654835-1890-Bill-The-Magistrates-Ordinance — Page 19

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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Adjudications,

&c. under Pawnbrokers

Ordinance

to be enfreed

summarily, (See No. 3 of 1860, 6. 22.)

Procedure

on informa❤

tion being laid.

(11 & 12 V. c. 42, s. 1.)

Warrant to apprehend for offences committed on the High Seas.

(11 & 12 Y. č. 42, F. 2, and see No, 3 of 1865, 8. 8.)

Warrant to apprehend where information is filed by the Attorney Gencral and

the accused is

at large.

(11 & 12 V.

c. 43, s. 3.)

him; the Magistrate may also order the fine or any part thereof to be paid to the complainant or prosecutor in or towards the payment of his costs.

61. All adjudications and certificates under Ordinance No. 3 of 1860 entitled An Ordinance for amending and consolidating the Law respecting Pawnbrokers shall be held determined and granted by a Magistrate and enforced according to the provisions of this or any amending Ordi- nance relating to summary proceedings.

PART IV.

Indictable Offences.

62. In all cases where a charge or complaint shall be made to a Magistrate that any person has committed or is suspected to have committed any treason, felony or indict- able misdemeanour or other indictable offence over which such Magistrate has jurisdiction, then if the accused sball not then be in custody, it shall be lawful for such Magis- trate to issue his warrant (111.) to apprehend the accused and to cause him to be brought before a Magistrate to an- swer to such charge or complaint and to be further dealt with according to law: but in all cases it shall be lawful for the Magistrate to whom such charge or complaint shall be preferred, if he shall so think fit, instead of issuing his warrant, in the first instance to apprehend the accused, to issue his summons (1.) directed to the accused requiring him to appear before a Magistrate at a time and place to be therein mentioned; and if after being served with such summons in manner hereinafter mentioned he shall fail to appear at such time and place in obedience to such summons, then and in every such case either Magistrate may issue his warrant (11.) to apprehend the accused and cause him to be brought before a Magistrate to answer to the said charge or complaint and to be further dealt with according to law but nothing in this section contained shall prevent a Magistrate from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in such summons for the appearance of the accused.

63. In all cases of felony or misdemeanour committed on the High Seas or in foreign Parts or in any creek, har- bour, haven or other place within the jurisdiction of the Admiralty for which an information may be preferred by the Attorney General of the Colony, it shall be lawful for either Magistrate, if the accused shall reside or be or shall be supposed to reside or be within the Colony or the waters thereof to issue his warrant to apprehend the accused and to cause him to be brought before one of the Magistrates to answer to the charge and to be further dealt with ac- cording to law.

64. Where any information is filed by the Attorney General against any person who shall then be at large and whether such person shall have been bound by recognisance to appear to answer to the same or not, the Registrar upon application of the prosecutor or of any person on his behalf and on payment of a fee of twenty-five cents (if the person against whom an information has been filed shall not have already appeared and pleaded to such information) shall grant to him a certificate of such information having been filed; and upon production of such certificate to a Magis- trate it shall be lawful for him and he is hereby required to issue his warrant (111.) to apprehend the accused and to cause him to be brought before him to be dealt with according to law and afterwards if such person be ap- prehended and brought before a Magistrate such Magis- trate upon its being proved on oath before him that the person so apprehended is the same person who is charged and named in such information shall without further enquiry or examination commit him for trial or admit him to bail in manner hereinafter mentioned: and if such person against whom an information is so filed by the Attorney General as aforesaid shall be confined in prison for any other offence than that charged in the in- formation at the time of such application and production of the said certificate to. a Magistrate, it shall be lawful for such Magistrate and he is hereby required upon its being proved before him on oath that the accused and the person so confined in prison are the same person to issue his warrant directed to the Superintendent of the prison commanding him to detain the accused in his custody until by a writ of Habeas corpus he shall be re- moved therefrom for the purpose of being tried upon the information of the Attorney General or until he shall