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THE HONG KONG GOVERNMENT GAZETTE.
Right of appeal from
magistrate in a criminal matter,
[cf. 4 & 5 Geo. 5, c.58, $.37(1).] Right of
appeal against
sentence of
a magistrate. [cf. 15 & 16, Geo. 5, c.86, 5.25.1
Right of appeal from magistrate
in a non- criminal
matter.
Procedure for appeals under s.108 prior
to entry of appeal.
cf. 23 & 24, Geo. 5, c.38, 5.1.]
First
Schedule. Forms Nos, 91 & 92.
First
Schedule.
(2) The magistrate, on being served with suci rule absolute, shall state a case, or amend the case stated accordingly.
Alternative procedure.
108. (1) Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connection. with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, in manner hereinafter provided to a judge of the court.
(2) Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge of the court against his sentence unless the sentence is one fixed by law.
(3) After the hearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connection with an offence either party thereto may appeal from such order or determination of such magistrate to a judge of the court.
109. Where a person is authorised by section 108 to appeal to a judge, the following provisions shall apply:- (1) The appellant shall, within ten days after the day of his conviction or the order or determination by the magistrate, give to such magistrate's clerk notice in writing of his appeal, stating the general grounds of his appeal, and signed by him or his agent on his behalf, and thereupon the magistrate's clerk shall give a copy of such notice to the respondent and, if he is not the respondent, also to the Attorney General.
(2) When a notice of appeal has been given to a magistrate's clerk the magistrate whose conviction, order or determination is the subject of the notice of appeal shall prepare a signed statement of his findings on the facts and other grounds of his decision and within twenty days after the said conviction, order or determination cause a copy to be served upon the appellant and respondent and, if he is not the respondent, also upon the Attorney General.
or
(3) The appellant shall, after giving notice of appeal to the magistrate's clerk and within thirty days after the day of his conviction or the order or determination, enter into
with ቤ recognizance Form No. 88. without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the
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Service and notice.
SUPPLEMENT NO. 1, MAY 20, 1949.
magistrate may have thought necessary to fix, condi- tioned to prosecute his appeal with diligence, to abide by and duly perform the order of the judge or Full Court and to pay such costs as may be awarded by the judge or Full Court, or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrate's clerk, or otherwise, as the magistrate may deem sufficient.
General provisions as to appeals.
110. (1) Despite the provisions of this Part it shall be unnecessary to serve any notice or document on the Attorney General if the appeal relates to any order or determination other than an order or determination re- lating to or in connection with an offence.
(2) Any notice or document required to be served on the Attorney General shall be served upon the clerk in the Attorney General's Chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post.
(3) Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if despatched by registered post addressed, in the case of a person in prison custody, to the Commissioner of Prisons and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document despatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post.
(4) Where it is made to appear to a judge of the court that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided he may order that such notice be given or such document served-
(a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or
(b) by advertisement thereof in one or more newspapers published in the Colony; or
(c) by notice thereof put up at the court house or at some other place of public resort.
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