654835-1890-Bill-The-Magistrates-Ordinance — Page 23

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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Part V. not to affect Ordi-

nance No. 19 of 1589.

Indictable offences when

to be dealt with summarily. (No. 16 of 1875, 6, 5.)

Procedure as

to indictable offences triable summarily. (42 & 43 V.

£. 49, s. 27.).

One Magla-

trate may

issue summons &c., though hearing before two Magistrates, (11 & 12 V, c. 43, 8, 29.)

PART V.

Indictable Offences triable Summarily.

79. Nothing in this part of this Ordinance shall affect the powers conferred upon Magistrates by The Protection of Women and Girls Ordinance, 1889.

80. Whenever any person is accused before a Magistrate of any indictable offence except the offences specified in the 4th Schedule hereto, such Magistrate instead of committing the accused for trial before the Court, may deal with the case and convict the accused summarily (LXXXIII.) and upon conviction may sentence the accused to be imprisoned for any term not exceeding six months with or without hard labour or to pay a fine not exceeding fifty dollars or to be imprisoned with or without hard labour and to pay a fine for any term and amount not exceeding respectively six months and fifty dollars.

Such Magistrate may also direct that the accused be kept in solitary confinement for any portion of his term of imprisonment not exceeding fourteen days at any one time and not exceeding one month in the whole.

Such Magistrate may nevertheless if he think fit commit any such accused for trial before the Court.

Provided always, that nothing in this section contained shall affect the provisions of section 83.

81. Where an indictable offence is triable summarily: (1.) The procedure shall, until the Magistrate or Ma- gistrates assume the power to deal with such offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the Magistrate or Magistrates assume the power to deal with such offence summarily, the pro- cedure shall be the same from and after that period as if the offence were an offence punish- able on summary conviction and not on informa- tion, and the provisions of this Ordinance re- lating to offences punishable on summary con- viction shall apply accordingly; and

(2.) The evidence of any witness taken before the Magistrate or Magistrates shall have assumed the said power, need not be taken again, but every such witness shall, if the defendant so require it, be recalled for the purpose of cross- examination; and

(3.) The conviction (LXXXIII.) for any such offence shall be of the same effect as a conviction for the offence on information before the Court, and the Magistrate or Magistrates may make the like order for the restitution of property (XXXVIII.) as might have been made by the Court before whom the person convicted would have been tried if he had been tried on information, and (4.) The order of dismissal (LXXXIV.) shall be filed by the Magistrate's clerk in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused.

82. In all proceedings before two Magistrates sitting together upon any information and complaint as aforesaid it shall be lawful for one Magistrate to receive such inform- ation and complaint, and to grant a summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hear- ing, even in cases where by the Ordinance or Statute in that behalf such information and complaint must be heard and determined by two Magistrates sitting together, and after the case shall have been so heard and determined one Magistrate may issue all warrants of distress or commit- ment thereon: Provided always, that in all cases where any such complaint or information is heard and determined by two Magistrates, or a conviction or order is made by two Magistrates, such Magistrates must be present and acting together during the whole of the hearing and deter- mination of the case.

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