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THE HONG KONG GOVERNMENT GAZETTE.
[cf. 20 & 21 Vict. c.43. $.6 and 36 & 37 Vict. c.66, 5.46.]
Release from
custody by a magistrate and powers of the judge on appeal.
First
Schedule. Form No. 88.
(d) the judge may reserve the appeal, or an point in the appeal for the consideration of the Fu Court, or may direct the appeal, or point in the appeal, to be argued before the Full Court; and the Full Court shall have power to hear and determine any such appeal or point so reserved or so directed to be argued and may in connection therewith exercise all or any of the powers conferred on a judge of the court by this Part or may remit the matter to the judge with the opinion or decision of the Full Court and may also make any such other order in relation to the matter and such orders as to costs as to the Full Court shall seem fit;
(e) the powers and duties of a judge shall be exercised and performed by the Chief Justice or by such one of the judges of the court as the Chief Justice shall from time to time appoint;
() if any step in or in connection with any appeal or intended appeal is rendered impossible by the death, absence or incapacity of a magistrate, a judge of the court upon motion shall have power for good cause to order that the case be heard de novo by a magistrate and the case shall be so heard accordingly.
(2) Either party to any appeal under section 100 or section 108 may be heard in person or by any barrister and in any appeal under sub-sections (1) and (2) of section 108, not being appeals reserved for hearing or directed to be argued before the Full Court, either party may be heard by any Counsel.
114. In the case of any appeal to which section 100 or section 108 applies-
any
(a) where an appellant is in custody, magistrate may, if he thinks fit, release him from custody on his complying with the provisions of sections 105 and 109 relating to entering into recognizances, if he has not already done so, and on his either entering into a recog- nizance, with or without sureties and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magis- trate's consent other security for his appearance;
(b) recognizances for the purpose of section 105 or section 109 and this section may, if it be convenient, be combined in one recognizance;
(c) the judge may from time to time adjourn
the hearing of any appeal;
(d) the judge may by his order confirm. reverse or vary the magistrate's decision or may direct that the case shall be heard de novo by a magistrate or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter
209
Provisions as
to costs.
[cf. 23 & 24 Geo. 5, c.38, 5.5.1
Provisions as to forfeited recogniz-
SUPPLEMENT NO. 1, MAY 20, 1949.
as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate;
(e) the powers of the judge under paragraph (d) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;
(f) the Registrar shall send to the magis- trate's clerk, for entry in his record, a memorandum of the judge's decision, and shall endorse a like memorandum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of the memorandum shall be added thereto and shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.
115. (1) On any appeal to which section 100 or section 108 applies, the judge may make such orders as to costs, as he may think fit, and may-
(a) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;
(b) in any case, in which the appeal is from an order or determination in respect of or in con- nection with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal;
and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal shall have regard to his means,
(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.
116. (1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance [cf. 23 & 24, applies has become forfeited.
antes.
Geo. 5, c.38, s.6.]
(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so. state the cause why each such person has therein made default.
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