778
Section 107.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
FORM No. 87.
Magistrate's Certificate of Refusal to state or amend Case or to grant Leave to appeal.
HONGKONG.
IN THE POLICE COURT AT
[Commence as in the last Form down to the end of the first recital and then continue as follows:]
and whereas the defendant [or A.B.], being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 93 [or section 103] of the Magistrates Ordinance, 1890, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas, on the day of , I stated and signed a case accordingly, but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 100 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I, being of opinion that the application of the defendant [or A.B.] is merely frivolous, have refused to state such case (or to grant such leave to appeal or now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly for that I have refused to grant such leave to appeal or to amend such case].
Dated this day of .
Section 98.
[1..8.]
(Signed.)
Magistrate.
FORM No. 88.
Case stated by a Magistrate.
IN THE SUPREME COURT OF Hongkong.
APPELLATE JURISDICTION.
Between A.B., Appellant,
and
C.D., Respondent.
This is a case stated by the undersigned, a Magistrate of the Colony of