1950_MAGISTRATES_ORDINANCE — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates.

[CAP. 227

on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid.

Form 9.

(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance.

Form 10.

Provisions as to witness refusing to be sworn or answer.

Form 11.

(4) If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him concerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned, without hard labour, for two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine of twenty dollars.

[15

order of documents.

4 & 5 Geo. 5, c. 58, s. 29.

22. The powers contained in sections 21 and 77 enabling a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accordingly.

Forms 8, 11.

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Magistrates. [CAP. 227 on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid. Form 9. (3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance. Form 10. Provisions as to witness refusing to be sworn or answer. Form 11. (4) If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him concerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned, without hard labour, for two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine of twenty dollars. [15 order of documents. 4 & 5 Geo. 5, c. 58, s. 29. 22. The powers contained in sections 21 and 77 enabling a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accordingly. Forms 8, 11. [16 243
Baseline (Original)
: Magistrates. [CAP. 227 on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to Rules. bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid. Form 9. (3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his Rules. warrant in the first instance. Form 10. Provisions as refusing to or answer. Form 11. to witness be sworn Rules. (4) If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him con- cerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned, without hard 30 of 1958 5.13 labour, for two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine of twenty dollars. [15 order of docu- ments. 4 & 5 Geo, 5, c. 58, s. 29. 22. The powers contained in sections 21 and 77 enabling Power to a magistrate to issue a summons to any witness to attend production to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to pro- duce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accord- Rules. Forms 8,11. ingly. [16 243
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Magistrates.

[CAP. 227

on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to Rules. bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid.

Form 9.

(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his Rules. warrant in the first instance.

Form 10.

Provisions as refusing to or answer. Form 11.

to witness

be sworn

Rules.

(4) If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him con- cerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned, without hard 30 of 1958 5.13 labour, for two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine of twenty dollars.

[15

order

of docu-

ments.

4 & 5 Geo, 5, c. 58, s. 29.

22. The powers contained in sections 21 and 77 enabling Power to a magistrate to issue a summons to any witness to attend production to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to pro- duce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accord- Rules.

Forms 8,11. ingly.

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243

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