1949-HKRS28-8-16_Part02 — Page 38

Amendment of First

Schedule to the principal Ordinance.

Right of Attorney General to substinate bimscă as a party in appeals relacing o criminal matters in respect of

proceedings to which he is bor deemed

to be a party.

40. amended-

24

under his sentence, and any imprisonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the judge, shall, subject to any directions which may be given by the judge, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody. us from and including the day on which the appeal is tetermined, or, if he is not in custody, as from and including the day on which he is received into prison under the sentence.

(8) Paragraph (4) of acetion 114 and sub- sections (1) and (2) of this section shall apply to the case of a review under the provisions of section 99, in like manner as if the convicted parson, were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.

118. In the case of any appeal to which section 100 or section 109 applies from a determination relating to or connected with an offence it shall be lawful for the Attorney General, if he is not already a party to canse himself to be substituted as a party in lieu of the com- plainant or informant at any time before the date fixed for the hearing of the appeal by notice in writing to such com- plainant or informant and to the Registrar and thereupon such complainant or informant shall cease to be a party to any further proceedings and the Attorney General shall be deemed to be a party."

The First Schedule to the principal Ordinance is hereby

(a) by the substitution of the words "a judge of the Supreme Court" for the words "the Full Court" in the Inst two lines of Form No. 84;

25

gether with any consequential order as to fine, imprisonment, coats or other matter] and whereas the defendant [or A.D.,] being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law, has applied to me pursuant to section 100 of the Magistrales Ordinance, 1992, to alate and sign a case setting forth the facts and grounds of such determination in order that he may appeal therefrom to a judge of the Supreme Court and, if so, whereas on the day of

10 I stated and signed a cass accordingly. but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 102 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I baing of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case, [or now 1, having refused to amend auch case], of which refusal the defendant [or A.B.] bas requested me to sign and deliver to him a certificate: "Now therefore I, the said angistrate, pursuant to section 108 of the said Ordinance, do hereby uertify that I am of opinion that the application of the defendunt [ör A.B.] ns aforesaid is merely frivolous, and that I have refused to státe such case accordingly [or to amend such case.

9.].

Dated this

[..]

day of

(Signed.)

10

Magistrate."'

(d) by the substitution of the words "a judge of the Supreme Court" for the words "the Full Court" and "the Supreme Court" wherever they occur in Form No. 87;

No. 98:---

(e) by the substitution of the following form for Form

"Form No. 88.

[8.105(1),

s.109(3),

B.114(0).]

(6) by the deletion of Forms Nos. 85, 00, 98 und 94; (c) by the substitution of the following for Form No. 86:-

Form No. 80.

1

[8.100.]

Magistrate's certificate of refusal to slate or amend case,

HONG KHI NG

IN THE POLICE COURT AT

day of

AT

10

Whereas on the

12 information for complaint] preferred by A.B. against C.D.,

(bereinafter called the defendunt) for that be [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 slate the adjudication, order or determination to.

1

Becognizance to prosecute appeal and to appear if appelland ie liberated from custody.

HONG KONG

IN THE POLICE COURT AT

(The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows):

The condition of the within-written recognizance is such that if the within-bounden

"

1

(0) shall without delay prosecute a vertain appeal to a judge of the Supreme Court from a conviction (or order or determination) of J.P. Esquire, a magistrate of the said Colony, dated the 19 day of

whereby [here state effect of conviction orter or determination] and further shall abide by and duly perform the order of the said judge or the Full Court to be made upon the bearing of such appeal, and shall pay such costs as may be awarded by the said judge or court; and