1984 Ed.]
Magistrates (Forms) Rules
[CAP. 227
C 71
[Subsidiary]
(Where the case stated has been refused in the first instance, but I, being of opinion that the application of the appellant was merely frivolous, refused to state and sign such case, and at his request signed and delivered to him a certificate of such refusal; and whereas a judge of the Supreme Court has since ordered me to state such case.)
3. Now therefore I, the said magistrate, in compliance with the said application (or in obedience to the said order of a judge of the High Court) and the provisions of the said Ordinance (if more facts are introduced than proved and by consent of the said parties), do hereby state and sign the following case.
4. Upon the hearing of the information (or complaint) it was proved on the part of the respondent, and found as a fact, that [here state so much of the evidence given and of the facts as are necessary to raise the point of law in question].
5. It was contended on the part of the appellant that [here state the legal objection or objections to the findings on the facts taken by the defendant or his counsel]. 6. I, however, being of opinion that [here state the grounds of the decision], held that [here state the decision and judgment].
If it is desired to refer to a portion of the evidence by consent, insert the following paragraph-
7. The questions of law arising on the above statement for the opinion of this court therefore are. Ist whether, etc., 2nd whether, etc.
Dated this
[L.S.]
(PERSONAL)
day of
FORM 98
19
Magistrate.
[ss. 110, 114 & 119]
Recognizance to prosecute appeal and to appear
if appellant is liberated from custody
HONG KONG
I, the undersigned
IN THE MAGISTRATE'S COURT AT
do hereby acknowledge myself to owe to Our Sovereign Lady the Queen, the sum
of
to be levied on my goods, lands and tenements if I fail in the condition hereon endorsed.
Signed (where not taken orally)
Taken (orally) before me the
day of
[L.S.]
Explained by
19
Magistrate.
for Commissioner of Correctional Services, or as the case may be.
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounded
(a) shall without delay prosecute a certain appeal to a judge of the High Court from
a conviction (or order or determination) of
Esquire, a magistrate of the said Colony, dated the
day of