654835-1890-Bill-The-Magistrates-Ordinance — Page 5

110 THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Manner of making

complaint or laying information. (11 & 12 V.

c. 43, s. 10.)

Hearing

in open Court.

(11 & 12 V.

c. 43, s. 12.)

Non-appear-

ence of defendant, hearing in absence or adjoorumoni. on issue of warrant. (1 & 12 V. c. 43 6, 13.).

Non-appear- ance of com- plainant, &c. after adjourn

meut.

12. Every complaint and every information under this part of the Ordinance unless some particular Ordinance or Statute in force in the Colony shall otherwise require, may respectively be made or laid without any oath being made of the truth thereof; except in cases of informations where the Magistrate receiving the same shall thereupon issue his warrant in the first instance to apprehend the defendant as aforesaid, and in every such case where the Magistrate shall issue his warrant in the first instance, the matter of such information shall be substantiated by the oath of the informant, or by some witness or witnesses on his behalf, before any such warrant shall be issued; and every such cumplaint shall be for one matter or complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences; and every such complaint or information may be laid or made by the complainant or informant in person, or by his counsel or other person authorised in that behalf.

13. The room or place in which a Magistrate shall sit to hear and try any complaint or information shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently con- tain them; and the party against whom such complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct such complaint or information respectively, and to have the witnesses examined and cross- examined by counsel on his behalf.

14. If at the day and place appointed in and by the summons aforesaid for hearing and determining such com- plaint or information as aforesaid the defendant against whom the same shall have been made or laid shall not ap- pear when called, the constable or peace officer who shall have served him with the summons in that behalf shall then declare upon oath in what manner he served the said summons, and if it appear to the satisfaction of the Magis- trate that he duly served the said summons, such Magis- trate may in any case where he is empowered to make an order for the payment of money or otherwise proceed to hear and determine the case in the absence of such de- fendant, or the said Magistrate upon the non-appearance of such defendant as aforesaid, may, if he think fit, issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the said complaint or information until the said defendant shall be apprehended; and when such defendant shall afterwards be apprehended under such.. warrant he shall be brought before a Magistrate who shall thereupon, either by his warrant (XII.) commit such de- fendant to prison or to some other place of security, or, if he think fit, verbally to the custody of the constable or peace officer who shall have apprehended him, or to such other safe custody as he shall deem fit, and order the said defendant to be brought up at a certain time and place before a Magistrate, of which said order the complainant or informant shall have due notice; or if upon the day and at the place so appointed as aforesaid such defendant shall attend voluntarily in obedience to the summons in that behalf served upon him, or shall be brought before the Magistrate by virtue of any warrant, then, if the com- plainant or informant, having had such notice as aforesaid, do not appear by himself or his counsel the Magistrate shall dismiss such complaint or information unless for some reason he shall think proper to adjourn the hearing of the same unto some other day upon such terms as he shall think fit,. in which case he may commit the defendant in the mean- time to prison or some other place of security, or to such other custody as such Magistrate shall think fit, or may discharge him upon his entering into a recognisance (v.) with or without surety or sureties, at the discretion of such Magistrate conditioned for his appearance at the time and place to which such hearing shall be so adjourned; and if such defendant shall not afterwards appear at the time and place mentioned in such recognisance, the Magis- trate then present shall certify (vii) on the back of the recognisance the non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the appre- hension of the defendant; but if both parties appear cither personally or by their respective counsel before the Magis- trate who is to hear and determine such complaint or information, then the said Magistrate shall proceed to hear and determine the same.

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