C 70
[Subsidiary]
CAP. 2271
Magistrates (Forms) Rules
[1984 Ed.
And whereas the defendant (or ...) being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law (or as being in excess of jurisdiction), has applied to me pursuant to section 105 of the Magistrates Ordinance (Chapter 227), to state and sign a case setting forth the facts and grounds of such determination in order that he may appeal therefrom:
Now I being of opinion that the application of the defendant (or ...) is merely frivolous have refused to state such case, of which refusal the defendant (or ...) has requested me to sign and deliver to him a certificate:
Now therefore I, the said magistrate, pursuant to section 111 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant (or ...) as aforesaid is merely frivolous, and that I have refused to state such case accordingly.
Dated this ... day of ...
[L..S.]
FORM 97
Case stated by a magistrate
IN THE HIGH COURT OF HONG KONG
APPELLATE JURISDICTION
19...
Magistrate.
[s. 105.]
Between ... and .... Appellant,
Respondent.
This is a case stated by the undersigned, a magistrate of the Colony of Hong Kong under the Magistrates Ordinance (Chapter 227), for the purpose of appeal to a judge of the High Court on questions of law which arose before me as hereinafter stated.
1. At the magistrate's court in the said Colony, at ... on the ... day of ... 19..., an information (or a complaint) preferred by ... (hereinafter called the respondent) against ... (hereinafter called the appellant) [or as the case may be], under section ... of the [state the Ordinance or statute as the case may be] charging, for that he, the appellant [etc., state the offence or cause of complaint], was heard and determined by me, the said parties respectively being then present; and upon such hearing the appellant was duly convicted before me of the said offence, and it was adjudged that he should pay (or and upon such hearing the appellant was by me ordered to pay) to the respondent the sum of ... [here state the adjudication of fine, sum, or imprisonment and costs, as in a conviction or an order].
(Or, if dismissed: and upon such hearing the said information (or complaint) was dismissed by me.) (and, if so, the appellant was ordered to pay to the respondent the sum of ... for his costs incurred by him in his defence in that behalf, conclude as in an order of dismissal).
2. And whereas the appellant, being dissatisfied with my determination upon the hearing of the said information (or complaint) and alleging himself to be aggrieved by such determination as being erroneous in point of law has, pursuant to section 105 of the Magistrates Ordinance, duly applied to me in writing to state and sign a case setting forth the facts and the grounds of such determination as aforesaid, in order that he may appeal therefrom to a judge of the High Court, and has duly entered into a recognizance as required by the said Ordinance in that behalf.
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