1950_MAGISTRATES_ORDINANCE — Page 66

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 227]

[s. 113 cont.]

Provision as to entry of appeal.

[cf. 23 & 24 Geo. 5,

Magistrates.

other than an order or determination relating to or in connexion with an offence.

(2) Any notice or document required to be served on the Attorney General shall be served upon the clerk in the Attorney General's chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post.

(3) Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if despatched by registered post addressed, in the case of a person in prison custody, to the Commissioner of Prisons and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document despatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post.

(4) Where it is made to appear to a judge of the court that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided he may order that such notice be given or such document served—

(a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or

(b) by advertisement thereof in one or more newspapers published in the Colony; or

(c) by notice thereof put up at the court house or at some other place of public resort.

[110

114. (1) So soon as an appellant has complied with the provisions of paragraph (c) of section 112, with respect to entering into a recognizance or giving other security, the magistrates' clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the

24 of 1949, s. 39.

c. 38, s. 8.]

292

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CAP. 227] [s. 113 cont.] Provision as to entry of appeal. [cf. 23 & 24 Geo. 5, Magistrates. other than an order or determination relating to or in connexion with an offence. (2) Any notice or document required to be served on the Attorney General shall be served upon the clerk in the Attorney General's chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post. (3) Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if despatched by registered post addressed, in the case of a person in prison custody, to the Commissioner of Prisons and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document despatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post. (4) Where it is made to appear to a judge of the court that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided he may order that such notice be given or such document served— (a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or (b) by advertisement thereof in one or more newspapers published in the Colony; or (c) by notice thereof put up at the court house or at some other place of public resort. [110 114. (1) So soon as an appellant has complied with the provisions of paragraph (c) of section 112, with respect to entering into a recognizance or giving other security, the magistrates' clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the 24 of 1949, s. 39. c. 38, s. 8.] 292
Baseline (Original)
САР. 227] [s. 113 cont.] Provision as to entry of appeal. [cf. 23 & 24 Geo. 5, Magistrates. other than an order or determination relating to or in con- nexion with an offence. (2) Any notice or document required to be served on the Attorney General shall be served upon the clerk in the Attorney General's chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post. (3). Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if despatched by registered post addressed, in the case of a person in prison custody, to the Com- missioner of Prisons and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document despatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post. (4) Where it is made to appear to a judge of the court that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner herein- before provided he may order that such notice be given or such document served- (a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable. probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or (b) by advertisement thereof in one or more news- papers published in the Colony; or (c) by notice thereof put up at the court house or at some other place of public resort. [110 114. (1) So soon as an appellant has complied with the provisions of paragraph (c) of section 112, with respect to entering into a recognizance or giving other security,_ the magistrates' clerk shall transmit to the Registrar the notice 24 of 1949, 8.39. of appeal, the depositions and such copies thereof as the c. 38, s. 8.] 292 -
2026-05-03 22:35:35 · Baseline
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САР. 227]

[s. 113 cont.]

Provision as to entry of appeal.

[cf. 23 & 24 Geo. 5,

Magistrates.

other than an order or determination relating to or in con- nexion with an offence.

(2) Any notice or document required to be served on the Attorney General shall be served upon the clerk in the Attorney General's chambers from time to time discharging the duties of prosecution clerk or by addressing the same to the Attorney General by registered post.

(3). Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if despatched by registered post addressed, in the case of a person in prison custody, to the Com- missioner of Prisons and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice or document despatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post.

(4) Where it is made to appear to a judge of the court that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner herein- before provided he may order that such notice be given or such document served-

(a) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears in his opinion that there is a reasonable. probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or

(b) by advertisement thereof in one or more news-

papers published in the Colony; or

(c) by notice thereof put up at the court house or at

some other place of public resort.

[110

114. (1) So soon as an appellant has complied with the provisions of paragraph (c) of section 112, with respect to entering into a recognizance or giving other security,_ the magistrates' clerk shall transmit to the Registrar the notice 24 of 1949, 8.39. of appeal, the depositions and such copies thereof as the

c. 38, s. 8.]

292

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