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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 28, 1928.
Amendment
of Ordinance No. 3 of 1890 Third
Schedule.
cation for the review shall have been duly made in accordance with the provisions of sub-sections (1) and (2).
(5) It shall also be lawful for a magis- trate on his own initiative, within seven clear days after the determi- nation in any manner of any matter which he has power to determine in a summary way, to re-open the case, and thereafter, whether within the said period of seven clear days or after its expiration, to review his decision in the matter.
(6) If the magistrate on his own initia- tive reviews his decision or grants an application for a review it shall be lawful for him upon the review to re-open and re-hear the case wholly or in part, and to take fresh evidence, and to reverse, vary or confirm his previous decision. (7) For the purpose of the review the magistrate shall have all the powers, as to securing the attendance of * the parties and witnesses and other- wise, that he would have if the matter were brought before him as an original complaint or informa-
tion.
(8) No application for a review shall be granted if any proceedings have been commenced by either party with a view to questioning the deci- sion of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned, but any such pro- ceedings shall not debar the magis- trate from reviewing his decision on his own initiative, as provided for by sub-section (5).
(9) The decision of the magistrate upon a review shall for the purposes of sections $8 and 103 be deemed to be the determination of a proceeding which he has power to determine in a summary way.
3. The Third Schedule of the Magistrates Ordi- nance, 1890, is amended as follows :—
(a) By the insertion in paragraph 10 thereof after the word libels", of the following words,
*L
except as provided by section 17 of the Defamation and Libel Ordinance, 1887 ".
(b) By the deletion of paragraph 11 thereof.
Passed the Legislative Council of Hong Kong, this 27th day of December, 1928.
H. R. BUTTERS,
Deputy Clerk of Councils.
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