1950_MAGISTRATES_ORDINANCE — Page 57

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates. [CAP. 227

or fifty dollars: Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made;

(b) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order him to pay a fine of five hundred dollars:

Provided always that-

(i) before making any order under paragraph (a) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;

(ii) before making any order under paragraph (b) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and

(iii) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 67.

98. Whenever a magistrate awards a pecuniary penalty or fine under the Summary Offences Ordinance, and the same is not forthwith paid, the magistrate may commit the offender to prison, with or without hard labour, in accordance with the scale in section 67. [95

99. Whenever any person is found by any police officer or officer of the Sanitary Department hawking without a licence, or committing an offence against any Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, such officer is hereby empowered to convey or cause to be conveyed before a magistrate all the articles being displayed, hawked and sold, and also the utensils, vessels or other paraphernalia in the apparent use

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Magistrates. [CAP. 227 or fifty dollars: Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; (b) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order him to pay a fine of five hundred dollars: Provided always that- (i) before making any order under paragraph (a) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf; (ii) before making any order under paragraph (b) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and (iii) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 67. 98. Whenever a magistrate awards a pecuniary penalty or fine under the Summary Offences Ordinance, and the same is not forthwith paid, the magistrate may commit the offender to prison, with or without hard labour, in accordance with the scale in section 67. [95 99. Whenever any person is found by any police officer or officer of the Sanitary Department hawking without a licence, or committing an offence against any Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, such officer is hereby empowered to convey or cause to be conveyed before a magistrate all the articles being displayed, hawked and sold, and also the utensils, vessels or other paraphernalia in the apparent use
Baseline (Original)
: 1 Magistrates. [CAP. 227 or fifty dollars: Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; (b) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order 24 of 1949,8.35. him to pay a fine of five hundred dollars: Provided always that- (i) before making any order under paragraph (a) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the pro- ceedings in order to enable him to instruct counsel on his behalf; (ii) before making any order under paragraph (b) the X magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to con- stitute the false testimony and shall give the witness an opportunity of showing cause why the order should_not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and (iii) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 67. [94 ment for. of fine under 98. Whenever a magistrate awards a pecuniary penalty Imprison- 2 or amends for any offence under the Summary Offences non-payment Ordinance, and the same is not forthwith paid, the magis- Ordinance. trate may commit the offender to prison, with or without (Cap. 228). hard labour, in accordance with the scale in section 67. [95 of articles 99. Whenever any person is found by any police officer Forfeiture or officer of the Sanitary Department hawking without a in certain licence, or committing an offence against any Ordinance cases, relating to markets, or causing any obstruction by hawking in a public thoroughfare, such officer is hereby empowered 24 of 1949, 8.36. 041980 to convey or cause to conveyed before a magistrate all Ceighth schadult) the articles being displayed hawked and sold, and also the utensils, vessels or other paraphernalia in the apparent use 283
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1

Magistrates.

[CAP. 227

or

fifty dollars: Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made;

(b) that any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully

given false testimony, the magistrate may order 24 of 1949,8.35. him to pay a fine of five hundred dollars:

Provided always that-

(i) before making any order under paragraph (a) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall, if so requested by the complainant, adjourn the pro- ceedings in order to enable him to instruct counsel on his behalf;

(ii) before making any order under paragraph (b) the X magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to con- stitute the false testimony and shall give the witness an opportunity of showing cause why the order should_not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and

(iii) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 67.

[94

ment for.

of fine under

98. Whenever a magistrate awards a pecuniary penalty Imprison- 2 or amends for any offence under the Summary Offences non-payment Ordinance, and the same is not forthwith paid, the magis- Ordinance. trate may commit the offender to prison, with or without (Cap. 228). hard labour, in accordance with the scale in section 67. [95

of articles

99. Whenever any person is found by any police officer Forfeiture or officer of the Sanitary Department hawking without a in certain licence, or committing an offence against any Ordinance cases, relating to markets, or causing any obstruction by hawking

in a public thoroughfare, such officer is hereby empowered

24 of 1949, 8.36.

041980

to convey or cause to conveyed before a magistrate all Ceighth schadult)

the articles being displayed hawked and sold, and also the utensils, vessels or other paraphernalia in the apparent use

283

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