1949-HKRS29-8-16_Part02 — Page 30

First Schedule. Form No. 89.

Refusal 1 saate or

amend

a case.

(*. 30 & 21

Vict. c.43.

IG

(2) The appellant, if in custody, may, by order of a magistrate, be brought up for the purpose of entering into the recognizance.

(3) The appellant shall not be entitled to bave the case delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.

(4) The appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the magistrate's clerk or other proper officer, in respect of the said case and recognizance, the fees following:

1. For the recognizanoc

$ c.

6. 00

2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of 73 wozda each

6. 00

3. Or if the case exceeds 5 folios,

for every additional folio

1.00

(5) This section shall not apply where the application is made by or under the direction of the Attorney General.

106. If the magistrate is of opinion that the appli cation to state or amend a case is merely frivolous," but not otherwise, he may refuse to state or amend a case and shall, on the request of the party or person applying therefor, sign and deliver to him a certificate of sucli refusal, on payment of the sum of two dollars: Provided always that the magistrate shall not refuse to alate a Form No. 86. case where the application therefor is made to him by

or under the direction of the Attorney General.

5.4.]

First

Schedule.

Compelling magistrate to state or amend

[cf. 20 & 21 Vict. 0.43. 1.5.1

107. (1) Subject as aforesaid, if the magistrate refuses to state a case, or neglects to state a case within three weeks from the time when the application therefor was made, or refusce to amend a case, when stated and delivered, on the application of either party within the time limited for such amendment, it shall be lawful for the party aggrieved by such refusal or neglect to apply to a judge of the court, by notice of motion served on the magistrate and on the respondent, supported by an affidavit of the facts, for a rule calling upon the magistrate to show cause why such case should not be stated or amended; and the judge may make the same absolute or discharge the same with or without payroent of costs by the magistrate or either party, as may seem just.

L

Right of appeal Com magistru in

a criminal Datter.

[ct. 45 5 Geo. 5, c.5%, 53700J Right of appeal against scotence of

a magistrate,

[[£. 15 & 16, Gee. 5, c.86, 9.25.1

Right of appeal from magistrate in a non- criminal matter.

Procedure for appeals under 1.108 prior Henty of append

TE. 23 & 24. Dico. 5, 0.38, 1.1.]

First Schedule. Forms Nos. gga.

First

Schedulc.

17

(2) The magistrate, on being served with such rule absolute, sbull stato a case, or amend the case stated accordingly.

Alternative procedure.

10

108. (1) Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connection with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, manner hereinafter provided to a judge of the court.

(2) Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge of the court against his sentence unless the sentence is one fixed by law.

(8) After the bearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connection with an offence either party thereto may appeal from such order or determination of such magistrate to a judge of the court.

109. Where a person is authorised by section 108 to appeal to a judge, the following provisions shall apply --- (1) The appellant shall, within ten days after the day of his conviction or the order or determination by the magistrabe, give to such magistrate's clerk notice in writing of his appeal, stating the general grounds of bis appeal, and signed by him or his agent on his behalf, and thereupon the magistrate's clerk shall give a copy of such notice to the respondent and, if he is not the respondent, also to the Attorney General.

(2) When notice of appeal has been given to a magistrate's clerk the magistrate whose conviction, order or determination in the subject of the notice of appeal shall prepare a signed statement of his findings on the facts and other grounds of his decision and within twenty days after the said conviction, order or determination cause a copy to be served upon the appellant and respondent and, if he is not the respondent, also upon the Attorney General.

(3) The appellant shall, after giving notice of appeal to the magistrate's clerk and within thirty days after the day of his conviction or the order Or determination, enter into 1 recognizance with Our Form No. 98. without sureties as any inagistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate inay have thought necessary to fix, condi-