Amend- meat of
2. Section 5 of the Magistrates Ordinance (hereinafter referred to as the principal Ordinance) is amended by the addition, (Cap. 927). after subsection (5), of the following new subsection-
section 5.
Amend. ment of section 8.
"(6) Any appointment made under the provisions of subsection (1) may be given effect from a date anterior to that of the warrant by which it is made:
Provided that nothing herein contained shall be deemed to authorize the discharge of any magisterial functions by any person so appointed before the date of the warrant or before the requirements of section 2 (Cap. 90). of the Promissory Oaths Ordinance have been
fulfilled.**.
3.
Section 8 of the principal Ordinance is amended by the deletion of subsection (2) and the substitution therefor of the following-
First Schedule.
j
Ľ J
(a) Every such summons
(a) shall be served by a police officer, usher or other officer of a magistrate's court on the person to whom it is so directed-
(1) by delivering such summons to him personally; or
(ii) by leaving it with sonte person for him at his last or most usual place of abode; or
(b) alternatively, in respect of a person who commits an offence against any of the pro- visions of the enactments mentioned in the First Schedule, may be served by sending it by hand or by post to his residential or business address,
and the police officer or other officer who serves, or effects service of, such summons shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to its service :
Provided always that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon
his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and deter- mine the case in all respects as if the defendant had appeared in answer to a summons,”.
4. Section g of the principal Ordinance is repealed and Repeal and replaced by the following-
"Issue of
and Warrant in case of dis- obedience
to summene or in first instance onder certain
circum-
stances.
Rules,
Form 2.
Rales. Form 2
9. (1) If a person served with a summons in accordance with the provisions of paragraph (a) of sub- section (2) of section 8, does not appear before a magistrate at the time and place mentioned in the summons, and 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 magistrate to issue is warrant to apprehend the person so such- moned, and to bring such person before him or another magistrate to answer to the said complaint or information and to be further dealt with according to law.
(2) If a person served with
1 summons in accordance with the provisions of paragraph (b) of sub- section (2) of section $, does not appear before a magistrate at the time and place mentioned in the summons, and it is made to appear to the magistrate by oath that the summons was served in the manner prescribed, the magistrate shall order that a fresh summons be served in accordance with the provisions of paragraph (a) of subsection (2) of section 8, on such person and if the person so served still does not appear before a magistrate at the time and place mentioned in the summons, and it is further made to appear to the magistrate by oath that the summons was served in the manner prescribed then it shall be lawful for the magistrate to issue his warrant to apprehend the person so summoned, and to bring such person before him or another magistrate to answer to the said complaint or information and to be further dealt with according to law.
replace. ment of section 9.
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