CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 109

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

128

HONG KONG.

50

FORM NO. 13.

Minute and depositions of witnesses.

IN THE POLICE COURT AT

[ss. 28 and 75.]

Rex, on the information [or complaint] of A.B., versus C.D., &c.

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court,

The examination of E.F., of

day of

[merchant], and G.H., of [labourer], taken upon oath [or declaration] this

19 at the said court before the undersigned,

a magistrate of the said Colony, in the presence and hearing of C.D. against whom information is laid for complaint is made, or who is charged] by A.B. this day before [me], for that he, the said C.D., on the

day of

19 at [describing the offence

as in the information, summons, or warrant of commitment].

This deponent E.F. upon his oath [or declaration] saith as follows: [stating the deposition of the witness as nearly as possible in the words When his deposition is complete, if the offence is an indict- able one, let him sign it].

he uses.

And this deponent G.H. upon his oath [or declaration] saith as follows: (etc.).

The above depositions of E.F. and G.H. were taken [and swor] before me at

on the day and year first above mentioned.

[L.S.]

(Signed)

Magistrate.

NOTE. Where a fine is inflicted a memorandum of penalties paid into court shall be added.

FORM No. 14.

[6. 22.]

Conviction for fine, etc., to be levied by distress, and, in default of sufficient distress, imprisonment.

HONG KONG.

IN THE POLICE COCRT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

19

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

at

19

[state offence]; and it is adjudged that the defendant

for his said offence do forfeit and pay the sum of [state the fine and also the compensation, if any] to be paid and applied according to law and also do pay to the said A.B. the sum of

for his costs

7

in this behalf; and if the said several sums be not paid forthwith, [or on or before the

day of

19 .]* it is further ordered that the same be levied by distress and sale of the défendant's goods and chattels, and, in default of sufficient distress, *it is adjudged that the defendaut be imprisoned in a prison in the said Colony, [and there kept to hard labour] for the space of unless the said several sums and all costs and charges of the said distress [and of the commitment and conveying of the defendant to a prison, shall be sooner paid.

·

[L.S.]

(Signed.)

Magistrate.

*Or, where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, or where, in the opinion of the magistrate, it is in- expedient to issue such warrant of distress, then instead of the words between the asterisks* *say, "then, inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the defendant and his family, [or that the defend- ant has no goods or chattels whereon to levy the said sums by dis- tress]" or "then inasmuch as I deem it inexpedient to issue such warrant of distress".

51

FORM No. 15.

[ss. 22, 35 and 45.]

Jonviction for fine, to be levied by distress, and, in default of sufficient distress, imprisonment. Payment forthwith or by a

HONG KONG.

given day or by instalments,

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

at

The

day of

19

19

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of [state offence]; and it is adjudged that the defendant de for his said offence forfait and pay to the magistrates' clerk [or other the person to whom payment is to be made] at

the sum

of [amount of fine] and do also pay to the said A.B. the sum of

for compensation [if awarded] and

for costs

[or without costs.*]

for every

on the

19

1

1

And it is ordered that the said sums be paid forthwith, [or on the

day of

or by instalments of days, the first instalment to be paid forthwith or day of

19 .] and if default is made in payment according to this adjudication and order, it is ordered that the sums due thereunder be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

unless the said

sum, and all costs and charges of the said distress, shall be sooner paid.

(Signed.)

[1.8.]

Magistrate.

Where the fine does not exceed two dollars, omit the direction to pay coats, and insert the words "without costs,'

"unless costs are expressly ordered.

FORM No. 16.

[ss. 22 and 35.]

Conviction for fine and, in default of payment, imprisonment.

IN THE POLICE COURT AT

HONG KONG.

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court,

The

at

day of

19

J

19

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the day af

[state offence]; and it is adjudged that the defendant for his said offence do forfeit and pay the sum of [state the fine and the compensation, if any], to be paid and applied according to law, and also do pay to the said A.B. the sum of

to be paid for his costs in this behalf; and if the said several sums are not paid forthwith for on or before the day of

19 ], it is further adjudged that the defendant be imprisoned in a prison in the said Colony and there kept to hard labour [if so adjudged] for the space of

unless the said several sums shall be sooner paid.

[L.8.]

(Signed.)

FORM No. 17.

Magistrate.

[68. 22 and 35.]

Conviction for fine, and, in default of payment, imprisonment. Payment forthwith, or by a given day, or by instalments.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

Hong Kong,

129

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