1901_MAGISTRATES_ORDINANCE__1890 — Page 29

vs.

704

Information to lead war- rant in first

instance to be in writing and upon oath.

11 & 12 Pet. c. 42 s. 8.

Service of

summonses. Ib. s. 9.

$17

Form, etc., of warrants. 7b. s. 10.

Warrant to apprehend and search issuable on Sunday, etc. 31 & 22 Fiet.

c. 42 s. 4. Summons or warrant for witness, etc. 11 & 12 Fiet. c. 42 s. 16.

First Sche- dule: Form No. 11.

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

65. In every case where a charge or complaint for any indictable offence is made before a Magistrate, if it is intended to issue a warrant in the first instance against the accused, an information and complaint thereof in writing upon the oath of the informant or of some witness or wit- nesses in that behalf shall be laid before the Magistrate: Provided al- ways that in

every case where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that such in- formation and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or sub- stantiate the same: Provided, also, that no objection shall be taken or allowed to any information or complaint 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 prosecution before the Magistrate who takes the examination of the witnesses in that behalf as hereinafter mentioned.

66. The provisions with reference to summonses hereinbefore contain- ed in Part II in relation to offences punishable on summary conviction shall apply equally mutalis mutandis to summonses under this Part.

any

67. The provisions with reference to the form of warrants, the direc- tions to be contained therein, and the execution thereof hereinbefore con- tained in Part II in relation to offences punishable on summary convic- tion shall apply equally mutatis mutandis to warrants under this Part.

68. A warrant to apprehend any person charged with an indictable offence and a search warrant in respect of similar offence may be granted, issued, and executed on Sunday or any day declared by law to be a dies non as well as any other day, and at any hour by day or night. 69.--(1.) If it is made to appear to a Magistrate, by the oath of any credible witness, that any person is likely to give material evidence on the part of the prosecution and will not voluntarily appear at the time and place appointed for the examination of the witnesses against the accused, the Magistrate may enforce the attendance of such witness in the manner hereinbefore provided in Part II for the enforcing the at- tendance of a witness under the summary jurisdiction of such Magistrate.

(2.) If, on the appearance of such witness, he refuses to be examined upon oath concerning the matter of the information or complaint, or refuses to take such oath, or, having taken such oath, refuses to answer such questions concerning the premises as may then be put to him, the Magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for any term not exceed- ing two months, unless he shall in the meantime consent to be examined and to answer concerning the premises.

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