.
6. The new Form 88 is necessary subsequent on the change introduced by section 2 of this Ordinance. Forms 93 and 94 have been provided for use in connection with the Alternative Procedure under section 118E of the Magistrates Ordinance, 1932, as enacted by section 2 of the Magistrates Amendment Ordinance, 1935.
C. G. ALABASTER,
Attorney General.