688
First Schedule: Form No. 5;
Form No. 7.
Non-avoidance of summons or warrant by death of Magistrate, 42 & 43 Vict. c. 49 s. 37.
Bail of person arrested without warrant. Ib. s. 38.
First Schedule: Form No. 5.
Provisions as to proceedings, etc. 11 & 12 Vict. c. 43 s. 14; 42 & 43 Vict. c. 49 s. 39,
No. 3.] THE ORDINANCES OF HONG KONG : [A.D. 1890.
to commit the defendant to prison or some place of security or to such other custody as the Magistrate may think fit, or to discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the Magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided also, that in every case where a defendant is discharged on recognizance as aforesaid, and does not afterwards appear at the time and place mentioned in the recognizance, the Magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant and may declare the same to be forfeited, and may also forthwith issue a warrant for the apprehension of the defendant,
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 Magistrate within forty-eight 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 prisoner, on his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a Magistrate at the day, time, and place mentioned in the recognizance.
28. The following enactments shall apply to proceedings before Magistrates; that is to say,-
(1.) the description of any offence in the words of the Ordinance or statute or any order, by-law, regulation, or other document creating the offence, or in similar words, shall be sufficient in law;
(2.) any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;
(3.) a warrant of commitment shall not be held void by reason of any defect therein, if it is therein alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing