20
CAP. 227]
Magistrates
[1988 Ed.
Provided that the magistrate shall not impose any fine exceeding $2,000 or any term of imprisonment; or (Amended, 51 of 1981, s. 2) (b) adjourn the hearing for the purpose of dealing with the complaint or information as if such letter had not been received.
(2) In every case where the defendant may plead guilty by letter, the summons shall contain a footnote or endorsement drawing attention to that fact.
(3) Where a complaint or information is in respect of an offence under section 41(1) of the Road Traffic Ordinance (Cap. 374) and by virtue of subsection (2) of that section the magistrate will, if the defendant is convicted of the offence, be required to disqualify the defendant from holding or obtaining a driving licence, a summons in respect of that offence shall be endorsed to the effect that the defendant may not plead guilty by letter, and in such a case the provisions of this section shall thereupon cease to apply. (Amended, 75 of 1982, s. 114)
(4) The Legislative Council may by resolution amend the Third Schedule. (Added, 36 of 1976, s. 5)
Proceedings at hearing
19. (1) Where the defendant is present at the hearing, the substance of the complaint or the whole of the information shall be read over to him, and explained if necessary, and he shall be asked whether he admits or denies the truth of the complaint or information. If the defendant admits the truth of the complaint or information, his admission shall be recorded as nearly as possible in the words used by him, and the magistrate shall convict him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence; and also to hear and examine such other witnesses as the complainant or informant may examine in rebuttal, if the defendant or his counsel has examined any witnesses or given any evidence other than as to the defendant's general character. (Amended, 48 of 1949, s. 5 and 49 of 1965, s. 6)
(2) The magistrate, having heard what each party has to say and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order against the defendant or dismiss the complaint or information, as the case may be. (See Form 32)
(3) If the magistrate convicts a defendant or makes an order against him, he shall thereupon make a minute or memorandum of such adjudication (for which no fee shall be paid), and he shall cause the same to be lodged with the magistrates' clerk, who shall register the same as hereinafter provided. (Replaced, 2 of 1955, s. 2)
(4) If the magistrate dismisses the complaint or information, it shall be lawful for him, if he thinks fit, on being required to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf a certificate thereof, which said certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party. (See Form 47)
C