134
THE HONG KONG GOVERNMENT GAZETTE,
Ordinance No. 9 of 1899.
Treatment of appellant,
etc., pending appeal or rehearing.
[cf. 7 Edw. 7, C.23, 5.14 (3).]
211
(b) The list or lists so made shall examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 99 to 102 of the Criminal Procedure Ordinance, 1899.
(3) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance.
(4) The judge, unless he makes an order wholly discharging the recognizance--
(a) shall, at the time when he signs as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and
(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as he may specify in such order.
(5) Any order under paragraph (b) of sub- section (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.
(6) The Registrar shall enter upon the record any order made by the judge under this section.
(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.
117. (1) Any judge shall have power to admit to bail any appellant who is in the custody of the Commis- sioner of Prisons, or such judge may order him to be brought up to the court in custody for the purpose of attending the appeal or any application or proceeding therein.
(2) The time during which an appellant, pending the determination of his appeal, is admitted to bail, and, subject to any directions which the judge may give to the contrary, the time during which the appellant, if in custody, is treated as if he were a person awaiting trial, shall not count as part of any term of imprisonment
Right of Attorney General to substitute
himself as a
party in appeals relating to criminal matters in respect of proceedings to which he is not deemed
to be a party.
40. amended-
SUPPLEMENT NO. 1, MAY 20, 1949.
under his sentence, and any imprisonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the judge, shall, subject to any directions which may be given by the judge, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from and including the day on which the appeal is. determined, or, if he is not in custody, as from and including the day on which he is received into prison under the sentence,
(3) Paragraph (a) of section 114 and sub- sections (1) and (2) of this section shall apply to the case of a review under the provisions of section 99, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.
118. In the case of any appeal to which section 100 or section 108 applies from a determination relating to or connected with an offence it shall be lawful for the Attorney General, if he is not already a party to cause himself to be substituted as a party in lieu of the com- plainant or informant at any time before the date fixed for the hearing of the appeal by notice in writing to such com- plainant or informant and to the Registrar and thereupon such complainant or informant shall cease to be a party to any further proceedings and the Attorney General shall be deemed to be a party.'
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135 212
The First Schedule to the principal Ordinance is hereby Amendment
of First Schedule
(a) by the substitution of the words 'a judge of the Supreme to the Court" for the words "the Full Court" in the last two lines of Form principal
Ordinance. No. 84;
(b) by the deletion of Forms Nos. 85, 90, 93 and 94; (c) by the substitution of the following for Form No. 86:-
FORM No. 86.
Magistrate's certificate of refusal to state or amend case.
HONG KONG.
IN THE POLICE COURT AT
19
[s.106.]
an ,
Whereas on the
day of information [or complaint] preferred by A.B. against C.D., of
(hereinafter called the defendant) for that he [etc., as in the information, complaint or summons] was heard and determined by me, the undersigned, a magistrate of the said Colony, and thereon [here state the adjudication, order or determination to-
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