(
1988 Ed.]
Magistrates
[CAP. 227
21
Plea by a corporation before a magistrate
19A. (1) On the hearing by a magistrate of any complaint or information against a corporation, a representative may on behalf of the corporation enter a plea of guilty or not guilty.
(2) Where a representative enters a plea of not guilty under subsection (1), he may exercise the rights under section 16(1) as if he were an individual defendant against whom the complaint is made or the information laid.
(3) Section 49(4) of the Criminal Procedure Ordinance (Cap.221) shall apply mutatis mutandis to a representative for the purposes of subsection (1) as it applies to a representative for the purposes of that section.
(4) A letter under section 18E may be addressed to the magistrate on behalf of a corporation by a director or the secretary of the corporation and that section shall apply in relation to a letter purporting to be so addressed as it applies to a letter purporting to be addressed by an individual defendant. (Amended 36 of 1976, s.6)
(5) Subject to subsection (4), if at the time and place appointed for the hearing of a complaint or information against a corporation only the complainant or informant appears, the magistrate may, if he is satisfied that a summons was served on the corporation a reasonable time before the hearing, order a plea of not guilty to be entered and may thereupon proceed to hear and determine the case as though the corporation had duly entered a plea of not guilty. (Added 36 of 1976, s.6)
(Added 6 of 1971, s.2) [cf. U.K. 1967 c.80, s.29]
Adjournment of hearing and procedure thereon
20. (1) Before or during the hearing of any complaint or information, a magistrate may adjourn the hearing to such time and place and on such conditions as he thinks fit.
(2) Where the hearing is adjourned—
(a) by reason of the non-appearance of the complainant or informant, either personally or by counsel, and the magistrate is satisfied that the complainant or informant has had adequate notice of the hearing, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit; or
(b) on the application of the complainant or informant, either personally or by counsel, and the magistrate is satisfied that the application is occasioned by some default, neglect or omission on the part of the complainant, informant or his counsel, as the case may be, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended 18 of 1981, s.3)
(3) When adjourning the hearing of a complaint or information, the magistrate may admit the defendant to bail, with or without sureties, or commit him to prison or some other place of security or to such other custody as the magistrate may think fit. (See Forms 5-9, 18)