Amendment of
section 114.
Addition of
new section
114A.
2
(6) deleting "of twenty dollars" in subsection (4) and sub-
stituting the following-
"not exceeding five hundred dollars"; and
(c) inserting the following new subsection after subsection
(4)—
3.
"(5) The magistrate before whom a person is brought pursuant to a warrant under subsection (2) may, unless such person satisfies the magistrate that he had reasonable cause for his refusal or neglect to appear at the time and place appointed by the summons, impose upon such person fine not exceeding five hundred dollars.”.
Section 114 of the principal Ordinance is amended- (0) in paragraph (4), by-
(i) deleting "ten" and substituting the following-
"fourteen"; and
(ii) inserting the following after "magistrate”—
"or within such extended time as may be ordered upon application made in accordance with section 114A"; and
(b) in paragraph (b), by deleting "twenty days after the said conviction, order or detemination" and substituting the following
"Sfteen days after the day on which the notice of appeal was given”; and
(c) in paragraph (c), by deleting "fifteen days after the day of bis conviction or the order or determination" and sub- stituting the following-
4.
*ten days after the day on which the notice of appeal was given".
The principal Ordinance is amended by adding the following new section after section 114—
"Extension 114A. (1) Where it appears to a magistrate or of time for to a judge, on application made in accordance with giving notice of appeal
subscction (2), that any person wishing to appeal under section against any conviction, order or determination by any 1.14.
magistrate has failed to give the notice of appeal required by section 114 within the period of fourteen days prescribed by paragraph (a) thereof, the magis- trate or the judge, as the case may be, may, on good cause being shown by the applicant, order that such
DL 15 & 16, Deo. 6 & J EE. 2. « 34]
notice may be given within such further time as shall be specified in such order.
(2) An application under subsection (1) shall be made in writing and----
(a) where the application is being made to a magistrate, shall be sent by the applicant to the magistrates' clerk; or
(b) where the application is being made to a judge, shall be sent by the applicant to the Registrar.
(3) Where an order is made under subsection (1)
(a) the magistrates' clerk or the Registrar, as the case may be, shall give notice of the order to the applicant and to the respondent and if he is not the respondent, to the Atomey General; and
(b) if the order was made by a judge, the Registrar shall also give notice thereof to the magistrates' clerk.
(4) An application may be made under sub- section (1) to a judge notwithstanding the refusal by a magistrate of an application thereunder.".
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 10th day of January, 1968, and is found by me to be a true and correctly printed copy of the said Bill.
(Secretariat L/M B_1450/66)
Deputy Clerk of Councils.