1950_MAGISTRATES_ORDINANCE — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates.

[CAP. 227]

control of

General.

12. The Attorney General is hereby entrusted with the duty and discretion of conducting the prosecution of all offences to be under cognizable by a magistrate: Provided that it shall be lawful for any member of the police force and such other public servant as the Attorney General may from time to time by any general or special direction authorize to lay before a magistrate an information in respect of an offence and that any such information shall be deemed to have been laid on behalf of the Attorney General and provided that in any such case he shall be deemed to be a party to the proceedings and such member or public servant shall not be so deemed.

[11A]

13. The Attorney General may appoint any public officer or class of public officers to act as public prosecutors or prosecutors and to conduct generally on his behalf any prosecution before a magistrate or any specified classes of prosecutions or any particular case. Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed.

[11B]

14. (1) A complainant or informant who is not deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 102 for applying for a review intervene for the purpose of applying for or being made a party to any review.

(2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant.

(3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk. In the event of oral intimation as aforesaid having been given the

Page 237

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Magistrates. [CAP. 227] control of General. 12. The Attorney General is hereby entrusted with the duty and discretion of conducting the prosecution of all offences to be under cognizable by a magistrate: Provided that it shall be lawful for any member of the police force and such other public servant as the Attorney General may from time to time by any general or special direction authorize to lay before a magistrate an information in respect of an offence and that any such information shall be deemed to have been laid on behalf of the Attorney General and provided that in any such case he shall be deemed to be a party to the proceedings and such member or public servant shall not be so deemed. [11A] 13. The Attorney General may appoint any public officer or class of public officers to act as public prosecutors or prosecutors and to conduct generally on his behalf any prosecution before a magistrate or any specified classes of prosecutions or any particular case. Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed. [11B] 14. (1) A complainant or informant who is not deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 102 for applying for a review intervene for the purpose of applying for or being made a party to any review. (2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant. (3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk. In the event of oral intimation as aforesaid having been given the Page 237
Baseline (Original)
: Magistrates. [CAP. 227 of offences control of General. .XX 12. The Attorney General is hereby entrusted with the Prosecution duty and discretion of conducting the prosecution of all to be under offences cognizable by a magistrate: Provide that it shall Attorney be lawful for any member of the police force and such. other public servant as the Attorney General may from time, 24 of 1949, s.8. to time by any general or special direction authorize to lay before a magistrate an information in respect of an offence and that any such information shall be deemed to have been laid on behalf of the Attorney General and pro- vided that in any such case he shall be deemed to be a party to the proceedings and such member or public servant shall not be so deemed. [11A 13. The Attorney General may appoint any public Appointment officer or class of public officers to act as public prosecutor prosecutors or prosecutors and to conduct generally on his behalf of public by Attorney any General. prosecution before a magistrate or any specified classes of 24 of 1949, s.8. prosecutions or any particular case. Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed. [11B prosecution vention by General. and inter- the Attorney 24 of 1949, 8.8. 14. (1) A complainant or informant who is not acting Private or deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 102 for applying for a review intervene for the purpose of applying for or being made a party to any review. (2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant. (3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk. In the event of oral intimation as aforesaid having been given the 237
2026-05-03 22:29:21 · Baseline
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:

Magistrates.

[CAP. 227

of offences

control of

General.

.XX

12. The Attorney General is hereby entrusted with the Prosecution duty and discretion of conducting the prosecution of all to be under offences cognizable by a magistrate: Provide that it shall Attorney be lawful for any member of the police force and such. other public servant as the Attorney General may from time, 24 of 1949, s.8. to time by any general or special direction authorize to lay before a magistrate an information in respect of an offence and that any such information shall be deemed to have been laid on behalf of the Attorney General and pro- vided that in any such case he shall be deemed to be a party to the proceedings and such member or public servant shall not be so deemed.

[11A

13. The Attorney General may appoint any public Appointment officer or class of public officers to act as public prosecutor prosecutors

or prosecutors and to conduct generally on his behalf

of public

by Attorney

any General. prosecution before a magistrate or any specified classes of 24 of 1949, s.8. prosecutions or any particular case. Any public prosecutor

so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed.

[11B

prosecution

vention by

General.

and inter- the Attorney

24 of 1949, 8.8.

14. (1) A complainant or informant who is not acting Private or deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 102 for applying for a review intervene for the purpose of applying for or being made a party to any review.

(2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant.

(3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk. In the event of oral intimation as aforesaid having been given the

237

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