C 34

[Subsidiary]

CAP. 227]

Magistrates (Forms) Rules

[1984 Ed.

HONG KONG.

Before

FORM 33

Order discharging offender but directing him to pay damages or costs or both

sitting at the said court.

The

IN THE MAGISTRATE'S COURT AT

day of

Iss. 28, 36 & 41.]

Z

Esquire, a magistrate of the said Colony,

19

19

at

*

(hereinafter called the defendant) has been charged on the information (or complaint) of

for that he, on the

day of

[state offence]; and being of opinion that though the said charge is proved, the offence was of so trivial a nature (or having regard to the character, antecedents, age, health or mental condition of the defendant or any other extenuating circumstances as the case may be) that it is inexpedient to inflict any punishment, I do therefore hereby discharge the offender.

[If payment of damages or costs is ordered proceed as follows]— and it is ordered that the defendant do pay to the said damages and

be paid forthwith (or on or before the 19

*

or by instalments of

for

for costs; and it is ordered that the said sums

day of

for every

days.

day

the first instalment to be paid forthwith or on or before the of

19); and if default is made [proceed as in form of conviction for fine to be levied by distress].

(1.5]

FORM 34

Magistrate.

[ss. 28, 36, 41 & 61.]

Order to enter into recognizance to keep the peace or to be of good behaviour

IN THE MAGISTRATE'S COURT AT

HONG KONG.

Before sitting at the said court.

The

day of

Esquire, a magistrate of the said Colony,

19

having made complaint that

(hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the defendant having appeared, and on hearing the matter of the complaint, it is this day adjudged and ordered that the defendant do forthwith duly enter into a recognizance in the sum of

with

surely

in the sum of [each] to keep the peace or be of good behaviour, towards the complainant, for the term of

now next ensuing; and, if the defendant fails to comply with this order it is adjudged that he be imprisoned in a prison in the said Colony for the space of

unless he shall sooner comply

with this order.

[If costs are ordered proceed as follows]—

the sum of

day of

19

and it is also adjudged and ordered that the defendant do pay to the said for costs forthwith (or on or before the

or by instalments, etc.); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in form of conviction for fine to be levied by distress].

[LS.]

Magistrate.

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