656
LEGISLATIVE COUNCIL.
Draft Bill.
No. S. 273.-The following bill, which it is proposed to introduce at the next meeting of the Legislative Council, is published for general information :---
C.S.O.
1.
[No. 25-1.9.28.-1.]
A BILL
INTITULED
Short title.
Repeal of Ordinance
No. 3 of 1890, s. 96, and substitution
of new
section 96 for that enacted by Ordinance No. 23 of 1927, s. 13.
An Ordinance to amend the Magistrates Ordi-
nance, 1890.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the. Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Magistrates Amendment Ordinance, 1928.
2. Section 96 of the Magistrates Ordinance, 1890, which was enacted by section 13 of the Magistrates Amendment Ordinance, 1927, is repealed and the following section is substituted therefor :-
Repeal of Ordinance No. 3 of 1890, s. 96, and substi- tution of new section 96 for that enacted by Ordinance No. 23 of 1927, s. 13.
(1) Within seven clear days after the determination in any manner by a magistrate of any natter which he has power to determine in a sum- mary way it shall be lawful for such magistrate on his own initiative or on the application of either party to such matter to review his deci- sion.
(2) Any such application may be made by the party himself in person, or may be made by his counsel in open court whether the party himself be present or not.
(3) If either party to the said matter is in the custody of the Superinten- dent of Prisons, the magistrate shall, unless he dismisses the appli- cation forthwith, inform the Super- intendent of Prisons in writing that an application for a review has been made, and thereafter the Superin- tendent of Prisons shall produce the said party whenever so required in writing by
a magistrate for the purposes of the review or of the application therefor.
(4) It shall be lawful for the magistrate to grant the application for a review at any time provided that the appli- cation for the review shall have been duly made in accordance with the provisions of sub-sections (1) and (2).
(5) If the magistrate himself reviews his decision or grants an application for a review it shall be lawful for bim 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.