1958-HKRS28-8-25_Part02 — Page 50

Rules, Form 3.

(3) Notwithstanding the provisions of sub- sections (1) and (2), on such information being laid as aforesaid, the magistrate before whom the information has been laid, may, on rath being made before him substantiating the matter of the information to his satis- faction, at any time instead of

(e) issuing his summons as prescribed in sub-

section (1) of section 8; or

(b) ordering a fresh summons to be served in accordance with the provisions of paragraph (a) of subsection (2) of section 8 as prescribed in subsection (2),

issue in the first instance or thereafter his warrant for apprehending the person against whom the informa- ! tion bas been laid, and for bringing him before a magistrate to answer to the said information and to be further dealt with according to law.

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(4) In any case where a summons is so issued and served in accordance with the provisions of paragraph || (@) of subsection (a) of section 8, if, on the day and at the place appointed in and by the summons for the appearance of the party so summoned, such party fails to appear accordingly in obedience to the summons, then and in every such case, if it is made to appear to the magistrate by oath that the summons was served in the manner prescribed, it shall be lawful for the magis- trate to proceed ex parte to the hearing of the complaint or information, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him in obedience to the summons.

(5) A summons shall be deemed not to have been served in the manner prescribed unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto.".

5.

The principal Ordinance is amended by the addition. Addition after section 28, of the following new section-

of new Bection 28.4.

"Proof of previous

28A. Otherwise than in a court sitting in manner convictions. provided in section 3 of the Juvenile Offenders (Cap. 226).

Ordinance, where a magistrate-

(2) has convicted any person; or

(b) has made an order against any person for the

payment of money or otherwise,

and it is proved to the satisfaction of the magistrate, on oath or in the prescribed manner, that not less than seven days previously a notice was served on such person in the prescribed form and in the manner prescribed in paragraph (7) of subsection (2) of section 8 for the service of a summons specifying any alleged previous conviction of such person of a summary offence proposed to be brought to the notice of the magistrate in the events of the con- viction of such person of the offence charged, and such person is not present in person before the magistrate, the magistrate may take account of any such previous conviction so specified as if such person had appeared and admitted it.".

ment of

6. Section 36 of the principal Ordinance is amended by the Amend- deletion of subsection (3) and the substitution therefor of the section 36. following-

(2) Notwithstanding the provisions of subsection (1), in reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account, and in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a cent shall be omitted.".

7. The principal Ordinance is amended by the substitution Amendment of the words "Second Schedule" for the word "Schedule" 37A, 88 wherever it occurs in sections 87A, 88 and 89.

of sections

and 89.