(C 1988 Ed.] Magistrates [CAP. 227 43
the default of a sufficient distress to satisfy any such sum, shall be such period as, in the opinion of the magistrate, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale (30 of 1958, Schedule)
Where the amount-
does not exceed $20
exceeds $20 but does not exceed $50
$50 $100
$100
$500
$500 $1,000
$1,000 $5,000
the period of imprisonment shall not exceed---
7 days
14
1 month
2 months
3 months
6 months
12 months
(Replaced, 24 of 1949, s. 20. Amended, 36 of 1976, s. 10)
Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the sentence.
This section shall apply to fines imposed by a marine magistrate under the Merchant Shipping Ordinance (Cap. 281).
[cf. U.K. 1879 c. 49, s. 5]
**Costs**
**Power to award costs and recovery thereof by distress**
69. (1) In every case of summary conviction or of an order made by a magistrate, except as provided in section 71, it shall be lawful for the magistrate making the same to award and order in and by the conviction or order that the defendant shall pay to the complainant or informant respectively such costs, not exceeding $5,000, as he may think fit; and where a magistrate dismisses the complaint or information he may, if he is satisfied that the proceedings ought not to have been instituted or pursued against the defendant, order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as he may think fit. (Amended, 24 of 1949, s. 21; 49 of 1965, s. 8; 36 of 1976, s. 11 and 18 of 1981, s. 3) (See Form 32)
(2) The sum so allowed for costs shall in every case be specified in the conviction or order or order of dismissal as aforesaid, and the same shall be recoverable in the same manner and under the same warrants as a fine or a sum of money adjudged to be paid in and by such conviction or order is to be recoverable, and in any case where there is no such fine or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party or by imprisonment for any term not exceeding 14 days, unless such costs shall be sooner paid. (See Forms 20–23, 53)
**Procedure for compelling prosecutor to pay costs**
[cf. U.K. 1848 c. 43, s. 18]
70. Where a complaint or information is dismissed with costs, the sum awarded for costs in the order for dismissal may be levied by distress on the