655972-1890-Ordinance-10-of-1890-assented-to — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

Non-appear-

snce of com-

plainant, &c. After adjourn-

ment.

Proceedings

at the hearing.

(11 & 12 V.

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

D. 4.

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 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 nou-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 either 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.

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 information it shall be lawful for such Magistrate if he shall think fit

upon being required so to do to make an order of dismissal 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.

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