1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 30

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

殆どい

i

No. 9 of 1899.

939

under fixed day's rsons who r for made re so t the > the Jary, the ffice pect ch ing tich lase jay ast he rt, of sts ed iff зе ie in t, such person appear at

102. If such person fails to appear at the next session of the Court in pursuance of his undertaking in that behalf, the Court may order that a writ of execution be issued from the Registrar's office against the surety or sureties of the person so bound as aforesaid, and such writ shall be delivered to the bailiff, who shall proceed as therein directed: Provided that the Court may, in its discretion, order the discharge of the whole or any part of the forfeited recognizance or of the sum of money paid or to be paid in lieu or satisfaction thereof.

Fines, Forfeitures, and Contempts.

against per-son fined by the Court.

103.-(1) The bailiff shall, without further warrant or authority, arrest any person upon whom any fine has been imposed by the Court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the Court, and he shall thereupon be detained in custody in a prison until the fine or forfeiture imposed on or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and detention: Provided that no such imprisonment (which shall be without hard labour) shall exceed 12 months in duration: Provided, also, that a Judge may at any time order the discharge of any such prisoner.

(2) The return of the bailiff, or of the keeper of the prison, to any writ of habeas corpus of an arrest or detainer under any judgment or order of the Court for non-payment of any fine or forfeiture imposed or incurred as aforesaid shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detainer was made.

(3) The Court or a Judge shall have power to reduce or remit any fine or forfeiture imposed by the Court, or incurred by any person in respect of the Court, at any time within 3 months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied.

Pardon.

the Court to

104. A Magistrate or the Court may, with the consent in writing of the Attorney General, order that a pardon be granted to any person accused or suspected of, or committed for trial for, any conditional pardon.

* As amended by No. 2 of 1912. As amended by No. 1 of 1912.

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CRIMINAL PROCEDURE. 殆どい i No. 9 of 1899. 939 under fixed day's rsons who r for made re so t the > the Jary, the ffice pect ch ing tich lase jay ast he rt, of sts ed iff зе ie in t, such person appear at 102. If such person fails to appear at the next session of the Court in pursuance of his undertaking in that behalf, the Court may order that a writ of execution be issued from the Registrar's office against the surety or sureties of the person so bound as aforesaid, and such writ shall be delivered to the bailiff, who shall proceed as therein directed: Provided that the Court may, in its discretion, order the discharge of the whole or any part of the forfeited recognizance or of the sum of money paid or to be paid in lieu or satisfaction thereof. Fines, Forfeitures, and Contempts. against per-son fined by the Court. 103.-(1) The bailiff shall, without further warrant or authority, arrest any person upon whom any fine has been imposed by the Court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the Court, and he shall thereupon be detained in custody in a prison until the fine or forfeiture imposed on or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and detention: Provided that no such imprisonment (which shall be without hard labour) shall exceed 12 months in duration: Provided, also, that a Judge may at any time order the discharge of any such prisoner. (2) The return of the bailiff, or of the keeper of the prison, to any writ of habeas corpus of an arrest or detainer under any judgment or order of the Court for non-payment of any fine or forfeiture imposed or incurred as aforesaid shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detainer was made. (3) The Court or a Judge shall have power to reduce or remit any fine or forfeiture imposed by the Court, or incurred by any person in respect of the Court, at any time within 3 months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied. Pardon. the Court to 104. A Magistrate or the Court may, with the consent in writing of the Attorney General, order that a pardon be granted to any person accused or suspected of, or committed for trial for, any conditional pardon. * As amended by No. 2 of 1912. As amended by No. 1 of 1912. + Page 30 Page 31
Baseline (Original)
CRIMINAL PROCEDURE. 殆どい i No. 9 of 1899. 939 under fixed day's rsons who r for made re so t the > the Jary, the ffice pect ch ing tich lase jay ast he rt, of sts ed iff зе ie in t, such person appear at 102. If such person fails to appear at the next session of the Failure of Court in pursuance of his undertaking in that behalf, the Court may when order that a writ of execution be issued from the Registrar's office released to against the surety or sureties of the person so bound as aforesaid, next session. and such writ shall be delivered to the bailiff, who shall proceed as therein directed: Provided that the Court may, in its discretion, order the discharge of the whole or any part of the forfeited recog nizance or of the sum of money paid or to be paid in lieu or satisfaction thereof. Fines, Forfeitures, and Contempts. against per- son fined by the Court. 103.-(1) The bailiff shall, without further warrant or authority, Proceedings arrest any person upon whom any fine has been imposed by the Court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the Court, and he shall thereupon be detained in custody in a prison until the fine or forfeiture imposed on or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and detention : Provided that no such imprisonment (which shall be without hard labour) shall exceed 12 months in duration: Provided, also, that a Judge may at any time order the discharge of any such prisoner. (2) The return of the bailiff, or of the keeper of the prison, to any writ of habeas corpus of an arrest or detainer under any judg- ment or order of the Court for non-payment of any fine or forfeiture imposed or incurred as aforesaid shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detainer was made. (3) The Court or a Judge shall have power to reduce or remit any fine or forfeiture imposed by the Court, or incurred by any person in respect of the Court, at any time within 3 months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied. Pardon. the Court to 104. A Magistrate or the Court may, with the consent in writing Power to of the Attorney General, order that a pardon be granted to any grant condi person accused or suspected of, or committed for trial for, any tional pardon. * As amended by No. 2 of 1912. As amended by No. 1 of 1912. + Page 30Page 31
2026-05-03 02:20:08 · Baseline
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CRIMINAL PROCEDURE.

殆どい

i

No. 9 of 1899.

939

under fixed

day's

rsons

who

r for

made

re so

t the > the

Jary, the

ffice

pect

ch

ing

tich

lase

jay

ast

he

rt,

of

sts

ed

iff

зе

ie

in

t,

such person

appear at

102. If such person fails to appear at the next session of the Failure of Court in pursuance of his undertaking in that behalf, the Court may when order that a writ of execution be issued from the Registrar's office released to against the surety or sureties of the person so bound as aforesaid, next session. and such writ shall be delivered to the bailiff, who shall proceed as therein directed: Provided that the Court may, in its discretion, order the discharge of the whole or any part of the forfeited recog nizance or of the sum of money paid or to be paid in lieu or satisfaction thereof.

Fines, Forfeitures, and Contempts.

against per- son fined by the Court.

103.-(1) The bailiff shall, without further warrant or authority, Proceedings arrest any person upon whom any fine has been imposed by the Court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the Court, and he shall thereupon be detained in custody in a prison until the fine or forfeiture imposed on or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and detention : Provided that no such imprisonment (which shall be without hard labour) shall exceed 12 months in duration: Provided, also, that a Judge may at any time order the discharge of any such prisoner.

(2) The return of the bailiff, or of the keeper of the prison, to any writ of habeas corpus of an arrest or detainer under any judg- ment or order of the Court for non-payment of any fine or forfeiture imposed or incurred as aforesaid shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detainer was made.

(3) The Court or a Judge shall have power to reduce or remit any fine or forfeiture imposed by the Court, or incurred by any person in respect of the Court, at any time within 3 months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied.

Pardon.

the Court to

104. A Magistrate or the Court may, with the consent in writing Power to of the Attorney General, order that a pardon be granted to any grant condi person accused or suspected of, or committed for trial for, any tional pardon.

* As amended by No. 2 of 1912. As amended by No. 1 of 1912.

+

Page 30Page 31

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