CAP. 227]
[a. 115 cont.]
Procedure
on hearing appeal.
24 of 1949, s.39.
(Cap. 221).
Magistrates.
(c) any recognizance entered into in connexion with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall re-transmit any such recognizance to the magistrates' clerk, and the provisions of subsections (1) and (3) of section 64 (except the words from "and paying or giving security" to the end of the said subsection (1)) shall apply in relation to any such recognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.
(3) The payment of any costs ordered to be paid under subsection (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.
[112
116. (1) In the case of any appeal to which section 103 or 111 applies-
(a) the depositions taken before the magistrate or a certified copy thereof shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place;
(b) when the appeal comes on for hearing the appellant shall be first heard in support of the appeal, the respondent if present and if he so desires shall be heard against it and the appellant thereafter shall be entitled to reply. If the judge thinks additional evidence to be necessary he may receive such evidence, and for that purpose shall have the like powers under paragraphs (a), (b) and (c) of subsection (8) of section 82 of the Criminal Procedure Ordinance that the Full Court would have had if the appeal had been an appeal to which that section applied, and the judge may issue any process necessary for enforcing the exercise of such powers;
294
CAP. 227]
[a. 115 cont.]
Procedure
on hearing appeal.
24 of 1949, s.39.
(Cap. 221).
Magistrates.
(c) any recognizance entered into in connexion with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall re-transmit any such recognizance to the magistrates' clerk, and the provisions of subsections. (1) and (3) of section 64 (except the words from "and paying or giving security" to the end of the said subsection (1)) shall apply in relation to any such recognizance as they apply to such recogniz- ances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.
(3) The payment of any costs ordered to be paid under subsection (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other [112
manner.
116. (1) In the case of any appeal to which section 103 or 111 applies-
(a) the depositions taken before the magistrate or a certified copy thereof shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place;
(b) when the appeal comes on for hearing the appellant shall be first heard in support of the appeal, the respondent if present and if he so desires shall be heard against it and the appellant thereafter shall be entitled to reply. If the judge thinks additional evidence to be necessary he may receive such evidence, and for that purpose shall have the like powers under paragraphs (a), (b) and (c) of sub- section (8) of section 82 of the Criminal Procedure Ordinance that the Full Court would have had if the appeal had been an appeal to which that section applied, and the judge may issue any process necessary for enforcing the exercise of such
powers;
294
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