655972-1890-Ordinance-10-of-1890-assented-to — Page 61

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

FORM LXXXVII.

Magistrate's Certificate of refusal to state or amend case or

grant leave to appeal.-(Sec. 108.)

IN THE POLICE Court AT VICTORIA IN THE COLONY OF HONGKONG.

(Commence as in the last form down to the end of the first recital and then continue as follows :)

And whereas the defendant (or C.D.) being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law ( fact) hath applied to me pur- suant to section 99 (or section 104) of " The Magistrates Ordinance. 18 to state and sigu a case setting forth the facts and ground of such determination in order that he may appeal to the Supreme Court (or to grant leave of appeal to the Supreme Court); (and if so and whereas on the day of

18 I stated and signed a case accordingly but the defendant (or C.D.) is dissatisfied with the way in which I have so stated such case and has pursuant to section 101 of the said Ordinance duly applied to me to amend the same by (here state what amendment is desired.) Now I being of opinion that the application of the defendant (or C.D.) is merely frivolous have refused to state such case (or to grant such leave to appeal or now I having refused to amend such case) of which refusal the defendant (or C.D.) hath requested me to sign and deliver him a certificate: Now therefore I the said Magistrate pursuant to section 108 of the said Ordinance do hereby certify that I am of opinion that the application of the defendant (or C.D.) as aforesaid is merely frivolous and that I have refused to state a case accordingly in order that he may appeal therefrom to the Full Court (or that I have refused to grant leave to appeal to the Supreme Court or to amend such case).

Dated the

(Signed),

day of

A Magistrate, &c.

18

[Seal]

FORM LXXXVIII.

Case stated by a Mayistrate (Sec. 99.)

IN THE SUPREME COURT OF HONGKONG.

Appellate Jurisdiction.

Between A.B., Appellant,

C.D., Respondent.

and

This is a case stated by the undersigned, a Magistrate of the Colony of Hongkong under "The Magistrates Ordinance, 18 for the purpose of appeal to the Supreme Court on questions of law which arose before me as hercinafter stated:-

1. At the Police Court at Victoria in this Colony on the day of

an information (or a complaint), preferred by C.D. (hereinafter called the "Respondent "against A.B. (hereinafter called the Appellant) (or as the case may be), under section of the (state the Ordinance or Statute as the case may be) charg- ing, for that he the Appellant (&c., stating the offence or cause of complaint), was heard and determined by me, the said parties respectively being then present; and upon such hearing the Appel- lant was duly convicted before me of the said offence, and it was adjudged that he should pay (or, and upon such hearing the Appellant was by me ordered to pay) the Respondent the sum of (here state the adjudication of fine, sum or imprisonment and costs as in a conviction, or an order).

1

(Or, if dismissed and upon such hearing the said information (or complaint) was dismissed by me, and, [if so, the Appellant was ordered to pay to the Respondent the sum of for his costs incurred by him in his defence in that behalf, con- clude us in an Örder of Dismissul).

2. And whereas the Appellant, being dissatisfied with my deter- mination upon the hearing of the said information (er complaint). and alleging himself to be aggrieved by such determination as being erroneous in point of law hath pursuant to section 99 of "The Magis- trates Ordinance, 18 "duly applied to me in writing to state and sign a case setting forth the facts and the grounds of such deter- mination as aforesaid. in order that he may appeal to the Full Court, and hath duly entered into a recognisance as required by the said Ordinance in that behalf:

(If the case is stated in obedience to a rule under section 109 recite the refusal and the granting of such rule as follows. but I being of opinion that the application of the Appellant was merely frivolous, refused to state and sign such case, and at his request signed and delivered to him a certificate of such refusal: And whereas the Full Court has since granted a rule calling upon me to state such case);

3. Now, therefore I the said "Magistrate, in compliance with the said application (or in obedience to the said rule and order of the Full Court and the provisions of the said Ordinance (if more facts are introduced than proved and by consent of the said parties), do hereby state and sign the following case.

4. Upon the hearing of the information (or complaint) it was proved on the part of the (Respondent), and found as a fact, that (here state so much of the evidence given and of the facts as ure neces- sury to raise the point of law in question).