1964_MAGISTRATES_(FORMS)_RULES — Page 33

1984 Ed.]

Magistrates (Forms) Rules

[CAP. 227

C 33

[Subsidiary]

FORM 31

[ss. 28 & 41.]

Order for any matter (other than the payment of a civil debt) where disobedience to the order is punishable by imprisonment

HONG KONG.

IN THE MAGISTRATE'S COURT AT

Before

Esquire, a magistrate of the said Colony.

sitting at the said court.

The

day of

19

having made a complaint that

(hereinafter

called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared for the said

having appeared but the defendant, although duly called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me upon oath (or declaration) that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law); and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do [state the matter required to be done]; and if, on a copy of a minute of this order being served on the defendant, either personally or by leaving it for him at his last or most usual place of abode, he refuses or neglects to obey this order, then it is adjudged that the defendant for such his disobedience be imprisoned in a prison in the said Colony for the space of

unless the said order shall be sooner obeyed [if the Ordinance or statute authorizes this]; and it is also adjudged and ordered that the defendant do pay to the complainant the sum of for his costs in this behalf forthwith (or on the

19

+

day of

or by instalments, etc.); and if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is adjudged that the defendant be imprisoned in a prison for the space of commence at and from the termination of his imprisonment aforesaid unless the said sum, and all costs and charges of the said distress, shall be sooner paid.

to

[L.S.]

Magistrate.

HONG KONG

IN THE MAGISTRATE'S COURT AT

FORM 32

[ss. 19, 28, 41 & 69.]

Order of dismissal of an information or complaint

M

Esquire, a magistrate of the said Colony.

day of

19

Before sitting at the said court.

The

Information was laid (or complaint was made) before the undersigned for that [etc. as in the summons to the defendant] and both the said parties having appeared before me in order that I should hear and determine the said information (or complaint) (or the defendant having appeared before me, but the said although duly called, not having appeared); and the matter of the said information (or complaint) being by me duly considered, it appears to me that the said information (or complaint) is not proved, and it is therefore dismissed; and it is adjudged that the said

do pay to the defendant the sum of

for his costs incurred by him in his defence in this behalf; and if the said sum for costs is not paid forthwith (or on or before the

19

day of

), it is ordered that the same be levied by distress and sale of the goods and chattels of the said

and in default of sufficient distress in that behalf

it is adjudged that the said

Colony for the space of

be imprisoned in a prison in the said unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid.

[L.S.]

Magistrate.