THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
9. (1.) It shall be lawful for the Governor from time to time as occasion may require to direct that any two Justices of the Peace of the Colony sitting together, shall have the powers and jurisdiction that a Magistrate has by this Ordinance and thereupon all the provisions in this Ordi- nance in relation to proceedings before a Magistrate shall apply to the proceedings before such justices. Such direc- tion shall name a place where the said Justices are to sit.
(2.) If any question shall arise as to the right of any person to exercise the office of a Magistrate, Marine Magis- trate or Justice of the Peace or of the right of any 'Justice of the Peace to act as a Magistrate under any appointment in pursuance of this section, the production of the Gazette nominating or appointing such person to exercise the office of Magistrate, Marine Magistrate or Justice of the Peace or such Justice of the Peace to act as a Magistrate shall in all proceedings be deemed and held to be sufficient proof of such appointinents respectively and it shall not be necessary to produce any commission, appointment or any oath, affidavit or other document in proof thereof.
PART III.
Summary Procedure.
10. In all cases where a complaint shall be made to or information laid before a Magistrate in respect of which such Magistrate has power to convict summarily or to make an order for the payment of money or otherwise it shall be lawful for such Magistrate to issue his summons (1.) to the person against whom such complaint has been made or information laid stating shortly the matter of such com- plaint or information and requiring him to appear at a cer- tain time and place before a Magistrate to answer to the said complaint or information and to be further dealt with ac- cording to law; and every sach summons shall be served by a constable or other peace officer upon the person to whom it is so directed by delivering the same to the party personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable, or peace officer who shall serve the same in manner aforesaid shall attend at the time and place before the Magistrate in the said summons mentioned to depose if necessary to the service of the said summons: Provided always, that nothing herein contained shall oblige a Magistrate to issue a sum- mons in any case where the defendant appears voluntarily or upon his recognisance or is in the custody of the police or charged on the charge sheet.
11. If the person so served with a summons as aforesaid shall not be and appear before the Magistrate at the time and place mentioned in such summons, and it shall be made to appear to such Magistrate, by oath, that such summons was'so served within what shall be deemed by such Magistrate to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Magistrate, if he shall think fit, upon oath being made before him substantiating the matter of such complaint or in- formation to his satisfaction, to issue his warrant (11.) to apprehend the person so summoned, and to bring such per- son before him or the other Magistrate to answer to the said complaint or information, and to be further dealt with according to law; or upon such information being laid as aforesaid the Magistrate before whom such information shall have been laid may, if he shall think fit, upon oath being made before him substantiating the matter of such information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant (111.) for apprehending the person against whom such in- formation shall have been so laid, and for bringing him before a Magistrate to answer to the said information, and to be further dealt with according to law; in any case where a Magistrate is empowered to make an order for the pay- ment of money or otherwise where a summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said summons for the appearance of the party so summoned, such party shall fail to appear ac- cordingly in obedience to such summons,
then and in every such case, if it be proved upon oath to a Magistrate that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as afore- said, it shall be lawful for such Magistrate to proceed ex parte to the hearing of such complaint or information, and to adjudicate thereon, as fully and effectually, to all intents and purposes, as if such party had personally appeared before him in obedience to the said summons.
Powers of Justicen of the Peace. (Ibid., s. 13.)
Evidence of right to exercise office of Magistrate, &c., or for Justice of the Peace
to act as Magistrate. (No. 10 of 1844, 8. 16.)
Summons to defendant. (11 & 12 V.
c. 43, s. 1.)
Mode of service of summons.
No obligation to issue summons in certain cases.
If summons be not obeyed, Magistrates may issue warrant.
(11 & 12 V. c. 43, 8, 2.)
Warrant in first instance.
Summons disobeyed proceedings ex parte,
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