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 51

1234 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Application for leave

to appeal on

question of fact by way

of re-hearing.

First Schedule. Form No. 85.

Filing of notion in the Full Court.

Procedure

Oil re-

hearing.

Appeal on question of fact.

105. Within seven clear days after the hearing and de- termination by a magistrate of any complaint, information, charge or other proceeding which he has power to determine in a summary way, either party thereto or any person aggriev- ed thereby who desires to question any conviction, order, de- termination or other proceeding as aforesaid on the ground that it is erroneous in point of fact, or on the ground that there was no evidence on which the magistrate could properly con- vict or make the order or give the determination or take the proceeding in question, as the case may be, may apply to the inagistrate for leave to appeal to the Full Court by way

of a re-hearing, and if such leave is granted the magistrates' clerk shall, subject to the provisions of section 108, deliver to the appellant a certificate to that effect, and shall forward the original depositions in the case to the Registrar, or, if the party or person desiring to appeal consents thereto, the magistrate may order the case to be re-heard before him.

106. Within ten days after the receipt of such certificate the appellant shall file the same with the Registrar, together with a motion for a re-hearing before the Full Court, setting forth shortly the grounds therefor, and such motion shall be served on the respondent and on the Crown Solicitor, and the Full Court, on the hearing thereof, may allow or dismiss the appeal, with or without costs, or may grant a re-hearing subject to such terms as to costs or otherwise as it may think fit.

107. On such re-hearing, unless the Full Court otherwise orders, the case shall be heard and the evidence taken de novo, and the Full Court may, in its discretion, allow fresh evidence to be given on such re-hearing: Provided that in a case where the evidence is taken de novo, if it is proved that a wit- ness who was examined before the magistrate is dead or unable to be present on such re-hearing, the Full Court may, in its discretion, admit the deposition of such witness signed by the magistrate, saving all just exceptions.

Giving of security

by appellant and fees.

First Schedule. Form No. 88.

First Schedule. Form No. 89.

Appeals generally.

108.-(1) Within three weeks from the making of an application under section 100 or 105, the appellant shall enter into a recognizance before a magistrate, with or without sure- ties and in such sum as to the magistrate may seem meet, con- ditioned to prosecute the appeal without delay and to pay such costs as may be awarded by the Full Court: Provided always that, in the case of an appeal touching any fine, the amount of the recognizance shall not be less than the amount of the fine and a sum to cover costs.

(2) The appellant, if in custody, may, by 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 or certificate delivered to him unless he completes the recogniz- ance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.