655972-1890-Ordinance-10-of-1890-assented-to — Page 8

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

shall appear to the Magistrate to be such that the party so summoned and appearing has been thereby deceived or misled it shall be lawful for such Magistrate upon such terms as he shall think fit to adjourn the hearing of the case to some future day.

23. In all cases of conviction where no particular form of such conviction is or shall be given by the Ordinance or Statute creating the offence or regulating the prosecu- tion for the same, and in all cases of conviction upon past Ordinances or Statutes whether any particular form of con- viction have been therein given or not, it shall be lawful for the Magistrate who shall so convict to draw up his conviction in such one of the forms of convictions in the 2nd Schedule hereto as shall be applicable to such case or to the like effect (XIV. to XXI.); and where an order shall be made, and no particular form of order is or shall be given by the Ordinance or Statute giving authority to make such order, and in all cases of orders to be made under the authority of any past Ordinances or Statutes, whether any particular form of order shall therein be given or not, it shall be lawful for the Magistrate by whom such order is to be made to draw up the same in such one of the forms of orders in the 2nd Schedule hereto as may be applicable to such case, or to the like effect (xxii. to XXXII.).

24. In a proceeding before a Magistrate without pre- judice to any other mode of proof, service on a person of any summons, notice, process, or document required or authorised to be served, and the handwriting and seal of a Magistrate or other officer or person on any warrant, summons, notice, process, or document, may be proved by a solemn declaration (XXXVI., XXXVII.) taken before a Justice of the Peace and any declaration purporting to be so taken shall, until the contrary is shown, be sufficient proof of the statements contained therein, and shall be received in evidence in any Court or legal proceeding, without proof of the signature or of the official character of the person or persons taking or signing the same.

If any declaration made under this section is untrue in any material particular, the person wilfully making such false declaration shall be guilty of wilful and corrupt perjury.

25. Every warrant to apprehend a defendant that he may answer to any such complaint or information as afore- said, shall be under the hand and seal of the Magistrate issuing the same, and may be directed either to any con- stable or peace officer by uame or generally to all the con- stables within the Colony and it shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to apprehend the defendant and to bring him before a Magistrate to answer to the said complaint or informa- tion, and to be further dealt with according to law; and It shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in all cases where such warrant shall be directed to all constables or peace officers within the Colony it shall be lawful for any constable or other peace officer to execute such warraut in like manner as if such warrant were directed specially to such constable or other peace officer by name, and notwithstanding that the place in which such warrant shall be executed shall not be within the place for which he shall be such con- stable or other peace officer: Provided always, that no objection shall be taken or allowed to any such warrant to apprehend a defendant so issued upon any such complaint or information as aforesaid under or by virtue of this Ordi- nance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced, on the part of the complainant or informant : but if any such variance shall appear to the Magistrate at the hearing to be such that the party so apprehended under such warrant has been thereby deceived or misled, it shall be lawful for such Magistrate upon such terms as he shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as such Magistrate shall think fit, or to discharge him upon

Form of convictions and ordura (11 & 12 V. c. 43, s. 17.)

Proof by declaration

of service of process, and of handwrit- ing, &c. (42 & 43 V. c. 49, 8. 41.)

Form of warrant.

(11 & 12 V. c. 43, s. 3.)

Execution of warraul.

No objection for want of form or varianes between it and evidence.

Adjournment upon terms if defendant deceived.

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