C 50
[Subsidiary]
CAP. 227] Magistrates (Forms) Rules [1984 Ed.
HONG KONG
FORM 63
Warrant of commitment for want of distress
IN THE MAGISTRATE'S COURT AT
[ss. 53 & 54.]
To each and all of the police officers of the said Colony and to the Commissioner of Correctional Services in the said Colony.
[Proceed as in warrant of distress down to commanding part, and close thus]—
day of 19 , a warrant of distress was , and on the handed for execution to a police officer (or bailiff) of the said Colony, commanding him to levy the sum of [state sum directed to be levied] by distress and sale of the defendant's goods; and it now appears, as well by the return of the said to the said warrant of distress as otherwise, that he has made diligent search for the defendant's goods but that no sufficient distress whereon to levy the said sum could be found:
These are, therefore, to command you, the said police officers, to take the defendant and convey him to a prison, and there to deliver him to the Commissioner of Correctional Services, together with this warrant; and you, the said Commissioner, to receive the defendant into your custody in a prison and there to imprison him for the space of unless the said sum, and all the costs and charges of the said distress, shall be sooner paid; and for your so doing this shall be your sufficient warrant.
Dated this [L.S.] day of 19 .
Magistrate.
HONG KONG
FORM 64
Warrant of commitment pending return to warrant of distress following conviction
IN THE MAGISTRATE'S COURT AT
[s. 52.]
To each and all of the police officers of the said Colony and to the Commissioner of Correctional Services in the said Colony.
day of 19 (hereinafter called the defendant) was, on the (or this day) convicted before the said court for that he [state the offence as in the conviction]; and default has been made in payment according to the said adjudication and order; and a warrant of distress has been issued against the defendant in pursuance of the said conviction, but no return has been made thereto; and the defendant has not given sufficient security, to the satisfaction of this court, for his appearance at the time and place appointed for the return of the said warrant:
These are, therefore, to command you, the said police officers, to take the defendant and convey him to a prison, and there to deliver him to the Commissioner of Correctional Services together with this warrant; and you, the said Commissioner, to receive the defendant into your custody in a prison and there to keep and detain him until the day of 19 , being the day appointed for the return of the said warrant, unless he previously enters into a recognizance in the sum of with surety (or sureties) [each] conditioned for his appearance on that day; and you, the said police officers, on that day, if such recognizance has not been entered into, to convey and have him before a magistrate of the said Colony at the said court, at o'clock in the noon, to be further dealt with according to law; and for your so doing this shall be your sufficient warrant.
Dated this [L.S.] day of 19 .
Magistrate.
L.N. 134/67.
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