136 THE HONG KONG GOVERNMENT GAZETTE.
1
J
gether with any consequential order as to fine, imprisonmen costs or other matter] and whereas the defendant for A.B., being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law, has applied to me pursuant to section 100 of the Magistrates Ordinance, 1932, to state and sign a case setting forth the facts and grounds of such determination in order that he may appeal therefrom to a judge of the Supreme Court and, if so, whereas on the day of
19 I stated and signed & case accordingly, but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 102 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case, [or now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said magistrate, pursuant to section 106 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly [or to amend such case.].
Dated this
[L.S.]
day of
19
(Signed.)
10
Magistrate."
(d) by the substitution of the words a judge of the Supreme Court" for the words "the Full Court" and "the Supreme Court" wherever they occur in Form No. 87;
(e) by the substitution of the following form for Form
213
SUPPLEMENT NO. 1, MAY 20, 1949.
(b) shall personally appear and surrender himself at before and to a judge of the Supreme Court or the Full Court at each and every hearing of his appeal by such judge or court and to then and there abide by the judgment of such judge or court and not to depart or be absent from court at any hearing without the leave of such judge or court and in the meantime not to depart out of the Colony of Hong Kong; then this re- cognisance to be void or else to stand in full force and effect.
Dated this
[L.S.]
>
19
day of
(Signed)
Magistrate.
Note: the conditions (a) or (b) may be used separately or together as occasion demands, but the conditions in (b) will only be required if the appellant is released from custody under s. 114(a)."
No. 89;
(f) by the substitution of "s.105(2)." for "s.108." in Form
(g) by the substitution of "s.109(1)." for "s.188E(i)." in
Form No. 91;
(h) by the substitution of "s.109(1)." for "s.118E(i).”' in Form No. 92.
137
41. The Powers of Magistrates (Emergency) Ordinance, 1946, Repeal of is hereby repealed.
Ordinance No. 5 of 1946.
214
No. 88:-
"FORM NO. 88.
THE SCHEDULE.
[s.105(1),
s.109(3), s.114(a).]
Recognizance to prosecute appeal and to appear if appellant
HONG KONG
is liberated from custody.
IN THE POLICE COURT AT
(The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows):-
The condition of the within-written recognizance is such that if the within-bounden
1
19
•
(a) shall without delay prosecute a certain appeal to a judge of the Supreme Court from a conviction (or order or determination) of J.P. Esquire, a magistrate of the said Colony, dated the
day of
whereby [here state effect of conviction order or determination] and further shall abide by and duly perform the order of the said judge or the Full Court to be made upon the hearing of such appeal, and shall pay such costs as may be awarded by the said judge or court; and
THIRD SCHEDULE.
ss. 84 and 90]
PART I.
1. Any offence which is punishable with death.
2. Any offence (except burglary) which is punishable with im-
prisonment with hard labour for life.
1868.
3. Any felony mentioned in the Suppression of Piracy Ordinance, Ordinance
4. Misprision of treason.
5. Any offence against the King's title, prerogative, person or
government.
6. Blasphemy and offences against religion.
No. I of
1868.
7. Composing, printing or publishing blasphemous, seditious or Ordinance defamatory libels, except as provided by section 17 of the Defamation No. 1 of
1887. and Libel Ordinance, 1887.