610583-1928-Supplementary-Bills-read-a-first-time--Larceny-Amendment-Magistrates-Amendment-Carriage-of-Goods-by-Sea-United-Kingdom-Designs-Protection--Public-Health-and-Buildings-Amendment-Pharmacy-and-poisons-Amendment — Page 3

C.8.0.

946

[No. 25---12.12.28.--4.]

A BILL

INTITULED

Short title.

Repeal of

Ordinance

An Ordinance to amend the Magistrates Ordi-

nance, 1890.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Magistrates Amendment Ordinance, 1928.

2. Section 96 of the Magistrates Ordinance, 1890, No. 3 of 1890, which was enacted by section 13 of the Magistrates Amendment Ordinance, 1927, is repealed and the following section is substituted therefor :-

s. 96, and

substitution

of new

section 96 for that enacted by Ordinance No. 23 of 1927, s. 13.

Review of decision by magistrate.

*

96.-(1) Within seven clear days after the determination in any manner by a magistrate of any matter which he bas power to determine in a sum- mary way it shall be lawful for either party thereto to apply to the magistrate to review his decision in the matter.

(2) Any such application may be made by the party himself in person, or may be made by his counsel in open ́ court whether the party himself be present or not.

(3) If either party to the said matter is in the custody of the Superinten- dent of Prisons, the magistrate shall, unless he dismisses the appli- cation forthwith, inform the Super- intendent of Prisons in writing that an application for a review has been made, and thereafter the Superin- tendent of Prisons shall produce the said party whenever so required in writing by a magistrate for the purposes of the review or of the application therefor.

(4) It shall be lawful for the magistrate to grant the application for a review at any time provided that the appli- cation for the review shall have been duly made in accordance with the provisions of sub-sections (1) and (2).

(5) It shall also be lawful for a magis- trate on his own initiative, within seven clear days after the determi- nation in any manner of any matter which he has power to determine in a summary way, to re-open the case, and thereafter, whether within the said period of seven clear days or after its expiration, to review his decision in the matter.