THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
A BILL
ENTITLED
An Ordinance to amend and consolidate the Law relating to the Jurisdiction of Magistrates and the procedure and practice before Magistrates in relation to offences punishable on summary conviction and to indictable offences before Magis- trates and for other purposes.
it enacted by the Governor of Hongkong, by and with the advice and consent of the Legislative Council thereof, as follows:-
PART I. Preliminary.
1. This Ordinance may be cited for all purposes as The Magistrates Ordinance, 1890.
2. In the interpretation of this Ordinance unless the context be repugnant thereto or inconsistent therewith the words and expressions hereinafter mentioned shall have and include the meanings and applications following:-
Court shall mean the Supreme Court.
Full Court shall mean the Chief Justice and Puisne
Judge sitting together.
Judge shall mean a Judge of the Court. Registrar shall mean the Registrar or either of the
Deputy Registrars of the Court.
Magistrate shall mean a Police Magistrate. Accused shall mean any person charged with an in- dictable offence whether triable summarily or not. Defendant shall mean any person charged on com- plaint or on information with any offence (not being an indictable offence) which by law is pun- ishable on Summary Conviction.
Indictable Offence shall mean any crime or offence for which a Magistrate is authorised or empowered to commit the accused to prison for trial before the Court. Offence punishable summarily or on summary conviction shall mean any crime or offence which a Magis- trate is empowered to deal with summarily, Civil debt shall mean any sum of money claimed to be due which is recoverable under any past or future Ordinance or Statute before a Magistrate or before a Justice or Justices of the Peace upon complaint and not on information.
Oath shall include affirmation and declaration. Counsel shall mean any Barrister or Solicitor having the right of audience before any Court in the Colony.
The Magistrate's clerk shall include (where there is more than one of such clerks) either or any of such clerks or such other person as a Magistrate from time to time directs to do any thing required by this Ordinance to be done by the Magistrate's clerk. Prescribed means prescribed or provided by any Ordi- nance or Statute in force in the Colony which relates to any offences, penalties, fines, costs, sums of money, orders, proceedings or matters to the punishment, recovery, making or conduct of which this Ordinance expressly or impliedly applies or may be applied.
Past Ordinance or Statute means any Ordinance or
Act of Parliament now in force in the Colony. Future Ordinance or Statute means any Ordinance or Act of Parliament which shall come into force in the Colony after the coming into operation of this Ordinance.
Fine includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction or order.
Sum adjudged to be paid by a conviction and sum ail- judyed to be paid by an order respectively include any costs adjudged to be paid by the conviction or order as the case may be, of which the amount is ascertained by such conviction or order. Appellant means the party appealing under Part VII. of this Ordinance from a decision of a Magis- trate or two Magistrates sitting together. Party includes the Crown and also any person ag- grieved within the meaning of sections 99 and 104 of this Ordinance.
Title.
Short title.
Interpreta- tion.
(49 & 43 V. c. 49, n. 48.)
(Ibid., 8. 49.)
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