CAP. 227]
Magistrates.
FORM 85.
[s. 109.]
Magistrate's certificate of refusal to state or amend case.
IN THE MAGISTRATE'S COURT AT
HONG KONG.
19
Whereas on the
day of information [or complaint] preferred by A.B. against C.D., of
(hereinafter called the defendant) for that he [etc., as in the information, complaint or summons] was heard and determined by me, the undersigned, a magistrate of the said Colony, and thereon [here state the adjudication, order or determination together with any consequential order as to fine, imprisonment, costs or other matter] and whereas the defendant [or A.B.,] being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law, has applied to me pursuant to section 103 of the Magistrates Ordinance (Chapter 227 of the Revised Edition), to state and sign a case setting forth the facts and grounds of such determination in order that he may appeal therefrom to a judge of the Supreme Court and, if so, whereas on the
day of 19 I stated and signed a case accordingly, but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 105 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case, for now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said magistrate, pursuant to section 109 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly [or to amend such case].
Dated this
[L.S.]
day of
(Signed.)
19
Magistrate.
FORM 86.
Case stated by a magistrate.
IN THE SUPREME COURT OF HONG KONG.
APPELLATE JURISDICTION.
Between A.B., Appellant,
and
C.D., Respondent.
[s. 103.]
This is a case stated by the undersigned, a magistrate of the Colony of Hong Kong under the Magistrates Ordinance (Chapter 227 of the Revised Edition), for the purpose of appeal to a judge of the Supreme Court on questions of law which arose before me as hereinafter stated.
On the
day of
1. At the magistrate's court in the said Colony, at
19 an information [or a complaint] preferred by A.B. (hereinafter called the respondent)
134
CAP. 227]
Magistrates.
FORM 85.
[s. 109.]
Magistrate's certificate of refusal to state or amend case.
IN THE MAGISTRATE'S COURT AT
HONG KONG.
19
an
Whereas on the
day of information [or complaint] preferred by A.B. against C.D., of
(hereinafter called the defendant) for that he [etc., as in the informa- tion, complaint or summons] was heard and determined by me, the undersigned, a magistrate of the said Colony, and thereon [here state the adjudication, order or determination together with any consequential order as to fine, imprisonment, costs or other matter] and whereas the defendant [or A.B.,] being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law, has applied to me pursuant to section 103 of the Magistrates Ordinance (Chapter 227 of the Revised Edition), to state and sign a case setting forth the facts and grounds of such determination in order that he may appeal therefrom to a judge of the Supreme Court and, if so, whereas on the
day of 19 I stated and signed a case accordingly, but the defendant [or A.B.] is dissatisfied with the way in which I have so stated such case and has, pursuant to section 105 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case, for now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said magistrate, pursuant to section 109 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly [or to amend such case].
Dated this
[L.S.]
?
day of
(Signed.)
19
Magistrate.
FORM 86.
Case stated by a magistrate.
IN THE SUPREME COURT OF HONG KONG.
APPELLATE JURISDICTION.
Between A.B., Appellant,
and
C.D., Respondent.
[s. 103.]
This is a case stated by the undersigned, a magistrate of the Colony of Hong Kong under the Magistrates Ordinance (Chapter 227 of the Revised Edition), for the purpose of appeal to a judge of the Supreme Court on questions of law which arose before me as hereinafter stated.
on the
day of
1. At the magistrate's court in the said Colony, at
19 an information [or a complaint] preferred by A.B. (hereinafter called the respondent)
134
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