1950_MAGISTRATES_ORDINANCE — Page 19

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates.

[CAP. 227

it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Crown.

[18

for order to pay money in writing.. need not be

25. In any case of a complaint upon which a magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by the Ordinance or statute upon which such complaint is [19 framed.

: 11 & 12 Vict. c. 43, s. 8.

time for 11 & 12 Vict. information.

26. In any case of an offence other than an indictable offence where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect of such offence, such complaint shall be made or such information laid within six months from the time when the matter of such complaint or information respectively arose.

[20

and alteration of complaint, information

27. (1) No objection shall be taken or allowed to any complaint, information or summons for any alleged defect therein in substance or in form, or for any variance between such complaint, information or summons and the evidence adduced in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence with which he was charged with such variation as has been warranted by the evidence or of any offence which under the provisions of paragraph (c) of subsection (2) of section 10 could have been tried therewith.

24 of 1949, s.10.

245

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Magistrates. [CAP. 227 it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid. (2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Crown. [18 for order to pay money in writing.. need not be 25. In any case of a complaint upon which a magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by the Ordinance or statute upon which such complaint is [19 framed. : 11 & 12 Vict. c. 43, s. 8. time for 11 & 12 Vict. information. 26. In any case of an offence other than an indictable offence where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect of such offence, such complaint shall be made or such information laid within six months from the time when the matter of such complaint or information respectively arose. [20 and alteration of complaint, information 27. (1) No objection shall be taken or allowed to any complaint, information or summons for any alleged defect therein in substance or in form, or for any variance between such complaint, information or summons and the evidence adduced in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence with which he was charged with such variation as has been warranted by the evidence or of any offence which under the provisions of paragraph (c) of subsection (2) of section 10 could have been tried therewith. 24 of 1949, s.10. 245
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Magistrates. [CAP. 227 it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid. (2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall shall be sufficient to describe such property as the property of the Crown. [18 for order to pay money in writing.. need not be 25. In any case of a complaint upon which a Complaint magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by the Ordinance or statute upon which such complaint is [19 framed. : 11 & 12 Vict. c. 43, s. 8. time for 11 & 12 Vict. information. 26. In any case of an offence other than an indictable Limit of offence where no time is limited by any Ordinance or complaint or statute for making any complaint or laying any informa- tion in respect of such offence, such complaint shall be c. 43, s. 11. made or such information laid within six months from the time when the matter of such complaint or information respectively arose. [20 and alteration of complaint, information 27. (1) No objection shall be taken or allowed to any Defects in complaint, information or summons for any alleged defect therein in substance or in form, or for any variance between or summons. such complaint, information or summons and the evidence 24 of 1949, s.10. adduced in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence with which he was charged with such variation as has been warranted by the evidence or of any offence which under the provisions of paragraph (c) of subsection (2) of section 10 could have been tried therewith. 245
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Magistrates.

[CAP. 227

it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall

shall be sufficient to describe such property as the property of the Crown.

[18

for order to

pay money in writing..

need not be

25. In any case of a complaint upon which a Complaint magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by the Ordinance or statute upon which such complaint is [19

framed.

:

11 & 12 Vict.

c. 43, s. 8.

time for

11 & 12 Vict.

information.

26. In any case of an offence other than an indictable Limit of offence where no time is limited by any Ordinance or complaint or statute for making any complaint or laying any informa- tion in respect of such offence, such complaint shall be c. 43, s. 11. made or such information laid within six months from the time when the matter of such complaint or information respectively arose.

[20

and alteration of complaint, information

27. (1) No objection shall be taken or allowed to any Defects in complaint, information or summons for any alleged defect therein in substance or in form, or for any variance between or summons. such complaint, information or summons and the evidence 24 of 1949, s.10. adduced in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence with which he was charged with such variation as has been warranted by the evidence or of any offence which under the provisions of paragraph (c) of subsection (2) of section 10 could have been tried therewith.

245

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