1950_MAGISTRATES_ORDINANCE — Page 21

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates.

of

29. In a proceeding before a magistrate, without pre-judice to any other mode of proof, service on a person any summons, notice, process or document required or authorized to be served, and the handwriting and seal of a magistrate or other officer or person on any warrant, summons, notice, process or document, may be proved by a solemn declaration taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceedings without proof of the signature or official character of the person or persons taking or signing the same.

[23

30. (1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within the Colony.

(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.

(3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed.

(4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in every case where the warrant is directed to all police officers within the Colony, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: Provided always that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and

247

[CAP. 227

Proof by declaration of service of process and handwriting, etc.

42 & 43 Vict. c. 49, s. 41.

Forms 36, 37.

Form and execution of warrant, etc.

11 & 12 Vict. c. 43, s. 3.

i

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Magistrates. of 29. In a proceeding before a magistrate, without pre-judice to any other mode of proof, service on a person any summons, notice, process or document required or authorized to be served, and the handwriting and seal of a magistrate or other officer or person on any warrant, summons, notice, process or document, may be proved by a solemn declaration taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceedings without proof of the signature or official character of the person or persons taking or signing the same. [23 30. (1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within the Colony. (2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law. (3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed. (4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in every case where the warrant is directed to all police officers within the Colony, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: Provided always that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and 247 [CAP. 227 Proof by declaration of service of process and handwriting, etc. 42 & 43 Vict. c. 49, s. 41. Forms 36, 37. Form and execution of warrant, etc. 11 & 12 Vict. c. 43, s. 3. i
Baseline (Original)
: Magistrates. of 29. In a proceeding before a magistrate, without pre- judice to any other mode of proof, service on a person any summons, notice, process or document required or authorized to be served, and the handwriting and seal of a magistrate or other officer or person on any warrant, summons, notice, process or document, may be proved by a solemn declaration taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceedings without proof of the signature. or official character of the person or persons taking or signing the same. [23 30. (1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within the Colony. (2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law. (3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed. (4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in every case where the warrant is directed to all police officers within the Colony, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: Provided always that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and 247 [CAP. 227 Proof by of serivice of of hand- declaration process and writing, etc. 42 & 43 Vict. c. 49, s. 41. Forms 36, 37. Form and warrant, etc. execution of 11 & 12 Vict. c. 43, s. 3. i
2026-05-03 22:30:31 · Baseline
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:

Magistrates.

of

29. In a proceeding before a magistrate, without pre- judice to any other mode of proof, service on a person any summons, notice, process or document required or authorized to be served, and the handwriting and seal of a magistrate or other officer or person on any warrant, summons, notice, process or document, may be proved by a solemn declaration taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceedings without proof of the signature. or official character of the person or persons taking or signing the same.

[23

30. (1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within the Colony.

(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.

(3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed.

(4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in every case where the warrant is directed to all police officers within the Colony, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: Provided always that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and

247

[CAP. 227

Proof by of serivice of of hand-

declaration

process and

writing, etc.

42 & 43 Vict.

c. 49, s. 41.

Forms 36, 37.

Form and warrant, etc.

execution of

11 & 12 Vict. c. 43, s. 3.

i

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