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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
Execution of warrant.
No objection for want of
form or
variance between it and evidence.
Adjournment upon terms if defendant deceived.
Summons or warrant not avoided by death of Magistrate. (12
43 V.
c. 49, s. 37.)
Bail of person arrested with- out a warrant. (42 & 43 V.
c. 49, 8.38.)
Provisions as
to proceed- jugs, &c. (42 & 43 V. c. 49, s. 39. 11 & 12 V.
c. 43, s. 14.)
matter of the complaint or information on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to appre- hend the defendant and to bring him before a Magistrate. to answer to the said complaint or information, and to be further dealt with according to law; and it shall not be necessary to make such warrant returnable at any parti- cular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in all cases where such war- rant shall be directed to all constables or peace officers within the Colony it shall be lawful for any constable or other peace officer to execute such warrant in like manner as if such warrant were directed specially to such constable or other peace officer by name, and notwithstanding that the place in which such warrant shall be executed shall not be within the place for which he shall be such con- stable or other peace officer: Provided always, that no objection shall be taken or allowed to any such warrant to apprehend a defendant so issued upon any such complaint or information as aforesaid under or by virtue of this Ordi- nance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced, on the part of the complainant or informant : but if any such variance shall appear to the Magistrate at the hearing to be such that the party so apprehended under such warrant has been thereby deceived or misled, it shall be lawful for such Magistrate upon such terms as he shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as such Magistrate shall think fit, or to discharge him upon his entering into a recognisance (v.) with or without surety or sureties, at the discretion of such Magistrate conditioned for his appearance at the time and place to which such hearing shall be so adjourned: Provided always, that in all cases where a defendant shall be dis- charged upon recognisance as aforesaid, and shall not after- wards appear at the time and place in such recognisance mentioned, then the Magistrate then present shall certify (VII.) on the back thereof the non-appearance of the defendant and may declare such recognisance to be forfeited and may also forthwith issue a warrant for his apprehension,
26. Any warrant or summons issued by a Magistrate under this or any other Ordinance or Statute whether past or future or otherwise, shall not be avoided by reason of the Magistrate who signed the same dying or ceasing to
hold office.
27. A person taken into custody for an offence without a warrant shall be brought before a Magistrate as soon as practicable, after he is so taken into custody, and if it is not or will not be practicable to bring him before a Magis- trate within twenty-four hours after he is so taken into custody, a Superintendent or Inspector of Police, or other officer of police of equal or superior rank, or in charge of any Police Station, shall inquire into the case, and, except where the offence appears to such Superintendent, Inspector or Officer to be of a serious nature, shall discharge the pri- soner, upon his entering into a recognisance (v.), with or without sureties, for a reasonable amount, to appear be- fore a Magistrate at the day, timne, and place named in the recognisance.
28. The following enactments shall apply to proceed- ings before Magistrates; (that is to say):-
(1.) The description of any offence in the words of the Ordinance or Statute or any order, bye-law, regulation, or other document creating the offence, or in similar words, shall be sufficient in law; and
(2.) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accom- pany in the same section the description of the offence in the Ordinance or Statute, order, bye- law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the com- plaint or information, and if so specified or nega tived no proof in relation to the matter specified or negatived shall be required on the part of the complainant or informant; and
SO
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