only
in
680
Issue of war- rant in case of disobedi- ence of sum- mons or in
first instance, etc.
First Sche- dule:
Form No. 2:
Form No. 3.
An information
Manner of making
complaint or laying
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable or other officer who serves the same in manner aforesaid shall attend at the time and place before the Magistrate mentioned in the summons to depose, if necessary, to the service of the summons: Pro- vided always that nothing herein contained shall oblige a Magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the Police or charged on the charge sheet.
11.-(1.) If the person so served with a summons as aforesaid does not appear before the Magistrate at the time and place mentioned in the summons, and it is made to appear to the Magistrate, by oath, that the summons was so served within what is deemed by the Magistrate to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for the Magistrate, if he thinks fit, on oath being made before him substantiating the matter of the complaint or in- formation to his satisfaction, to issue his warrant to apprehend the person so summoned, and to bring such person before him or another Magistrate to answer to the said complaint or information, and to be further dealt with according to law; or, on such information being laid as aforesaid, the Magistrate before whom the information has been laid may, if he thinks fit, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant for apprehending the person against whom the information has been laid, and for bringing him before a Magistrate to answer to the said information, and to be further dealt with according to law.
(2.) In any case where a Magistrate is empowered to make an order for the payment of money or otherwise where a summons is so issued as aforesaid, if, on the day and at the place appointed in and by the sum- mons for the appearance of the party so summoned, such party fails to appear accordingly in obedience to the summons, then and in every such case, if it is proved upon oath to a Magistrate that the summons was duly served on such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for the Magistrate to proceed ex parte to the hearing of the complaint or in- formation, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him in obedience to the summons.
12.--(1.) Every complaint and every information under this Part, unless some particular Ordinance or statute in force in the Colony other- wise requires, may respectively be made or laid without any oath being
Page 5
Page 6
only
in
680
Issue of war- rant in case of disobedi- ence of sum- mons or in
first instance, etc.
First Sche- dule:
Form No. 2:
Form No. 3.
An information
Manner of making
complaint or laying
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable or other officer who serves the same in manner aforesaid shall attend at the time and place before the Magistrate mentioned in the summons to depose, if necessary, to the service of the summons: Pro- vided always that nothing herein contained shall oblige a Magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the Police or charged on the charge sheet.
11.-(1.) If the person so served with a summons as aforesaid does not appear before the Magistrate at the time and place mentioned in the summons, and it is made to appear to the Magistrate, by oath, that the summons was so served within what is deemed by the Magistrate to he a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for the Magistrate, if he thinks fit, on oath being made before him substantiating the matter of the complaint or in- - formation to his satisfaction, to issue his warrant to apprehend the person so summoned, and to bring such person before him or another Magistrate to answer to the said complaint or information, and to be further dealt.. with according to law; or, on such information being laid as aforesaid, the Magistrate before whom the information has been laid may, if he thinks fit, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant for apprehending the person against whom the information has been laid, and for bringing him before a Magistrate to answer to the said information, and to be further dealt with according to law.
(2.) In any case where a Magistrate is empowered to make an order for the payment of money or otherwise where a summons is so issued as aforesaid, if, on the day and at the place appointed in and by the sum- mons for the appearance of the party so summoned, such party fails to appear accordingly in obedience to the summons, then and in every such case, if it is proved upon oath to a Magistrate that the summons was duly served on such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for the Magistrate to proceed ex parte to the hearing of the complaint or in- formation, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him in obedience to the summons.
12.--(1.) Every complaint and every information under this Part, unless some particular Ordinance or statute in force in the Colony other- wise requires, may respectively he made or laid without any oath being
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