CAP. 227]
[8. 18 cont.]
24 of 1949, s. 9.
5504961
''
24 of 1949, s. 9.
:
Proceedings
at hearing.
c. 43, s. 14..
Magistrates.
non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the apprehension of the defendant.
(4) If both parties appear, either personally or by their respective counsel, before a magistrate who is to hear and determine the complaint or information, then the magistrate shall proceed to hear and determine the same.
(5) Notwithstanding the provisions of this section, if in the case of any offence, which is declared by the Ordinance creating it or by resolution of Legislative Council to be an offence to which the procedure prescribed by this subsection is applicable, the defendant pleads guilty to such offence by letter addressed to the magistrate, the magistrate may in his discretion, in lieu of proceeding under the other provisions of this section, enter a plea of guilty and deal with the case in like manner mutatis mutandis as if the defendant had actually appeared before him and pleaded guilty.
(6) In every case in which the procedure prescribed by the preceding subsection is applicable, the summons shall contain a foot-note or endorsement in the following terms: "Under subsection (5) of section 18 of the Magistrates Ordinance, (Chapter 227 of the Revised Edition) a magistrate may in his discretion accept a plea of guilty contained in a letter addressed to the magistrate. If a defendant decides to take this course, he may, if he chooses, mention in such letter any facts which he considers mitigate the offence. The magistrate has complete discretion as to whether the defendant should be required to attend personally, and if the statement of facts in mitigation is disputed, this may lead to personal appearance being required."
a
19. (1) Where the defendant is present at the hearing
11 & 12 Vict. the substance of the complaint or information shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him, as the case may be, and if he thereupon admits the truth of the complaint or information and shows no cause or no sufficient cause why he should not be convicted or why an order should not be made against him, as the case may be, then the magistrate shall convict
240
:
CAP. 227]
[8. 18 cont.]
24 of 1949, s. 9.
5504961
''
24 of 1949, s. 9.
:
Proceedings
at hearing.
c. 43, s. 14..
Magistrates.
non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the apprehension of the defendant.
(4) If both parties appear, either personally or by their respective counsel, before a magistrate who is to hear and determine the complaint or information, then the magistrate shall proceed to hear and determine the same.
(5) Notwithstanding the provisions-of-this-section-if in the case of any offence, which is declared by the Ordinance creating it or by resolution of Legislative Council to be an offence to which the procedure prescribed by this subsection is applicable, the defendant pleads guilty to such offence by letter addressed to the magistrate, the magistrate may in his discretion in lieu of proceeding under the other pro- visions of this section enter a plea of guilty and deal with the case in like manner mutatis mutandis as if the defen- dant had actually appeared before him and pleaded guilty.
(6) In every case in which the procedure prescribed by the preceding subsection is applicable the summons shall contain a foot-note or endorsement in the following terms- "Under subsection (5) of section 18 of the Magis- trates Ordinance, (Chapter 227 of the Revised Edition) a magistrate may in his discretion accept a plea of guilty contained in a letter addressed to the magistrate. If a defendant decides to take this course he may if he chooses mention in such letter any facts which he con- siders mitigate the offence The magistrate has complete discretion as to whether the defendant should be required to attend personally and if the statement of facts in mitigation is disputed this may lead to [12 personal appearance-being-required."
a
19. (1) Where the defendant is present at the hearing
11 & 12 Vict. the-substance of the complaint or information shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him, as the case may be, and if he thereupon admits the truth of the complaint or information and shows no cause or no sufficient cause why he should not be convicted or why an order should not be made against him, as the case may be, then the magistrate shall convict
240
:
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