1912_MAGISTRATES_ORDINANCE__1890 — Page 32

HK Historical Laws 香港歷史法例 All AI Reviewed

516

Service of summonses.

[11 & 12 Vict. c. 42 s. 9.]

Form, etc., of warrants. [ib. s. 10.]

Warrant to apprehend and search No. 3 of 1890.

MAGISTRATES

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 contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part.

67. The provisions with reference to the form of warrants, the directions to be contained therein, and the execution thereof contained in Part II in relation to offences punishable on summary conviction 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 any 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.

issuable on Sunday, etc. [21 & 22 Vict. c. 42 s. 4.]

Summons or warrant for witness, etc. [11 & 12 Vict. c. 42 s. 16.]

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 provided in Part II for enforcing the attendance 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 exceeding 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises.

Power to remand accused. [ib. s. 21.]

70.—(1) If, on the hearing of an information or charge for an indictable offence, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the examination...

* As amended by No. 1 of 1912.

71. ...

72.— ...

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516 Service of summonses. [11 & 12 Vict. c. 42 s. 9.] Form, etc., of warrants. [ib. s. 10.] Warrant to apprehend and search No. 3 of 1890. MAGISTRATES 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 contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part. 67. The provisions with reference to the form of warrants, the directions to be contained therein, and the execution thereof contained in Part II in relation to offences punishable on summary conviction 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 any 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. issuable on Sunday, etc. [21 & 22 Vict. c. 42 s. 4.] Summons or warrant for witness, etc. [11 & 12 Vict. c. 42 s. 16.] 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 provided in Part II for enforcing the attendance 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 exceeding 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises. Power to remand accused. [ib. s. 21.] 70.—(1) If, on the hearing of an information or charge for an indictable offence, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the examination... * As amended by No. 1 of 1912. 71. ... 72.— ...
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516 Service of summonses. [11 & 12 Vict. c. 42 s. 9.] * Form, etc., of warrants. [ib. s. 10.] * Warrant to apprehend and search No. 3 of 1890. MAGISTRATES. part of the prosecution before the Magistrate who takes the ex- amination of the witnesses in that behalf as hereinafter mentioned. 66. The provisions with reference to summonses contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part. 67. The provisions with reference to the form of warrants, the directions to be contained therein, and the execution thereof con- tained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to warrants under this Part. 68. A warrant to apprehend any person charged with an indict- able offence and a search warrant in respect of any. similar offence may be granted, issued, and executed on Sunday or any day [21 & 22 Vict. declared by law to be a dies non as well as any other day, and at any hour by day or night. issuable on Sunday, etc. c. 42 s. 4.] Summons or warrant for witness, etc. c. 42 s. 16.7 * 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 [11 & 12 Vict. 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 at- tendance of such witness in the manner provided in Part II for the enforcing the attendance of a witness under the summary juris- diction of such Magistrate. form 11. (2) If, on the appearance of such witness, he refuses to be ex- amined upon oath concerning the matter of the information or complaint, or refuses to take such oath, or, having taken such oath, 1st schedule: 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 exceeding 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises. Power to remand accused. [ib. s. 21.] * 70.-(1) If, on the hearing of an information or charge for an indictable offence, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the ex- * As amended by No. 1 of 1912. 1. an sh or. be pla cle Cor be, in : to 1 con may gist acci he of is si or a re tion and (2 place may cogn same ances and: accus 71. matic open Magi person witho to him 72.- indict:
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516

Service of

summonses.

[11 & 12 Vict. c. 42 s. 9.]

*

Form, etc., of warrants. [ib. s. 10.]

*

Warrant to apprehend and search

No. 3 of 1890.

MAGISTRATES.

part of the prosecution before the Magistrate who takes the ex- amination of the witnesses in that behalf as hereinafter mentioned.

66. The provisions with reference to summonses contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part.

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

68. A warrant to apprehend any person charged with an indict- able offence and a search warrant in respect of any. similar offence may be granted, issued, and executed on Sunday or any day [21 & 22 Vict. declared by law to be a dies non as well as any other day, and at

any hour by day or night.

issuable on Sunday, etc.

c. 42 s. 4.]

Summons or warrant for witness, etc.

c. 42 s. 16.7

*

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 [11 & 12 Vict. 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 at- tendance of such witness in the manner provided in Part II for the enforcing the attendance of a witness under the summary juris- diction of such Magistrate.

form 11.

(2) If, on the appearance of such witness, he refuses to be ex- amined upon oath concerning the matter of the information or complaint, or refuses to take such oath, or, having taken such oath, 1st schedule: 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 exceeding 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises.

Power to remand

accused.

[ib. s. 21.]

*

70.-(1) If, on the hearing of an information or charge for an indictable offence, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the ex-

* As amended by No. 1 of 1912.

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