Gepeal apd replacement Al
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Amendment al section 10.
Repeal and replacement of reedom 14.
1.
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(4) Notwithstanding subsection (3) a magistrate may re- quire the police officer or other officer who served a summons fo attend before him and give evidence on dath as to its service.**.
Section of the principal Ordinance is repeated and replaced by the following-
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9. (1) Where a complaint or information laid before a augistrate is substantiated by oath before him, the magistrate may, in the first instance or notwithstanding that a summons has been previously issued, issue a warrant to arrest the defendant and bring him before a magistrate to answer to the complaint or information.t
(2) Where a defendant is arrested under a warrant issued under subsection (1), he shall be brought before a magistrate, who may adjouro the bearing and deal with the defendant in accordance with section 20.”.
4. Section 10 of the principal Ordinance is amended by deleting subsection (4) and substituting the following-
(Cup. 211, sub. KP)
"(4) Every such complaint or information shall comply with the Indictment Rules in so far as those rules are applicable mutatis mulandis to any such complaint or information.”,
5. Section 18 of the principal Ordinance is, repealed and replaced by the following new sections--
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18. At the hearing of a complaint or information, a party may be represented by counsel; and an absent party so represented shall be deemed not to be absent:
Provided that appearance of a party by counsel sbali not satisfy any provision in any enactment or any condition of a recognizance expressly requiring the appearance of the party.
IBA. Subject to sections (BE and 19A(5), in any case where A summons has been served on the defendant a reasonable time before the hearing and at the time and place appointed for the hearing only the complainant or informant appears, the magistrate-
(d) may issue a wrrant to arrest the defendant and bring him before a magistrate and adjourn the hear. ing for such time as he may think fit;
(6) may adjourn the hearing under section 20 and if the defendant does not appear at the time and place to which the hearing is adjourned may issue a warrant to arrest the defendant and bring him before a magistrate.
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18B. (1) Where at the hearing the defendant appears, but the complainant or informant does not appear, the magistrate-
(a) shall, if the defendant is brought before him by virtue of a warrant and the complainant or inform- ant has not had adequate notice of the hearing, adjourn the hearing under section 20; and
(5) may, in any other case, dismiss the complaint or information or adjourn the hearing under section 20.
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(2) Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $2,000, as the magistrate may think fit.
18C. (1) Where at the hearing neither the complainant or informant nor the defendant appears, the magistrale may-
(a) dismiss the information or complaint; or
(6) adjourn the hearing under section 20.
(2) Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same "matler.
180. Where al the bearing both the complainant or informant and the defendant appear, the magistrate shall proceed to hear and determine the case.
18E. (1) Subject to subsection (3), the defendant may, in the case of ad offence specified in the Third Schedule, Third Schedule. plead guilty by letter addressed to the magistrate, and there.
upon the magistrate may-
(Cap. 200.)
(a) proceed to hear and determine the case in the absence of the defendant in like manner as if the defendant had appeared before him and pleaded guilty:
Provided that be magistrate shall not impose any Bnc exceeding $500 or any term of imprison- ment; or
(M) adjourn the hearing for the purpose of dealing with the complaint or information as if such letter had not been received.
(2) In every case where the defendant may plead guilty by letter, the summons shall contain a footnote or cadorsement drawing attention to that fact
(3) Where a complaint or information is in respect of an offence under section 15(1) of the Road Traffic Ordinance and by virtue of subsection (2) of that section the magistrate will, if the defendant is convicted of the offence, be required to disqualify the defendant from hold- ing or obtaining a driving licence, a summons in respect of that offence shall be endorsed to the effect that the defendant may not plead guilty by letter, and in such a case the provisions of this section shall thereupon cease to apply.
(4) The Legislative Council may by resolution amend Third Schedule. the Third Schedule.".
6. Section 194 of the principal Ordinance is amended- (a) in subsection (4)--
6) by deleting "subsection (5) of section 18′′ and substituting the following-
"section 18E"; and
(ii) by deleting "subsection" and substituting the following-
"section"; and
Ascadrotor ot section 194,