682
I to cost ride § 18
Form No. 5;
Form No. 7.
Proceedings at hearing. 11 & 12 Viet, c. 43 s. 14:
18 & 19 Vict. c. 126 s. 4.
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1890.
he thinks fit, verbally to the custody of the constable or officer who has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a certain time and place before a Magistrate, of which said order the complainant or informant shall have due notice.
(2.) If, at the time and place so appointed as aforesaid, the defendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before the Magistrate by virtue of any warrant, then, if the complainant or informant, having had such notice as aforesaid, does not appear by himself or his counsel, the Magistrate shall dismiss the complaint or information, unless for some reason he thinks proper to adjourn the hearing of the same unto some other day, on such terms as he may think fit, in which case he may commit the defendant in the meantime to prison or some other place of security or to such other custody as the Magistrate may think fit, or may discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the Magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned.
(3.) If the defendant does not afterwards appear at the time and place mentioned in the recognizance, the Magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the apprehension of the defendant.
(4.) If both parties appear, either personally or by their respective counsel, before the Magistrate who is to hear and determine the complaint or information, then the Magistrate shall proceed to hear and determine the same.
15.-(1.) Where the defendant is present at the hearing, the substance of the complaint or information shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him, as the case may be, and if he thereupon admits the truth of the complaint or information and shows no cause or no sufficient cause why he should not be convicted or why an order should not be made against him, as the case may be, then the Magistrate shall convict him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the Magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence, and also to hear and examine such other witnesses as the complainant or informant may examine in reply, if the defendant or his counsel has examined any witnesses or given any evidence other than as to the defendant's general character.
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682
I to cost ride § 18
Form No. 5;
Form No. 7.
Proceedings at bearing. 11 & 12 Viet, c. 43 s. 14:
18 & 19 Vict. c. 126 s. 4.
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1890.
he thinks fit, verbally to the custody of the constable or officer who has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a certain time and place before a Magistrate, of which said order the complainant or informant shall
have due notice.
(2.) If, at the time and place so appointed as aforesaid, the de- fendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before the Magistrate by virtue of any warrant, then, if the complainant or informant, having had such notice as aforesaid, does not appear by himself or his counsel, the Magistrate shall dismiss the complaint or information, unless for some reason he thinks proper to adjourn the hearing of the same unto some other day, on such terms as he may think fit, in which case he may commit the de- fendant in the meantime to prison or some other place of security or to such other custody as the Magistrate may think fit, or may discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the Magistrate, conditioned for his appear- ance at the time and place to which the hearing is so adjourned,
(3.) If the defendant does not afterwards appear at the time and place mentioned in the recognizance, the Magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the apprehension of the defendant.
(4.) If both parties appear, either personally or by their respective counsel, before the Magistrate who is to hear and determine the complaint or information, then the Magistrate shall proceed to hear and determine the same.
15.-(1.) Where the defendant is present at the hearing, the sub- stance of the complaint or information shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted ́or why an order should not be made against him, as the case may be, and if he thereupon admits the truth of the complaint or information and shows no cause or no sufficient cause why he should not he convicted or - why an order should not be made against him, as the case may be, then the Magistrate shall convict him or make an order against him accord- ingly; but if he does not admit the truth of the complaint or information as aforesaid, then the Magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in sup- port of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence, and also to hear and ex- amine such other witnesses as the complainant or informant may examine in reply, if the defendant or his counsel has examined any witnesses or given any evidence other than as to the defendant's general character
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