THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
29. In all proceedings under this part of this Ordinance the Magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, (x111.) of the following matters, viz.:-
(1.) The nature of the complaint or information. (2) The names of the complainant, informant or prosecutor and of the defendant and of the re- spective witnesses on either side.
(3.) The evidence or depositions of the witnesses. (4.) Objections to the admissibility of evidence and whether the same have been allowed or dis- allowed.
(5.) Of the penalties, if any, paid into Court. Such minute shall, immediately after the close of the case, be handed to the Magistrate's clerk for safe custody.
30. (1.) The Magistrate's clerk shall keep a register of the minutes or memoranda of all the convictions and orders of the Magistrate or Magistrates, and of such other proceedings as are directed by the rules contained in the 3rd Schedule hereto to be registered, and shall keep the same in the form (Lx.) in the 2nd Schedule hereto and with the particulars prescribed in the said form or rules.
(2.) Such register, and also any extract from such register certified by the clerk keeping the same to be a true extract, shall be primâ facie evidence of the matters entered therein for the purpose of informing a Magistrate or the Magistrates, but nothing in this section shall dis- pense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3.) The entries relating to each minute, memo- randum or proceeding shall contain the name of the Magis- trate before whom the conviction or order or proceeding referred to in the minute or memorandum was made or had.
(4.) Every sum paid to the Magistrate's clerk in ac- cordance with this Ordinance, and the appropriation of such sum shall be entered and authenticated in such man- ner directed by the rules in the 3rd Schedule hereto.
(5.) Every such register shall be open for inspection, without fee or reward, by a Magistrate, or by any person authorised in that belialf by a Magistrate or by the Gov- ernor or Colonial Secretary.
Special Provisions.
31. If upon the hearing of a charge for an offence pun- ishable on summary conviction under this Ordinance, or under any other Ordinance or Statute whether past or future, the Magistrate thinks that though the charge is proved the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,—
(1) The Magistrate without proceeding to conviction, may dismiss the complaint or information, and if he thinks fit, may order the defendant to pay such damages, not exceeding ten dollars, and such costs of the proceeding, or either of them, as the Magistrate thinks reasonable (xxvI., XLV.;) or, (2.) The Magistrate upon convicting (XXI.) the defendant may discharge him conditionally on his giving security, (v.), with or without sure- ties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as the Magistrate thinks reasonable.
32. Where a defendant is fined a sum not exceeding five dollars and the same is not forthwith paid the Magistrate inflicting such fine may order the defendant to be searched and if the defendant on being searched is found to have on his person any sum of money equalling or exceeding the amount of his fine, it shall be lawful for the Magistrate upon oath made to him of the fact by any person who was present when the defendant was searched to order that so much of the said sum of money as may be sufficient to satisfy the said fine be forfeited by the defendant and that the defendant be thereupon discharged from custody.
Minutes of proceedings. (No. 10 of 1844, s. 2.)
Register of cases to be kept. 142 & 43 V. c 49, 8. 22.)
Power to
discharge
defendant
without punishment.
43 V.
(42
c. 49, s. 16.)
Fines under $5 recovery (8 of 1889, 8, 3.)
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