THE HONGKONG GOVERNMENT GAZETTE, 12TMп JULY, 1890.
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 is warrant (11.) to apprehend the person so summoned, and to bring such per- son before him or another 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 bearing 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 summous.
12. Every complaint and every information under this part of the Ordinance unless some particular Ordinance or Statute in force in the Colony shall otherwise require, may respectively be made or laid without any oath being made of the truth thereof; except in cases of informations where the Magistrate receiving the same shall thereupon issue his warrant in the first instance to apprehend the defendant as aforesaid, and in every such case where the Magistrate shall issue his warrant in the first instance, the matter of such information shall be substantiated by the oath of the informant, or by some witness or witnesses on his behalf, before any such warrant shall be issued; and every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences; and every such complaint or information may be laid or made by the complainant or informant in person, or by his counsel or other person authorised in that behalf.
13. The room or place in which a Magistrate shall sit to hear and try any complaint or information shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently con- tain them unless the Magistrate shall otherwise direct where the evidence is of an indecent character in which case he shall make a note on the depositions of the direction he has given; and the party against whom such complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct such complaint or information respectively, and to have the witnesses examined and cross- examined by counsel on his behalf.
14. If at the day and place appointed in and by the summous aforesaid for hearing and determining such com- plaint or information as aforesaid the defendant against whom the same shall have been made or laid shall not appear when called, the constable or officer who shall have served him with the summons in that behalf shall then declare upon oath in what manner he served the said summons, and if it appear to the satisfaction of the Magis- trate that he duly served the said summons, such Magis- trate may in any case where he is empowered to make an order for the payment of money or otherwise proceed to
If summons be not obeyed, Magistrates may issue warrant. (11 & 12 V. c. 43, s. 2.)
Warrant in first instance.
Summons disobeyed proceedings ex parte.
Manner of making complaint or laying information. (11 & 12 V. c. 43, s. 10.1
Hearing
in open Court. (11 & 12 V. c. 43, 8. 12.)
Non-apyear- ance of defendant, hearing in absence or adjournment
on issue of warrant. (11 & 12 V. c. 43 s, 13.).
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