64
and
was defendant, heard and determined before you at the said court on the
day of
19 being dissatisfied with your determination, upon the hearing of the above information for complaint) and being aggrieved thereby as being erroneous in point of law [or on the case may be]. Í hereby, pursuant to section 105 of the Magistrates Ordinance (Chapter 227), make application to you to state and sign a case setting forth the facts and grounds of such your determination, in order that I may appeal therefrom to a judge of the Supreme Court,
Dated this
day of
19
Between
and
65
(s. 105.]
FORM 97.
Case stated by a magistrate.
IN THE SUPREME Court OF HONG KONG,
AppRILATE Jurisdiction,
T
Appellant,
HOME KONG.
(Signed)
Form 96.
Magistrate's certificate of refusal so state case.
In me Machstrate's Court at
Whereas on the
day of
tion [er complaintį preferred by of
[5. 111-]
19 Against
30 informa.
(hereinafter called the defendant) for that he [etc., as in the information, complaint or summons] was heard and determined by me, the undersigned, a magistrate of the said Colony, and thereon [here state the adjudication, order or determination together with aky conséquential order as co fine, imprisonment, costa or other matter]:
And whereas the defendant (or
} being dissatisfied with the said determination and alleging that he is aggrieved thereby as being crroneous in point of law (or as being in excess of jurisdiction), has applied to me pursuant to section 105 of the Magistrates Ordinance (Chapter 227), to state and sign a case setting forth the facts and grounds of such determination in order that he may appeal therefrom:
Now I being of opinion that the application of the defendant Cor
) is merely frivolous have refused to state such case, of which refusel the defendant for sign and deliver to him a certificate:
) has requested me to
Now therefore 1, the said magistrate, pursuant to section 111 of the said Ordinance, do bereby certify that I am of opinion that the application of the defendant (or
) as aforesaid is merely frivolous, and that I have refused to state such case sccordingly.
Dated this
(1.5.]
day of
19
Magistrate,
. Respondent.
This is a case stated by the undersigned, a magistrate of the Colony of Hong Kong under the Magistrates Ordinance (Chapter 2271, for the purpose of appeal to a judge of the Supreme Court on questions of law which arose before me as hereinafter stated.
1. At the magistrate's court in the said Colony, at
19
on the
day of
, an information (ør # complaint) preferred by
(hereinafter called the respondent) against
(hereinafter called the appcllant) (or as the case may be), under section
of the [stote the Ordinance or mature as the case may be charging, for that he, the appellant [etc., state the offence or cause of complaint], was heard and determined by me, the said parties respectively being then present; and upon such bearing the appellant was duly convicted before me of the said offence, and it was adjudged that he should pay (or and upon such hearing The appellant was by me ordered to pay) to the respondent the sum of
[here state the adjudication of fine, sum, or imprisonment and costs, as in a conviction or an order).
(Or, if dismissed: and upon such hearing the said information for complaint) was dismissed by me) (and, if so, the appellant was ordered to pay to the respondent of the sum of
for his costs incurred
by him in his defence in that behalf, conclude as in an order of dismissal). 2. And whereas the appellant, being dissatisfied with my determiņu- tion upon the hearing of the said information (or complaint) and alleging himself to be aggrieved by such determination as being erroneous în point of law has, pursuant to section 107 of the Magistrates Ordinance, duly applied to me in writing to state and sign a case setting forth the facts and the grounds of such determination as aforesaid, in order that he may appeal therefrom to a judge of the Supreme Court, and has duly entered into a recognizance as required by the said Ordinance in that behalf.
(Where the case stated has been refused in the first instance--but 1, being of opinion that the application of the appellant was merely frivolous, refused to state and sign such case, and at his request signed and delivered to him a certificate of such refusal; and whereas a judge of the Supreme Court has since ordered me to state such case.)
3. Now therefore 1, the said magistrate, in compliance with the said application for in abedience to the said order of a judge of the Supreme Court) and the provisions of the said Ordinance (If more facts are introm duced than proved and by consent of the said parties), do hereby state and sign the following case.
+
Upon the hearing of the information (ar complain) it was proved on the part of the respondent, and found as a fact, that [here state so much of the evidence given and of the facts as are necessary to raise the point of law in question],