1949-HKRS28-8-16_Part02 — Page 37

+

Provisions as

to costs.

(cf. 23 & 24 Geo. 5. 6.36. 5.5-1

Provisions

to forfeited recogniz.

ances

[ef. 23 24. Ġeo. 51 c.38, *.6.]

E

as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it bad been made by the magistrate:

(e) the powers of the judge under paragraph (d) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;

(f) the Registrar shall send to the magis. trate's clerk, for andry in his record, a memorandum of the judge's decision, and shall endows a like memorandum co the conviction, and whenever any copy or certificate of ble conviction is made, a copy of the memorandum shall be added thereto and shall be sufficient evidence of the fudge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.

115. (1) On any appeal to which section 100 na section 108 applies, the judge may make such orders ns to costs, as he may think fit, and may--

(a) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider ressonable in respect of the costs so incurred by him;

(b) in any case, in which the appeal is from an order or determination in respect of or in con- nection with an offence, in lien of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal;

and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal sbull have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate'a summous by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.

118. (1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.

(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.

Ordinance No, g of 1899.

Treatment of appellant, c. pending appeal or relicaring.

[c.7 Edw. 7, 0.2), 1404

23

(b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum due by the recognizance shall, save aa hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizancos by sections 99 to 102 of the Criminal Procedure Ordinance, 1899.

(8) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance.

(4) The judge, unless he makes an order wholly discharging the recognizance-

(a) shall, at the time when he signs as aforesaid, make su order fixing the term of imprisonmeol which the person bound by the recognizance is to undergo if any aur due in respect thereof is not duly puid and cannot be recovered by distress; and

(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount. on such dates respectively, us be may specify in such order.

(5) Any order under paragraph (b) of sub- section (4) postponing the payment of any aum due iu respect of a recognizance, shull operate as a direction to the Registrar to proceed with the enforcement of payment of the aum due in respect of the recognizance only if and when default is made in complying with the order.

(6) The Registrar shall enter upon the record any order made by the judge under this section.

(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.

117. (1) Any judge shall have power to admit to bail any appellant who is in the custody of the Comunis- sioner of Prisons, or auch judge may order him to be brought up to the court in eustody for the purpose of attending the appeal or any application or proceeding therein.

(2) The time during which an appellant, pending the determination of his appeal, is admitted to bail, and, subject to any directions which the judge may give to the contrary, the time during which the appellant, if in custody, is treated as if he were a person awaiting trial, shall not count as part of any term of imprisonment