189388-1932-Ordinances-passed-and-assented-to--Summary-Offences-No-40-of-1932-Magistrates-No-41-of-1932-Registration-of-United-Kingdom-Patents--No-42-of-1932-Protection-of-Women-and-Girls-Amendment-No-43-of-1932 — Page 16

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

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(2) It shall be lawful for the Governor as occasion may require to direct that any two justices of the peace, sitting together, shall have the powers and jurisdiction that a magis- trate has by this Ordinance, and thereupon all the provisions of this or any other enactment relating to proceedings before a magistrate shall apply mutatis mutandis to the proceedings before such justices. Such direction shall name a place where the said justices are to sit.

PART II.

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

defendant

thereof.

8.—(1) In every case where a complaint is made to or Issue of an information laid before a magistrate in respect of which summons to the magistrate has power to convict summarily or to make an and mode order for the payment of money or otherwise, it shall be of service lawful for the magistrate to issue his summons to the person 11 & 12 Vict. against whom the complaint has been made or information c. 43, s. 1. laid, stating shortly the matter of the complaint or information First and requiring him to appear at a certain time and place be- Schedule. fore a magistrate to answer to the complaint or information and to be further dealt with according to law.

(2) Every such summons shall be served by a constable, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons: Provided always that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a summons.

Form No. 1.

case of

or in first

9.-(1) If the person so served with a summons does not Issue of appear before a magistrate at the time and place mentioned warrant in in the summons, and it is made to appear to the magistrate disobedience by oath that the summons was so served within what is to summons deemed by the magistrate to be a reasonable time before the instance. time therein appointed for appearing to the same, then it shall be lawful for the magistrate to issue his warrant to First apprehend the person so summoned, and to bring such person Schedule 2 before him or another magistrate to answer to the said com- plaint or information and to be further dealt with according to law; or, on such information being laid as aforesaid, the magistrate before whom the information has been laid may, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant for apprehending the person against whom the information has been laid, and for bringing him before a magistrate to First answer to the said information and to be further dealt with Form No. 3. according to law.

(2) In any case where a summons is so issued as aforesaid, if, on the day and at the place appointed in and by the sum- mons for the appearance of the party so summoned, such party fails to appear accordingly in obedience to the summons,

Schedule.