TNAG-1659-FCO40-2307-Hong-Kong-roads-and-traffic-legislation-1987 — Page 137

PRINTED AND PUBLISHED BY H. MYERS, GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING DEPARTMENT, HONG KONG

MAGISTRATES (AMENDMENT)

HONG KONG

No. 5 of 1987

L.S.

I assent.

Ord. No. 5/87

A 19

David AKERS-JONES,

Acting Governor.

22 January 1987

An Ordinance to amend the Magistrates Ordinance.

[23 January 1987]

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Magistrates (Amendment) Short title. Ordinance 1987.

2.

Section 27 of the principal Ordinance is repealed and replaced by Repeal and

the following

"Defects in and amendment of complaint, information or

summons.

27. (1) Where it appears to the adjudicating magistrate that there is-

(a) a defect in the substance or form of any complaint,

information or summons; or

(b) a variance between the complaint, information or summons and the evidence adduced in support of it,

he shall, subject to subsection (2)-—

(i) amend the complaint, information or summons if he is satisfied that no injustice would be caused by that amendment; or

(ii) dismiss the complaint, information or summons.

(2) The adjudicating magistrate shall amend the com- plaint, information or summons where--

(a) the defect or variance mentioned in subsection (1) is

not material; or

replacement of section 27.

(Cap. 227.)