686
Complaint for order to pay money need not be in writing.
11 & 12 Viet. c. 43 s. 8.
Limit of time for complaint or information.
Ib. s. 11.
Prohibition of objection for want of form.
Ib. s. 1.
Form of conviction and order.
Ib. s. 17.
First Schedule: Forms Nos. 14-21; Forms Nos. 22-32.
Proof by declaration of service of
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
scription, it shall be sufficient to describe such property as the property of the Crown.
20. In any case of a complaint upon which a Magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by some particular Ordinance or statute upon which such complaint is framed.
21. In any case of an offence other than an indictable offence where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect of such offence, such complaint shall be made or such information laid within six months from the time when the matter of such complaint or information respectively arose.
22. No objection shall be taken or allowed to any complaint, information, or summons for any alleged defect therein in substance or in form, or for any variance between such complaint, information, or summons and the evidence adduced in support thereof, and the adjudicating Magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence of which he may appear to have been guilty; but if any such variance appears to the Magistrate to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for the Magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day.
23.—(1.) In every case of a conviction where no particular form of such conviction is given by the Ordinance or statute creating the offence or regulating the prosecution for the same, and in every case of a conviction upon any past Ordinance or statute, whether any particular form of conviction is therein given or not, it shall be lawful for the Magistrate who so convicts to draw up his conviction in such one of the forms of convictions in the First Schedule to this Ordinance as may be applicable to such case or to the like effect.
(2.) Where an order is made, and no particular form of order is given by the Ordinance or statute giving authority to make such order, and in every case of an order to be made under the authority of any past Ordinance or statute, whether any particular form of order is therein given or not, it shall be lawful for the Magistrate by whom such order is to be made to draw up the same in such one of the forms of orders in the said First Schedule as may be applicable to such case or to the like effect.
24.—(1.) In a proceeding before a Magistrate, without prejudice to any other mode of proof, service on a person of any summons, notice,