1984 Ed.]
Magistrates (Forms) Rules
[CAP. 227
C 37
[Subsidiary]
[ss. 28, 41 & 65.]
FORM 38
Adjudication of forfeiture of recognizance where person bound as principal has been convicted of an offence which is a breach of the condition
HONG KONG.
IN THE MAGISTRATE'S COURT AT
Before
1
, Esquire, a magistrate of the said Colony.
sitting at the said court.
The
day of
19
entered into the
the sum of
that
(hereinafter called the defendant) was by his recognizance
day of
19
bound in the condition of the recognizance being of
should [state condition of
recognizance]; and proof having been given that the said
has been convicted of the offence of having [state offence], being an offence which is in law a breach of the condition of the said recognizance:
Therefore it is adjudged that the said recognizance is forfeited, and that the defendant
do pay to the magistrates' clerk [or other person specified] the said sum of
and do also pay to
the sum of
(or on or before the
of
for costs; and it is ordered that the said sums be paid forthwith
day of
19
or by instalments for every
days, the first instalment to
day of
be paid forthwith or on or before the 19); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in conviction for fine to be levied by distress, or omit as the case may be].
[L.S.]
HONG KONG.
Magistrate.
FORM 39
Order cancelling or mitigating forfeiture of recognizance (To be endorsed on recognizance)
IN THE MAGISTRATE'S COURT AT
[ss. 28 & 65.]
Before
sitting at the said court.
A warrant of distress was, on the
issued for levying the sum of
, Esquire, a magistrate of the said Colony,
day of
19
declared to be forfeited
under the within-written recognizance, but no goods have been sold thereunder; and the said
has applied to me, the undersigned, to cancel (or mitigate) the forfeiture of the said recognizance, and has given security to my satisfaction for the future performance of the condition of the said recognizance, and has paid (or given security for payment of) the costs incurred in respect of the forfeiture thereof (or insert such other condition as the magistrate may think just]:
Therefore the said forfeiture is hereby cancelled (or mitigated to the sum
of
).
Dated this
[L.S.]
day of
19
Magistrate.
1984 Ed.]
Magistrates (Forms) Rules
[CAP. 227
C 37
[Subsidiary]
[ss. 28, 41 & 65.]
FORM 38
Adjudication of forfeiture of recognizance where person bound as principal has been convicted of an offence which is a breach of the condition
HONG KONG.
IN THE MAGISTRATE'S COURT AT
Before
1
, Esquire, a magistrate of the said Colony.
sitting at the said court.
The
day of
19
entered into the
•
the sum of
that
(hereinafter called the defendant) was by his recognizance
day of
19
bound in the condition of the recognizance being of
should [state condition of
has
recognizance]; and proof having been given that the said been convicted of the offence of having [state offence], being an offence which is in law a breach of the condition of the said recognizance:
Therefore it is adjudged that the said recognizance is forfeited, and that the defendant to pay to the magistrates' clerk [or other person specified] the said sum of
and do also pay to
the sum of
(or on or before the of
for costs; and it is ordered that the said sums be paid forthwith
day of
19
or by instalments for every
days, the first instalment to day of
be paid forthwith or on or before the 19 ); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in conviction for fine to be levied by distress, or omit as the case may bel.
[L.S.]
HONG KONG.
Magistrate.
FORM 39
Order cancelling or mitigating forfeiture of recognizance (To be endorsed on recognizance)
IN THE MAGistrate's COURT AT
[ss. 28 & 65.]
Before
sitting at the said court.
A warrant of distress was, on the issued for levying the sum of
, Esquire, a magistrate of the said Colony,
day of
19 declared to be forfeited
under the within-written recognizance, but no goods have been sold thereunder; and the said
has applied to me, the undersigned, to cancel (or mitigate) the forfeiture of the said recognizance, and has given security to my satisfaction for the future performance of the condition of the said recognizance, and has paid (or given security for payment of) the costs incurred in respect of the forfeiture thereof (or insert such other condition as the magistrate may think just]:
Therefore the said forfeiture is hereby cancelled (or mitigated to the sum
of
}.
Dated this
[L.S.]
day of
19
Magistrate.
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