Adjournment
of judicial proceedings during gale warning.
Resumption of adjourned judicial proceedings.
Duration of gale warning.
Chief Justice may adjourn judicial proceedings.
Attendance
at adjourned
bearing
2
"judicial proceedings" means any proceedings before a court, Tribunal, commission or other person having by law power to receive evidence on oath;
"period of adjournment" means a period during which any judicial
proceedings are adjourned by section 3 or 6;
"tropical cyclone" means a tropical depression, a tropical storm.
a severe tropical storm and a typhoon.
3. (1) All judicial proceedings. part-heard or otherwise, which are set down for hearing or are being conducted at a time which falls within the duration of a gale warning shall stand and remain adjourned until resumed in accordance with section 4.
(2) Notwithstanding the provisions of subsection (1) any judicial proceedings may be continued during a gale warning and if so continued shall have full effect in law,
4. Any judicial proceedings adjourned by virtue of section 3 shall be resumed on the next day, which is not a public holiday, after the day on which the gale warning ceases at the time and place specified for such proceedings on the date of such adjourn- ment under section 3.
$. (1) For the purposes of this Ordinance a gale warning sball-
(a)
be deemed to have commenced at the time when the Director hoists at the Royal Observatory any of the local visual storm warning signals commonly referred to as No. 5, 6, 7, 8, 9 or 10; and
(b) be deemed to have ceased at the time when such local
storm warning signals are lowered.
(2) As soon as practicable after a gale warning ceases the Director shall by notice in the Gazette declare the times at which and the days on which the gale warning commenced and ceased.
6. (1) Notwithstanding sections 3 and 4, the Chief Justice may by order provide for the adjournment and resumption of any judicial proceedings if, in his opinion, it is expedient to do so by reason of a tropical cyclone or of any circumstances arising therefrom.
(2) Any order made under subsection (1) shall be published in the Gazette as soon as practicable after the making thereof.
7. (1) Any person who-
(a) being a prosecutor or witness, is bound over, by recog- nizance or otherwise, to appear in, or attend at, any
3
judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment;
(b) being a defendant or an accused, is admitted to bail or is otherwise required to appear in, or attend at, any judicial proceedings set down for bearing on a day and at a time which falls within a period of adjournment. shall attend the adjourned hearing.
(2) Any person who is remanded in custody and is required to be produced before a court for purposes of any judicial pro- ceedings on a day and at a time which falls within a period of adjournment shall be produced before the court at the adjourned hearing.
8. (1) Where a person is discharged under subsection (1) of section 52 of the Police Force Ordinance upon his entering into a recognizance, with or without sureties, to appear before a magis- trate or to surrender for service of a warrant of arrest and deten- tion or for discharge at the time named in the recognizance and such time Falls within the duration of a gale warning the time shall be deemed to be extended until the same time on the next day, which is not a public holiday, after the day on which the gale warning ceases.
(2) Where any person is detained in custody under subsection (1) or (4) of section 52 of the Police Force Ordinance during a gale warning and it is not practicable to produce the person before a magistrate within the time limit prescribed in the said subsection (1) or (4), as the case may be, he shall be produced before a magistrate on the next day, which is not a public holiday, after the day on which the gale warning ceases.
9. (1) Any person who is required by a summons or other court process or otherwise to attend any judicial proceedings on a day and at a time which falls within a period of adjournment shall attend the adjourned hearing.
(2) Any person who is required by a subpoena or otherwise to produce any document or other thing at any judicial proceed. ings on a day and at a time which falls within a period of adjournment shall produce the document or other thing at the adjourned hearing
Persons arrested or detained
by police.
(0wp. 231)
Allcndance on tummons, etc.
10. In computing time for the purposes of any Ordinance, Computation any day on which-
(a) a gale warning is in force; or
of time.
No comments yet.
Private notes are available after approval.