160
82
with the said determination and alleging that he is aggrieved thereby as being erroneous in point of fact, has applied to me, pursuant to section 105 of the Magistrates Ordinance, 1932, for leave to appeal to the Full Court by way of re-hearing: Now I do hereby certify that I have granted such leave accordingly.
Dated this
day of
19
(Signed.)
Magistrate.
[L.8.]
FORM No. 36.
(s. 110.]
Magistrate's certificate of refusal to state or amend case or to grant leave to appeal.
HONG KONG
IN THE POLick Court at
[Commence as in the last form down to the end of the first recital and then continue as follows:]
and whereas the defendant [or A.B..] being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 100 [or section 105] of the Magistrates Ordinance, 1932, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; (and, if so, whereas on the
day of
19
+
I stated and signed a case accordingly, but the defendant for A.B.1 is dissatisfied with the way in which I have so stated such case and baa, pursuant to section 102 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case [or to grant such leave to appeal, or now I, having refused to amend such case], of which refusal the defendant for 4.B has requested me to sign and deliver to him a certificate: Now therefore I, the said magistrate, pursuant to section 110 of the said Ordinance. do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that have refused to state such case accordingly [or that I bave refused to grant such leave to appeal, er to amend such case].
Dated this
[L..]
day of
19
(Signed.)
Magistrate.
FORM No. 87.
Case stated by a magistrate.
IN THE SUPRkme Conat or HONG KONG.
APPELIATE JURISDICTION,
Between 4.B. Appellant,
and
Respondent.
C.D..
(s. 100.]
This is a case stated by the undersigned, a magistrate of the Colony of Hong Kong. under the Magistrates Ordinance, 1932, for the purpose of appeal to the Supreme Court on questions of law which arose before me as hereinafter stated
1. At the police court in the said Colony, at day of
on the
19 an information for a complaint] proferred by A.B. (hereinafter called the respondent) against C.D. thereinafter called the appellant) [or us the case may be], under
section
83
of the state the Ordinance or statute as the case may be| charging, for that be, the appellant [etc., state the offence or cause of complaint], was heard and determined by me, the said parties respec- tively being than present; and upon such hearing the appellant was duly convicted before me of the said offence, and it was adjudged that he should pay [or and upon such hearing the appellant was by me ordered to pay to the respondent the sum of [here state the adjudication of fine, sum, or imprisonment and costs, as in a conviction or an order]
[Or, if dismissed and upon such hearing the said information [or complaint] was dismissed by me, [and, if so, the appellant was ordered to pay to the respondent the sum of
for his costs incurred by him in his defence in that behalf, (conclude as in an order of aismissalļ
2. And whereas the appellant, being dissatisfied with my dater- mination upon the hearing of the said information [or complaint and alleging himself to be aggrieved by such determination as being erroneous in point of low has, pursuant to section 100 of the Magistrates Ordinance, 1982, duly applied to me in writing to state and sign a case setting forth the facts and the grounds of such determination as aforesaid, in order that he may appeal therefrom to the Full Court, and has duly entered into a recognizance as required by the said Orli nance in that behalf.
[If the case is stated in obedience to a rule under section II, recite the refusal and the granting of such rule as follows:-but I, being of opinion that the application of the appellant was merely frivolous, refused to state and sign such case. and at his request signed and delivered to him a certificate of such refusal; and whereas the Fuli Court has since granted a rule calling upon me to state such case.]
3. Now therefore 1, the said magistrate, in compliance with the said application [or in obedience to the said rule and order of the Full Court and the provisions of the said Ordinance [if more facts are introduced than proved and by consent of the said parties), do hereby state and sign the following case.
4. Upon the hearing of the information [or complaint] it was proved on the part of the respondent, and found as a fact, that [here state so much of the evidence given and of the facts as are necessary to raise the point of law in question].
5. [State here any of the following paragraphe according to circum- stances]. It was admitted by the appellant that the said proceedings had before me were legal and regular, and that if [according to cir- cumstances] the said conviction [or order] was properly made.
6. It is also an admitted fact that
7. It was further stated on behalf of the respondent, and admitted by the appellant, that
8. For the purpose of enabling the said court to determine the questions raised between the parties, the following further facts were stated and agreed upon between them, viz. :
If it is desired to refer to a portion of the evidence by consent, insert the following paragraph :-
-
9. It is agreed that if either party shall wish to refer to
[a document or book] not set out in the body of this case, such party shall be at liberty to do so, and that for this purpose the said [document or book! shall be taken, so far as it relates to the said
to form part of this case.
10. It was contended on the part of the appellant that [here state the legal objection or objections to the findings on the facts taken by the defendant or his counsel.]
11. I, however, being of opinion that [here state the grounds of the decision], held that [here state the decision and judgment]
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