654835-1890-Bill-The-Magistrates-Ordinance — Page 6

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

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15. Where the defendant shall be present at the hearing, the substance of the complaint or information shall be stated to him and he shall be asked if he have any cause to show why he should not be convicted, or why an order should not be made against him as the case may be and if he thereupon admit the truth of such complaint or information and show no cause or no sufficient cause why he should not be convicted, or why an order should not be made against him as the case may be then the Magistrate present at the hearing shall convict him or make an order against him accordingly; but if he do not admit the truth of such complaint or information as aforesaid, then the Magistrate shall proceed to hear upon oath the com- plainant or prosecutor, and such witnesses as may be pro- duced in support of the complaint or information and also to hear the defendant and such evidence as may be adduced in defence and also to hear and examine such other witnesses as the complainant or prosecutor may examine in reply if the defendant or his counsel shall have examined any witnesses or given any evidence other than as to the defendant's general character; and the Magistrate having heard what each party shall have to say as afore- said and the witnesses and evidence so adduced shall con- sider the whole matter and determine the same and shall convict or make an order on the defendant or dismiss the complaint or information as the case may be (xxv.); and if he convict the defendant or make an order against him a minute or memorandum thereof shall then be made for which no fee shall be paid, and the conviction or order shall afterwards be drawn up by the said Magistrate in proper form under his hand and seal, and he shall cause the same to be lodged with the Magistrate's clerk, who shall register the same as hereinafter provided; or if the said Magistrate shall dismiss such complaint or informa- tion it shall be lawful for such Magistrate if he shall think fit upon being required so to do to make an order of dis- missal of such complaint or information and shall give the defendant in that behalf a certificate thereof (XXXIX.) which said certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party.

16. (1.) Before the hearing of any complaint or any information as aforesaid it shall be lawful for either Magistrate in his discretion to adjourn the hearing of the same to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, or their respective counsel, and in the meantime the Magis- trate granting and making such adjournment may suffer the defendant to go at large, or may commit (IV.) him to prison or some other place of security or to such other safe custody as the said Magistrate shall think fit, or may dis- charge such defendant upon his entering into a recog- nisance (v.) with or without surety or sureties, at the discretion of such Magistrate conditioned for his appear- ance at the time and place to which such hearing or further hearing shall be adjourned: Provided always, that in all cases where a defendant shall be discharged on re- cognisance as aforesaid, and shall not afterwards appear at the time and place mentioned in such recognisance, the Magistrate 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 forthwith issue his warrant to appre- hend the defendant.

(2.) If at the time and place to which such hearing or further hearing shall be so adjourned the complainant or prosecutor shall not appear personally or by counsel the Magistrate then present may dismiss such complaint or information with or without costs as to such Magistrate shall seem fit, and if at the time and place aforesaid the defend- ant shall not appear personally or by counsel the Magis- trate may issue his warrant for the defendant's apprehen- sion and may adjourn the proceedings for such time as he thinks requisite.

General Provisions.

17. If it shall be made to appear to a Magistrate by the oath of any credible person, that any person within the Colony is likely to give material evidence on behalf of the complainant or prosecutor or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such complaint or information as aforesaid such Magistrate

Proceedings at the hearing, (11 & 12 V.

c. 43, s. 14. 18 & 19 V. c. 126,

6. 4.)

Adjournment of the hearing (11 & 12 V. e. 43, s. 16.)

Power to

Magistrate tɔ Summon witnesses to attend and give evidence. (I1 & 12 V. c. 43, s. 7.)

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