1901_MAGISTRATES_ORDINANCE__1890 — Page 103

HK Historical Laws 香港歷史法例 All AI Reviewed

778

Section 107.

No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.

FORM No. 87.

Magistrate's Certificate of Refusal to state or amend Case or to grant Leave to appeal.

HONGKONG.

IN THE POLICE COURT AT

[Commence as in the last Form down to the end of the first recital and then continue as follows:]

and whereas the defendant [or A.B.], being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 93 [or section 103] of the Magistrates Ordinance, 1890, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas, on the day of , I stated and signed a case accordingly, but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 100 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 A.B.] 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 A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly for that I have refused to grant such leave to appeal or to amend such case].

Dated this day of .

Section 98.

[1..8.]

(Signed.)

Magistrate.

FORM No. 88.

Case stated by a Magistrate.

IN THE SUPREME COURT OF Hongkong.

APPELLATE JURISDICTION.

Between A.B., Appellant,

and

C.D., Respondent.

This is a case stated by the undersigned, a Magistrate of the Colony of

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778 Section 107. No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890. FORM No. 87. Magistrate's Certificate of Refusal to state or amend Case or to grant Leave to appeal. HONGKONG. IN THE POLICE COURT AT [Commence as in the last Form down to the end of the first recital and then continue as follows:] and whereas the defendant [or A.B.], being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 93 [or section 103] of the Magistrates Ordinance, 1890, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas, on the day of , I stated and signed a case accordingly, but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 100 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 A.B.] 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 A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly for that I have refused to grant such leave to appeal or to amend such case]. Dated this day of . Section 98. [1..8.] (Signed.) Magistrate. FORM No. 88. Case stated by a Magistrate. IN THE SUPREME COURT OF Hongkong. APPELLATE JURISDICTION. Between A.B., Appellant, and C.D., Respondent. This is a case stated by the undersigned, a Magistrate of the Colony of
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778 Section 107. No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890. FORM No. 87. Magistrate's Certificate of Refusal to state or amend Case or to grant Leave to appeal. HONGKONG. IN THE POLICE COURT AT [Commence as in the last Form down to the end of the first recital and then continue as follows:] ? and whereas the defendant [or A.B.], being dissatisfied with the said deter- mination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 93 [ør section 103] of the Magistrates Ordinance, 1890, to state and sign a caso setting forth the facts and ground of such determination in order that he may appeal there- from to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas, on the day of 1 I stated and signed a case accordingly, but the defendant [ør A.B.] is dissatisfied with the way in which I have so stated such case and has, pur- suant to section 100 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now 1, being of opinion that the application of the defendant [or 4.B.] 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 [er 4.B.] has requested me to sign and deliver to him a cortificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [ør 4.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly for that I have refused to grant such leave to appeal or to amend such case]. Dated this day of Section 98, [1..8.] ? (Signed.) Magistrate. FORM No. 88. Case stated by a Magistrate. IN THE SUPREME COURT OF Hongkong. APPELLATE JURISDICTION, Between A.B., Appellant, and C.D., Respondent. This is a case stated by the undersigned, a Magistrate of the Colony of :
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778

Section 107.

No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.

FORM No. 87.

Magistrate's Certificate of Refusal to state or amend Case or to grant Leave to appeal.

HONGKONG.

IN THE POLICE COURT AT

[Commence as in the last Form down to the end of the first recital and then continue as follows:]

?

and whereas the defendant [or A.B.], being dissatisfied with the said deter- mination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 93 [ør section 103] of the Magistrates Ordinance, 1890, to state and sign a caso setting forth the facts and ground of such determination in order that he may appeal there- from to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, and whereas, on the

day of 1 I stated and signed a case accordingly, but the defendant [ør A.B.] is dissatisfied with the way in which I have so stated such case and has, pur- suant to section 100 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now 1, being of opinion that the application of the defendant [or 4.B.] 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 [er 4.B.] has requested me to sign and deliver to him a cortificate: Now therefore I, the said Magistrate, pursuant to section 107 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [ør 4.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly for that I have refused to grant such leave to appeal or to amend such case].

Dated this

day of

Section 98,

[1..8.]

?

(Signed.)

Magistrate.

FORM No. 88.

Case stated by a Magistrate.

IN THE SUPREME COURT OF Hongkong.

APPELLATE JURISDICTION,

Between A.B., Appellant,

and

C.D., Respondent.

This is a case stated by the undersigned, a Magistrate of the Colony of

:

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