1966-HKRS29-8-33_Part03 — Page 16

2

3

Addition of new section

99.

4. The principal Ordinance is amended by the addition, after section 98, of the following new section—

"Issue of

SUMONDS or

warrant

For non- payment of fine.

99. (1) Where under any enactment a fine is imposed by a magistrale on a person and the line is not paid forth- with or in such manner as may be allowed or directed. subject to such enactment, a magistrate may——

(2) issue a summons to such person to appear before a magistrate, and, if that person does not appear in answer to the summons, issue a warrant to apprehend him; or

(b) issue, in the first instance, a warrant to apprehend

such person.

(2) On the appearance of such person before & magistrate in consequence of a summons or warrant issued under subsection (1), the magistrale may commit him to prison for such period as may be in accordance with the scale provided by section 67:

Provided thar-

(a) where the enactment under which the fine was imposed lays down term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment imposed under section 67 shall not exceed such a term;

(b) in respect of the non-payment of a fine by a person to whom time has been allowed for pay- ment or who has been directed to pay by instal- ments under section 40–—–

(1) a warrant of commitment to prison shall not be issued unless the magistrate first makes inquiry as to his means in his presence; and

(i) after making such inquiry, the magistrate may, if he thinks Bt, instead of issuing a warrant of commitment to prison, make an order extend- ing the time allowed for payment or varying the amount of the instalments or the times at which the instalments were, by the previous direction of a magistrate, directed to be paid.".

5. The principal Ordinance is amended by the repeal of Part VIII Repeal and the replacement thereof by the following-

Rules.

Regulations as to costs and tees.

Amendment of First Schedule.

"PART VIII.

Miscellaneous.

131. The Chief Justice, with the approval by resolution of the Legislative Council, may make rules for the carrying into effect of this Ordinance and for any matter accillary thereto.

132. (1) The Chief Justice, with the approval by re- solution of the Legislative Council, may make regulations –— (a) as to the fees to be taken (if any) at the magis- trates' court in respect of any proceedings or of the issuing, service or execution of any process or otherwise;

(6) as to the costs (if any) to be allowed for the attendance of witnesses or for legal assistance or otherwise;

(c) fixing a scale of such fees and costs;

(a) exempting any particular class of cases from the

payment of any such fees or costs.

(2) A table of the fees and costs for the time being in force shall be hung up in some conspicuous part of the magistrates' court.

(3) A magistrate may refuse to do any act for which any fee is payable unless such fee has been paid, and, where any such act is done and the fee due thercon remains unpaid, any magistrate may summon the person from whom such fee is due and the fee may be recovered in the manner provided in this Ordinance for the recovery of a fine.

133. The Governor in Council may by order amend the First Schedule.".

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 26th day of October, 1966, and is found by me to be a true and correctly printed copy of the said Bill.

Deputy Clerk of Councils.

(Secretariat L/M B 1844/65 in GR9/3231/53)

and replace- ment of Part VIII.