C 34
[Subsidiary]
CAP. 227]
Magistrates (Forms) Rules
[1984 Ed.
HONG KONG.
Before
FORM 33
Order discharging offender but directing him to pay damages or costs or both
sitting at the said court.
The
IN THE MAGISTRATE'S COURT AT
day of
Iss. 28, 36 & 41.]
Z
Esquire, a magistrate of the said Colony,
19
19
at
*
(hereinafter called the defendant) has been charged on the information (or complaint) of
for that he, on the
day of
[state offence]; and being of opinion that though the said charge is proved, the offence was of so trivial a nature (or having regard to the character, antecedents, age, health or mental condition of the defendant or any other extenuating circumstances as the case may be) that it is inexpedient to inflict any punishment, I do therefore hereby discharge the offender.
[If payment of damages or costs is ordered proceed as follows]— and it is ordered that the defendant do pay to the said damages and
be paid forthwith (or on or before the 19
*
or by instalments of
for
for costs; and it is ordered that the said sums
day of
for every
days.
day
the first instalment to be paid forthwith or on or before the of
19); and if default is made [proceed as in form of conviction for fine to be levied by distress].
(1.5]
FORM 34
Magistrate.
[ss. 28, 36, 41 & 61.]
Order to enter into recognizance to keep the peace or to be of good behaviour
IN THE MAGISTRATE'S COURT AT
HONG KONG.
Before sitting at the said court.
The
day of
Esquire, a magistrate of the said Colony,
19
having made 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 defendant having appeared, and on hearing the matter of the complaint, it is this day adjudged and ordered that the defendant do forthwith duly enter into a recognizance in the sum of
with
surely
in the sum of [each] to keep the peace or be of good behaviour, towards the complainant, for the term of
now next ensuing; and, if the defendant fails to comply with this order it is adjudged that he be imprisoned in a prison in the said Colony for the space of
unless he shall sooner comply
with this order.
[If costs are ordered proceed as follows]—
the sum of
day of
19
and it is also adjudged and ordered that the defendant do pay to the said for costs forthwith (or on or before the
or by instalments, etc.); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in form of conviction for fine to be levied by distress].
[LS.]
Magistrate.
C 34
[Subsidiary]
CAP. 227]
Magistrates (Forms) Rules
[1984 Ed.
HONG KONG.
Before
FORM 33
Order discharging offender but directing him to pay damages or costs or both
sitting at the said court.
The
IN THE MAGISTRATE'S COURT AT
day of
Iss. 28, 36 & 41.]
Z
Esquire. a magistrate of the said Colony,
19
19
at
*
(hereinafter called the defendant) has been charged on the information (or complaint) of
for that he, on the
day of
[state offence]; and being of opinion that though the said charge is proved, the offence was of so trivial a nature (or having regard to the character, antecedents, age, health or mental condition of the defendant or any other extenuating circumstances as the case may be) that it is inexpedient to inflict any punishment, I do therefore hereby discharge the offender.
[If payment of damages or costs is ordered proceed as follows]— and it is ordered that the defendant do pay to the said damages and
be paid forthwith (or on or before the 19
*
or by instalments of
for
for costs; and it is ordered that the said sums
day of
for every
days.
day
the first instalment to be paid forthwith or on or before the of
19 ); and if default is made [proceed as in form of conviction for fine to be levied by distress].
(1.5]
FORM 34
Magistrate.
[ss. 28. 36. 41 & 61.]
Order to enter into recognizance to keep the peace or to be of good behaviour
IN THE MAGISTRATE ́S COURT AT
HONG KONG.
Before sitting at the said court.
The
day of
Esquire, a magistrate of the said Colony,
19
having made complaint that
(hereinafte
called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the defendant having appeared. and on hearing the matter of the complaint, it is this day adjudged and ordered that the defendant do forthwith duly enter into a recognizance in the sum of
with
surely
in the sum of [each) to keep the peace or be of good behaviour, towards the complainant, for the term of
now next ensuing; and, if the defendant fails to comply with this order it is adjudged that he be imprisoned in a prison in the said Colony for the space of
unless he shall sooner comply
with this order.
[If costs are ordered proceed as follows]—
the sum of
day of
19
and it is also adjudged and ordered that the defendant do pay to the said for costs forthwith (or on or before the
or by instalments, etc.); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in form of conviction for fine to be levied by distress).
[LS.]
Magistrate.
1
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