1950_MAGISTRATES_ORDINANCE — Page 71

HK Historical Laws 香港歷史法例 All AI Reviewed

Magistrates.

shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.

[114

ΙΙΙ

[CAP. 227

Provisions to costs.

118. (1) On any appeal to which section 103 or applies, the judge may make such orders as to costs, as he may think fit, and may-

(a) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;

(b) in any case, in which the appeal is from an order or determination in respect of or in connexion with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal;

and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid 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 without prejudice to the provisions of section 119 shall not be enforced in any other manner.

[115

to forfeited

[cf. 23 & 24,

119. (1) The following provisions of this section shall have effect in any case where a recognizance entered into in connexion with any appeal to which this Ordinance applies has become forfeited.

(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.

(b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment

297

recognizances. [cf. 23 & 24 Geo. 5, c. 38, s. 6.]

24 of 1949, s.39.

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Magistrates. shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction. [114 ΙΙΙ [CAP. 227 Provisions to costs. 118. (1) On any appeal to which section 103 or applies, the judge may make such orders as to costs, as he may think fit, and may- (a) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him; (b) in any case, in which the appeal is from an order or determination in respect of or in connexion with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal; and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means. (2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid 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 without prejudice to the provisions of section 119 shall not be enforced in any other manner. [115 to forfeited [cf. 23 & 24, 119. (1) The following provisions of this section shall have effect in any case where a recognizance entered into in connexion with any appeal to which this Ordinance applies has become forfeited. (2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default. (b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment 297 recognizances. [cf. 23 & 24 Geo. 5, c. 38, s. 6.] 24 of 1949, s.39.
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Magistrates. shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction. [114 ΙΙΙ [CAP. 227 Provisions to costs. 118. (1) On any appeal to which section 103 or applies, the judge may make such orders as to costs, as Lef. 23 & 24 he may think fit, and may- Geo. 5, c. 38, s. 5.]. as (a) where he allows the appeal, direct that there shall 24 of 1949, 5.39. be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him; (b) in any case, in which the appeal is from an order or determination in respect of or in connexion with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal; and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means. (2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid 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 without prejudice to the provisions of section 119 shall not be 48 of 1949, s. 9. enforced in any other manner. [115 to forfeited [cf. 23 & 24, 119. (1) The following provisions of this section shall Provisions as have effect in any. case where a recognizance entered into in connexion with any appeal to which this Ordinance applies has become forfeited. (2) (a) The Registrar shall, during or after the hear- ing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default. (b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment 297 recognizances. Geo. 5, c. 38, s. 6.] 24 of 1949, 8.39.
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Magistrates.

shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.

[114

ΙΙΙ

[CAP. 227

Provisions to costs.

118. (1) On any appeal to which section 103 or applies, the judge may make such orders as to costs, as Lef. 23 & 24 he may think fit, and may-

Geo. 5, c. 38, s. 5.].

as

(a) where he allows the appeal, direct that there shall 24 of 1949, 5.39.

be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;

(b) in any case, in which the appeal is from an order or determination in respect of or in connexion with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal;

and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid 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 without prejudice to the provisions of section 119 shall not be 48 of 1949, s. 9. enforced in any other manner.

[115

to forfeited

[cf. 23 & 24,

119. (1) The following provisions of this section shall Provisions as have effect in any. case where a recognizance entered into in connexion with any appeal to which this Ordinance applies has become forfeited.

(2) (a) The Registrar shall, during or after the hear- ing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.

(b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment

297

recognizances. Geo. 5,

c. 38, s. 6.]

24 of 1949, 8.39.

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