1949-HKRS28-8-16_Part02 — Page 33

Amendment

of section 99 of the

principal Ordinance,

Subaticanion

of Part VI

of the

principal Ordinance.

14

38. Section 90 of the principal Onlinance is hereby amended by the substitution for sub-sections (9) and (10) of the following sub-sections:-

39.

() No application for a review shall be granted and no exercise by a magistrate shall be made of the power conferred on him by sub-section (5) aubsequent to the commencement of proceedings by either party with a view to questioning the decision of the magistrate by way of appeal mandamus or certiorari, uuless auch pro- ceedings shall have been abandoned.

(10) For the purpose of determining the time, within which an appeal whether by way of case atuted under section 100 of Uuder section 108 may be lodged, the determination of a case by way of review under this section or the refusal to grant a review shall, in the event of such determination or refusal and notwithstanding any- thing contained in the sections aforesaid, or in section 109 be the date as from which the respective periods for lodging an uppeal shall run but nothing in this Ordinance shall authorise un appeal, whether by way of case slated or otherwise, from the refusal of a magistrate to grant o review. "*

The following Part VI is substituted for Yurt V), including seutions 100 to 1181, of the principal Ordinance ;-

Application

No stle WER

on point

£ faw.

[ 2011 Vict. C.43. *2; 42 & 43 Vict. C.49. 5.33.1 First Schedule. Forms Now. 84 & 87.

PART VI,

APPEALS.

Appeal by way of case stated on point of law.

100. Within seven clear days after the hearing and determination by a magistrate of any complaint, infor. mation, charge or other proceeding which he has power to determine in a suminary way, either party thereto or any person aggrieved thereby who desires to question by way of appeal any conviction, order, determination or other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the magistrate to state and sign a case setting forth the facts and the grounds on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for the opinion of a judge of the court. In the case of any determination which a magistrate has power to determine in a summary way and which relates to or is connected with an offence the Attorney General shall notwithstanding that he may not be deemed to be a party, have a similar right to apply for a case to be atated as that hereinbefore afforded to the parties and upon the exercise of such right by the Attorney General the complainant or informant shall cease to be a party to any further proceedings.

sion of

Registrar and

notice r

respondent. Jcf. 20 & 21 Vicr. c.43

3.3.]

Amendment

of case by magistrate.

Selding down

case for argument.

Judge may

SCAR C back for amendment.

d. 20 & 21 Vict. c.43.

3.7.

appeals under

8.100. First Schedule. Ferm

15

101. The appellant shall, within fourteen days after the delivery of the case to him as hereinafter mentioned, transmit the cuse to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before tho magistrate, bereinafter referred to as the respondent, and, in any case in which the Attorney General is neither the appellant nor deemed to be a party but is entitled to upply for a case to be stated, also to the Attorney General.

102. After the delivery of a case to the appellant us aforesaid but before the commencement of the hearing by a judge, it shall be lawful for the magistrate on application by either party and on notice of such applice- tion to the other party previously given, to amend the case stated and signed by him in any way he may think 61: Provided that if the CELBE is BO amended the provisions of sections 101 and 108 shall be complied with in respect of the amended caso as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.

103. When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party four clear days at least before the day appointed for argument, and shull be beard, save os hereinafter provided, by a judge of the court: Provided always that the party setting down the case for argument shall give to the Attorney General and the respondent four clear days notice of the day appointed therefor.

104. The judge shall have power, if he thinks fit, to cause the case stated for his opinion to be sent buck to the magistrate for amendment, and thereupon the watne shall be amended accordingly, and judgment shall be delivered after the same has been amended.

Giving of

105. (1) The appellant shall, within three weeks security by from the making of an application under section 100, appellant and

enter into u recognizance with or without surelies us any fees for

magistrate muy have directed, und in such reasonable sum os, having regard to the purpose of the recognizance and to his means, the magistrate may have bought necessary to fix, conditioned to prosecuta bis appeal with diligence to abide by and duly perform the order of the judge or Full Court and to pay such costs as may be awarded by the judge or Pull Court or, with the magis- trate's consent, he may, as respects the whole or uny part of the sum so fixed, give such other security, by deposit of money with the magistrate's clerk, or otherwise, ns the magistrate may deem sufficient.

No. 88.