1950_MAGISTRATES_ORDINANCE — Page 8

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 227]

[s. 7: cont.]

24 of 1949, s.4.

Magistrates.

exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision.

(3) Subsection (2) shall apply to any justice of the peace who is willing to act and who in the opinion of the Governor may suitably in conjunction with another such justice exercise the powers and jurisdiction conferred by 48 of 1949, s.4. Subsection (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after the 1st day of January in each year.

Issue of summons to defendant and mode of service thereof.

c. 43, s. 1. Rules. Form 1.

PART II.

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

8. (1). In every case where a complaint is made to or an information laid before a magistrate in respect of which the magistrate has power to convict summarily or 11 & 12 Vict. to make an order for the payment of money or otherwise, it shall be lawful for the magistrate to issue his summons to the person against whom the complaint has been made or information laid, stating shortly the matter of the complaint or information and requiring him to appear at a certain time and place before a magistrate to answer to the complaint or information and to be further dealt with according to law.

30 of 1958, s.3.

(2) Every such summons shall be served by a police officer, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the police officer or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons : Provided always that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a summons.

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CAP. 227] [s. 7: cont.] 24 of 1949, s.4. Magistrates. exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision. (3) Subsection (2) shall apply to any justice of the peace who is willing to act and who in the opinion of the Governor may suitably in conjunction with another such justice exercise the powers and jurisdiction conferred by 48 of 1949, s.4. Subsection (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after the 1st day of January in each year. Issue of summons to defendant and mode of service thereof. c. 43, s. 1. Rules. Form 1. PART II. PROCEDURE IN RESPECT OF SUMMARY OFFENCES. 8. (1). In every case where a complaint is made to or an information laid before a magistrate in respect of which the magistrate has power to convict summarily or 11 & 12 Vict. to make an order for the payment of money or otherwise, it shall be lawful for the magistrate to issue his summons to the person against whom the complaint has been made or information laid, stating shortly the matter of the complaint or information and requiring him to appear at a certain time and place before a magistrate to answer to the complaint or information and to be further dealt with according to law. 30 of 1958, s.3. (2) Every such summons shall be served by a police officer, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the police officer or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons : Provided always that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a summons. 234
Baseline (Original)
CAP. 227] [s. 7: cont.] 24 of 1949, s.4. Magistrates. exercise their powers and discharge their duties in conform- ity with any direction given by the Chief Justice and under his general control and supervision. (3) Subsection (2) shall apply to any justice of the peace who is willing to act and who in the opinion of the Governor may suitably in conjunction with another such justice exercise the powers and jurisdiction conferred by 48 of 1949, s.4. Subsection (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after the 1st day of January in each year. Issue of summons to defendant and mode. of service thereof. c. 43, s. 1. Rules. Form 1. PART II. PROCEDURE IN RESPECT OF SUMMARY OFFENCES. 8. (1). In every case where a complaint is made to or an information laid before a magistrate in respect of which the magistrate has power to convict summarily or 11 & 12 Vict. to make an order for the payment of money or otherwise, it shall be lawful for the magistrate to issue his summons to the person against whom the complaint has been made or information laid, stating shortly the matter of the com- plaint or information and requiring him to appear at a certain time and place before a magistrate to answer to the complaint or information and to be further dealt with according to law. 30 of 1958 5.3. (2) Every such summons shall be served by a police officer, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the police officer or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons : Provided always that nothing herein con- tained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magis- trate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a-summons. 234
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CAP. 227]

[s. 7: cont.]

24 of 1949, s.4.

Magistrates.

exercise their powers and discharge their duties in conform- ity with any direction given by the Chief Justice and under his general control and supervision.

(3) Subsection (2) shall apply to any justice of the peace who is willing to act and who in the opinion of the Governor may suitably in conjunction with another such justice exercise the powers and jurisdiction conferred by 48 of 1949, s.4. Subsection (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after the 1st day of January in each year.

Issue of summons to defendant and mode.

of service

thereof.

c. 43, s. 1.

Rules. Form 1.

PART II.

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

8. (1). In every case where a complaint is made to or an information laid before a magistrate in respect of which the magistrate has power to convict summarily or 11 & 12 Vict. to make an order for the payment of money or otherwise, it shall be lawful for the magistrate to issue his summons to the person against whom the complaint has been made or information laid, stating shortly the matter of the com- plaint or information and requiring him to appear at a certain time and place before a magistrate to answer to the complaint or information and to be further dealt with according to law.

30 of 1958 5.3.

(2) Every such summons shall be served by a police officer, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the police officer or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons : Provided always that nothing herein con- tained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magis- trate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to

a-summons.

234

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