716
Power to the
Full Court to send back case for amend-
ment.
20 & 21 Vict.
c. 43 s. 7.
Application for leave to appeal by way of re-hearing
First Schedule:
Form No. 86.
Filing of motion in the
Full Court.
Procedure on re-hear-
ing.
Giving of security by
appellant and
fees.
First Schedule:
Form No. 89;
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
ed always that the party setting down the case for argument shall give to the opposite party four clear days' notice of the day appointed there-
for.
102. The Full Court shall have power, if it thinks fit, to cause the case stated for its opinion to be sent back to the Magistrate for amend-ment, and thereupon the same shall be amended accordingly, and judg-ment shall be delivered after the same has been amended.
Appeal on Question of Fact.
103. Within seven clear days after the hearing and determination by a Magistrate of any complaint, information, charge, or other proceeding which he has power to determine in a summary way by any law now or hereafter to be in force in the Colony, either party thereto or any person aggrieved thereby who desires to question any conviction, order, determ-ination, or other proceeding as aforesaid on the ground that it is erron-eous in point of fact may apply to the Magistrate for leave to appeal to the Full Court, by way of a re-hearing, and, if such leave is granted, the Magistrate's Clerk shall, subject to the provisions of section 106, deliver to the appellant a certificate to that effect, and shall forward the original depositions in the case to the Registrar, or, if the party or person desir-ing to appeal consents thereto, the Magistrate may order the case to be re-heard before him.
104. Within ten days after the receipt of such certificate, the appel-lant shall file the same with the Registrar, together with a motion for a re-hearing before the Full Court, setting forth shortly the grounds there-for, and such motion shall be served on the respondent, and the Full Court, on the hearing thereof, may dismiss the appeal, with or without costs, or may grant a re-hearing, subject to such terms as to costs or otherwise as it may think fit.
105. On such re-hearing, unless the Full Court otherwise orders, the case shall be heard and the evidence taken de novo, and the Full Court may, in its discretion, allow fresh evidence to be given on such re-hear-ing: Provided that in a case where the evidence is taken de novo, if it is proved that a witness who was examined before the Magistrate is dead or unable to be present on such re-hearing, the Court may, in its discre-tion, admit the deposition of such witness signed by the Magistrate, sav-ing all just exceptions.
Appeals generally.
106.---(1.) The appellant, before a case is stated or a certificate of leave to appeal is delivered to him, shall enter into a recognizance be-fore a Magistrate, with or without sureties and in such sum as to the Magistrate may seem meet, conditioned to prosecute the appeal without
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1
716
Power to the
Full Court to send back case for amend-
ment.
20 & 21 Vict.
c. 43 s. 7.
Application for leave to appeal by way of re-hearing
First Sche- dule:
Form No. 86.
Filing of motion in the
Full Court.
Procedure on re-hear-
ing.
Giving of security by
appellant and
fees.
First Sche. dule:
Form No. 89;
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
ed always that the party setting down the case for argument shall give to the opposite party four clear days' notice of the day appointed there-
for.
102. The Full Court shall have power, if it thinks fit, to cause the case stated for its opinion to be sent back to the Magistrate for amend- ment, and thereupon the same shall be amended accordingly, and judg- ment shall be delivered after the same has been amended.
Appeal on Question of Fact.
103. Within seven clear days after the hearing and determination by a Magistrate of any complaint, information, charge, or other proceeding which he has power to determine in a summary way by any law now or hereafter to be in force in the Colony, either party thereto or any person aggrieved thereby who desires to question any conviction, order, determ- ination, or other proceeding as aforesaid on the ground that it is erron- eous in point of fact may apply to the Magistrate for leave to appeal to the Full Court, by way of a re-hearing, and, if such leave is granted, the Magistrate's Clerk shall, subject to the provisions of section 106, deliver to the appellant a certificate to that effect, and shall forward the original depositions in the case to the Registrar, or, if the party or person desir- ing to appeal consents thereto, the Magistrate may order the case to be re-heard before him.
104. Within ten days after the receipt of such certificate, the appel- lant shall file the same with the Registrar, together with a motion for a re-hearing before the Full Court, setting forth shortly the grounds there- for, and such motion shall be served on the respondent, and the Full Court, on the hearing thereof, may dismiss the appeal, with or without costs, or may grant a re-hearing, subject to such terms as to costs or otherwise as it may think fit.
105. On such re-hearing, unless the Full Court otherwise orders, the case shall be heard and the evidence taken de novo, and the Full Court may, in its discretion, allow fresh evidence to be given on such re-hear- ing: Provided that in a case where the evidence is taken de novo, if it is proved that a witness who was examined before the Magistrate is dead or unable to be present on such re-hearing, the Court may, in its discre- tion, admit the deposition of such witness signed by the Magistrate, sav- ing all just exceptions.
Appeals generally.
106.---(1.) The appellant, before a case is stated or a certificate of leave to appeal is delivered to him, shall enter into a recognizance be- fore a Magistrate, with or without sureties and in such sum as to the Magistrate may seem meet, conditioned to prosecute the appeal without
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