1923_MAGISTRATES_ORDINANCE__1890 — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

MAGISTRATES;

No. 3 of 1890.

459

(c) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a magistrate or such person as may be specified by the magistrate adjudging the money to be paid, security, with or without a surety or sureties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner provided by this Ordinance.

(2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

(3) A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates' clerk, to whom any such sum or instalment is first paid shall as soon as may be account for and pay over the same to such clerk.

Forms Nos. 15-18, 20 and 21.

36. Where any property has been taken from a person charged before a magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the police on the charge sheet to the magistrate of the fact of such property having been taken from the accused or defendant and of the particulars thereof, and the magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.

Return by defendant.

42 & 43 Vict. c. 49, s. 44.

37. Every person who aids, abets, counsels, or procures the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against and convicted for the same; either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.

Prosecution of aider or abettor.

11 & 12 Vict. c. 43, s. 5.

Ref: No. 3 of 1865.

38. A magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, inflict imprisonment for a term exceeding 6 months in the aggregate.

Rule as to sentences for assault.

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MAGISTRATES; No. 3 of 1890. 459 (c) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a magistrate or such person as may be specified by the magistrate adjudging the money to be paid, security, with or without a surety or sureties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner provided by this Ordinance. (2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. (3) A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates' clerk, to whom any such sum or instalment is first paid shall as soon as may be account for and pay over the same to such clerk. Forms Nos. 15-18, 20 and 21. 36. Where any property has been taken from a person charged before a magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the police on the charge sheet to the magistrate of the fact of such property having been taken from the accused or defendant and of the particulars thereof, and the magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct. Return by defendant. 42 & 43 Vict. c. 49, s. 44. 37. Every person who aids, abets, counsels, or procures the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against and convicted for the same; either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable. Prosecution of aider or abettor. 11 & 12 Vict. c. 43, s. 5. Ref: No. 3 of 1865. 38. A magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, inflict imprisonment for a term exceeding 6 months in the aggregate. Rule as to sentences for assault.
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was t so fine dis M fines iter the + of uch ent tain t of left e is nav any ink ucha he ents Leet. uch no not sin I he not atë. rom to the or an ving its MAGISTRATES; No. 3 of 1890. 459 (c) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a magistrate or such person as may be specified by the magistrate adjudging the money to be paid, security, with or without a surety or sureties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner provided by this Ordinance. (2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. (3) A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates' clerk, to whom any such sum or instalment is First paid shall as soon as may be account for and pay over the Schedule. same to such clerk. Forms Nos. 15-18, 20 and 21. magistrate's order of taken from 36. Where any property has been taken from a person Return by charged before a magistrate with an offence punishable either on indictment or on summary conviction, a report shall be property made by the police on the charge sheet to the magistrate of defendant. the fact of such property having been taken from the accused 42 & 43 Vict. or defendant and of the particulars thereof, and the c. 49, s. 44. magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests. of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct. and punishment abettor. 37. Every person who aids, abets, counsels, or procures Prosecution the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against of aider or and convicted for the same; either together with the principal 112 Vict. offender or before or after his conviction, and shall be liable c. 43, s. 5. Tef: to the same punishment and penalties as such principal may No. 3 of 1865.] by law be liable 'cumulative 38. A magistrate shall not, by cumulative sentences of Rule as to imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults com- assault. sentences for
2026-05-03 10:02:27 · Baseline
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MAGISTRATES;

No. 3 of 1890.

459

(c) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a magistrate or such person as may be specified by the magistrate adjudging the money to be paid, security, with or without a surety or sureties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner provided by this Ordinance.

(2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

(3) A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates' clerk, to whom any such sum or instalment is First paid shall as soon as may be account for and pay over the Schedule. same to such clerk.

Forms Nos. 15-18, 20 and 21.

magistrate's

order of

taken from

36. Where any property has been taken from a person Return by charged before a magistrate with an offence punishable either on indictment or on summary conviction, a report shall be property made by the police on the charge sheet to the magistrate of defendant. the fact of such property having been taken from the accused 42 & 43 Vict. or defendant and of the particulars thereof, and the c. 49, s. 44. magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests. of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.

and punishment

abettor.

37. Every person who aids, abets, counsels, or procures Prosecution the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against of aider or and convicted for the same; either together with the principal 112 Vict. offender or before or after his conviction, and shall be liable c. 43, s. 5.

Tef: to the same punishment and penalties as such principal may No. 3 of

1865.] by law be liable

'cumulative

38. A magistrate shall not, by cumulative sentences of Rule as to imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults com- assault.

sentences for

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