1912_MAGISTRATES_ORDINANCE__1890 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

MAGISTRATES.

No. 3 of 1890.

489

whom the information has been laid may, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue 1st schedule; in the first instance his warrant for apprehending the person against form 3. 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 summons 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 information, 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.

complaint or information.

12. (1) Every complaint and every information under this Part, unless some Ordinance or statute otherwise requires, may respectively be made or laid without any oath being made of the truth thereof; except in case of an information where the Magistrate receiving the same thereupon issues his warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the Magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such warrant shall be issued. [11 & 12 Vict. c. 43 s. 10.]

(2) Every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences.

(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf.

*As amended by No. 50 of 1911 and No. 1 of 1912.

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490

No. 3 of 1890.

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MAGISTRATES. No. 3 of 1890. 489 whom the information has been laid may, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue 1st schedule; in the first instance his warrant for apprehending the person against form 3. 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 summons 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 information, 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. complaint or information. 12. (1) Every complaint and every information under this Part, unless some Ordinance or statute otherwise requires, may respectively be made or laid without any oath being made of the truth thereof; except in case of an information where the Magistrate receiving the same thereupon issues his warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the Magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such warrant shall be issued. [11 & 12 Vict. c. 43 s. 10.] (2) Every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences. (3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf. *As amended by No. 50 of 1911 and No. 1 of 1912. Page 5Page 6 490 No. 3 of 1890.
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MAGISTRATES. No. 3 of 1890. 489 whom the information has been laid may, on oath being made be- före him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue 1st schedule; in the first instance his warrant for apprehending the person against form 3. 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. J (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 summons 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 information, 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. complaint or information. 12. (1) Every complaint and every information under this Part, Manner of unless some Ordinance or statute otherwise requires, may res- making pectively be made or laid without any oath being made of the truth laying thereof; except in case of an information where the Magistrate [11 & 12 Vict. receiving the same thereupon issues his warrant in the first instance c. 43 s. 10.1 to apprehend the defendant as aforesaid; and in every such case where the Magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such war- rant shall be issued. (2) Every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences. (3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf. *As amended by No. 50 of 1911 and No. 1 of 1912. Page 5Page 6 490 No. 3 of 1890.
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MAGISTRATES.

No. 3 of 1890.

489

whom the information has been laid may, on oath being made be- före him substantiating the matter of the information to

his satisfaction, instead of issuing such summons as aforesaid, issue 1st schedule;

in the first instance his warrant for apprehending the person against form 3.

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.

J

(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 summons 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 information, 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.

complaint or

information.

12. (1) Every complaint and every information under this Part, Manner of unless some Ordinance or statute otherwise requires, may res- making pectively be made or laid without any oath being made of the truth laying thereof; except in case of an information where the Magistrate [11 & 12 Vict. receiving the same thereupon issues his warrant in the first instance c. 43 s. 10.1 to apprehend the defendant as aforesaid; and in every such case where the Magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such war- rant shall be issued.

(2) Every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences.

(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf.

*As amended by No. 50 of 1911 and No. 1 of 1912.

Page 5Page 6

490

No. 3 of 1890.

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