1988 Ed.]
Magistrates
[CAP. 227
45
.....
magistrate to whom the complaint is made or before whom the information is laid, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a magistrate at a time and place to be therein mentioned; and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place in obedience to such summons, then and in every such case any magistrate may issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law: (Amended, 49 of 1965, s. 9) (See Forms 1, 2, 4)
Provided that a warrant shall not be issued in the first instance unless the complaint or information is supported by evidence on oath. (Added, 49 of 1965, s. 9)
(2) Nothing in this section shall prevent a magistrate from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in the summons for the appearance of the accused.
Warrant to apprehend for offence committed on high seas, etc.
[cf. U.K. 1848 c. 42, s. 1]
73. In every case of felony or misdemeanor committed on the high seas, or in foreign parts, or in any creek, harbour, haven or other place within the jurisdiction of the Admiralty for which an indictment may be preferred by the Attorney General, it shall be lawful for any magistrate, if the accused resides or is supposed to reside or be within the Colony or the waters thereof, to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge and to be further dealt with according to law. [cf. U.K. 1848 c. 42, s. 2 & 1952 c. 55, s. 1(4)]
Warrant to apprehend where indictment is filed by Attorney General pursuant to direction or with consent of a judge
74. (1) Where the Attorney General files an indictment against any person pursuant to the direction or with the consent of a judge under section 24A of the Criminal Procedure Ordinance (Cap.221), the Registrar, on application by or on behalf of the Attorney General, shall issue a certificate certifying that the indictment has been filed against that person.
(2) Where a certificate issued under subsection (1) is produced to a magistrate, he shall, if the person named in the indictment-
(a) is at large, issue a warrant to arrest that person; or (See Form 4)
(b) is in custody, issue a warrant directed to the Commissioner of Correctional Services requiring that person to be brought before a magistrate.
(3) Where the person named in a warrant issued under subsection (2) is brought before a magistrate, or a person is otherwise brought before a magistrate, and the magistrate is satisfied by evidence on oath that such person is the person named in the indictment referred to in a certificate issued under subsection (1), he shall without further inquiry or examination order that that person shall stand committed for trial before the High Court on the charge in
C