CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 162

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THE HONG KONG GOVERNMENT GAZETTE.

Transmis-

sion of

case to

Registrar and

notice to respondent. [cf. 20 & 21 Vict. c.43, $.3.]

Amendment

of case by magistrale.

Setting down case for

argument.

Judge may send case

back for

amendment.

[cf. 20 & 21 Vict. c.43. $.7.]

Giving of security by appellant and fees for

appeals under

5.100. First Schedule. Form No. 88.

101. The appellant shall, within fourteen days afte the delivery of the case to him as hereinafter mentioned transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before the magistrate, hereinafter referred to as the respondent, and, in any case in which the Attorney General is neither the appellant nor deemed to be a party but is entitled to apply for a case to be stated, also to the Attorney General.

102. After the delivery of a case to the appellant as aforesaid but before the commencement of the hearing by a judge, it shall be lawful for the magistrate on application by either party and on notice of such applica- tion to the other party previously given, to amend the case stated and signed by him in any way he may think fit: Provided that if the case is SO amended the provisions of sections 101 and 103 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.

103. When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party four clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by a judge of the court: Provided always that the party setting down the case for argument shall give to the Attorney General and the respondent four clear days notice of the day appointed therefor.

104. The judge shall have power, if he thinks fit, to cause the case stated for his opinion to be sent back to the magistrate for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after the same has been amended.

105. (1) The appellant shall, within three weeks from the making of an application under section 100, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Full Court and to pay such costs as may be awarded by the judge or Full Court or, with the magis- trate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrate's clerk, or otherwise, as the magistrate may deem sufficient,

2

rst schedule. Form No. 89.

Refusal to

state or amend

a case.

[cf, 20 & 21 Vict. C.43,

SUPPLEMENT NO. 1, MAY 20, 1949.

by

(2) The appellant, if in custody, may, order of a magistrate, be brought up for the purpose of entering into the recognizance.

(3) The appellant shall not be entitled to have the case delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.

(4) The appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the magistrate's clerk or other proper officer, in respect of the said case and recognizance, the fees following:-

1. For the recognizance

$ e.

5. 00

2. For drawing the case and copy

thereof for appellant, if not exceeding 5 folios of 72 words each

5. 00

1. 00

3. Or if the case exceeds 5 folios,

for every additional folio

(5) This section shall not apply where the application is made by or under the direction of the Attorney General.

106. If the magistrate is of opinion that the appli- cation to state or amend a case is merely frivolous, but not otherwise, he may refuse to state or amend a case and shall, on the request of the party or person applying therefor, sign and deliver to him a certificate of such refusal, on payment of the sum of two dollars: Provided always that the magistrate shall not refuse to state a Form No. 86. case where the application therefor is made to him by

or under the direction of the Attorney General.

$.4.1

First Schedule.

Compelling magistrate to

state or amend

a case.

(cf. 20 & 21 Vict. c.43, 8.5.]

107. (1) Subject as aforesaid, if the magistrate refuses to state a case, or neglects to state a case within three weeks from the time when the application therefor was made, or refuses to amend a case, when stated and delivered, on the application of either party within the time limited for such amendment, it shall be lawful for the party aggrieved by such refusal or neglect to apply to a judge of the court, by notice of motion served on the magistrate and on the respondent, supported by an affidavit of the facts, for a rule calling upon the magistrate to show cause why such case should not be stated or amended; and the judge may make the same absolute or discharge the same with or without payment of costs by the magistrate or either party, as may seem just.

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