1984 Ed.]
Magistrates (Forms) Rules
[CAP. 227
C 69
[Subsidiary]
FORM 94
[s. 93.]
Order of dismissal where an indictable offence has been tried summarily
HONG KONG
IN THE MAGISTRATE's Court at
Before
The
+
day of
Esquire, a magistrate of the said Colony.
19
charged on the information of the
day of
(hereinafter called the defendant) having been for that he, on 19
at
[state offence]; and the magistrate having determined to try the case summarily; and the matter of the said charge having been duly considered by the said magistrate, it manifestly appears to him that the said charge is not proved:
costs forthwith (or on or before the
Therefore the said information is hereby dismissed; and it is ordered that the informant pay to the defendant the sum of
day of
for
19
};
and if default is made [proceed as in a conviction for fine to be levied by distress or omit as the case may be]
[L.S.]
PART V
Magistrate.
FORMS RELATING TO Appeals and Case STATED
FORM 95
(s. 105.]
HONG KONG.
To
and
Application to magistrate to state a case
IN THE MAGISTRATE'S COURT AT
→
. Esquire, a magistrate of the said Colony.
In the matter of an information (or complaint) wherein I, the undersigned was informant (or prosecutor, or complainant) was defendant, heard and determined before you
day of
19
at the said court on the being dissatisfied with your determination, upon the hearing of the above information (or complaint) and being aggrieved thereby as being erroneous in point of law [or as the case may be], I hereby, pursuant to section 105 of the Magistrates Ordinance (Chapter 227), make application to you to state and sign a case setting forth the facts and grounds of such your determination, in order that I may appeal therefrom to a judge of the High Court.
Dated this
day of
19
(Signed)
FORM 96
Magistrate's certificate of refusal to state case
HONG KONG
Whereas on the [or complaint] preferred by of
IN THE MAGISTRATE'S COURT AT
day of
19 against
(s. 111.]
an information
(hereinafter called the defendant) for that he [etc., as in the information, complaint or summons] was heard and determined by me, the undersigned, a magistrate of the said Colony, and thereon [here state the adjudication, order or determination together with any consequential order as to fine, imprisonment, costs or other matter]: