1988 Ed.]
Magistrates
[CAP. 227
9
warrant of appointment where such warrant limits jurisdiction or powers to be exercised by the person appointed shall be notified in the Gazette. (Amended, 48 of 1949, s. 3 and 3 of 1974, s. 2)
(2) A permanent magistrate shall exercise all the jurisdiction and powers conferred on a magistrate by any enactment in force in the Colony and also such jurisdiction and powers as may from time to time be conferred on a permanent magistrate.
(3) A special magistrate shall, subject to the provisions of his warrant of appointment, exercise all the jurisdiction conferred on a magistrate by any enactment in force in the Colony, but his powers of imposing imprisonment and fine shall, in the case of any enactment in force on 20 May 1949, be subject to the limitations as to the maximum term or terms of imprisonment and the maximum fine which such magistrate may lawfully impose under this Ordinance as amended from time to time and in the case of any enactment coming into force after 20 May 1949, be so subject unless such enactment expressly provides to the contrary.
(4) Any magistrate appointed under this section shall be a justice of the peace by virtue of his office.
(5) So long as any warrant of appointment of a magistrate issued under this section is in force and unrevoked, it shall continue to have effect notwithstanding his subsequent appointment to some other office.
(6) Any appointment made under the provisions of subsection (1) may be given effect from a date anterior to that of the warrant by which it is made:
Provided that nothing herein contained shall be deemed to authorize the discharge of any magisterial functions by any person so appointed before the date of the warrant or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled. (Added, 30 of 1958, s. 2. Amended, 20 of 1972, s. 24)
Marine magistrates
(Added, 24 of 1949, s. 3)
6. The Director of Marine and every assistant director of marine shall each of them be a marine magistrate, who, without prejudice to any other jurisdiction, power or authority possessed by a marine magistrate, shall have the power and authority of a special magistrate to hear and determine cases of assault and assault and battery where there is no intent to commit a felony; and the provisions of this Ordinance in relation to the procedure before a magistrate in such cases shall apply mutatis mutandis to cases before a marine magistrate.
(Amended, 24 of 1949, s. 4 and 55 of 1961, s. 2)
Powers of justices of the peace, etc.
7. (1) In every case where a magistrate may issue a warrant for the apprehension of any person, it shall be lawful for a justice of the peace, on the application of a police officer and on oath being made before him substantiating the matter of the information to his satisfaction, to issue such warrant in order that such person may be brought before a magistrate to be dealt with according to law.
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い
1988 Ed.]
Magistrates
[CAP. 227
9
warrant of appointment where such warrant limits jurisdiction or powers to be exercised by the person appointed shall be notified in the Gazette. (Amended, 48 of 1949, s. 3 and 3 of 1974, s. 2)
(2) A permanent magistrate shall exercise all the jurisdiction and powers conferred on a magistrate by any enactment in force in the Colony and also such jurisdiction and powers as may from time to time be conferred on a permanent magistrate.
(3) A special magistrate shall, subject to the provisions of his warrant of appointment, exercise all the jurisdiction conferred on a magistrate by any enactment in force in the Colony, but his powers of imposing imprisonment and fine shall, in the case of any enactment in force on 20 May 1949, be subject to the limitations as to the maximum term or terms of imprisonment and the maximum fine which such magistrate may lawfully impose under this Ordinance as amended from time to time and in the case of any enactment coming into force after 20 May 1949, be so subject unless such enactment expressly provides to the contrary.
(4) Any magistrate appointed under this section shall be a justice of the peace by virtue of his office.
(5) So long as any warrant of appointment of a magistrate issued under this section is in force and unrevoked, it shall continue to have effect notwith- standing his subsequent appointment to some other office.
(6) Any appointment made under the provisions of subsection (1) may be given effect from a date anterior to that of the warrant by which it is made:
Provided that nothing herein contained shall be deemed to authorize the discharge of any magisterial functions by any person so appointed before the date of the warrant or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled. (Added, 30 of 1958, s. 2. Amended, 20 of 1972, s. 24)
Marine magistrates
(Added, 24 of 1949, s. 3)
6. The Director of Marine and every assistant director of marine shall each of them be a marine magistrate, who, without prejudice to any other jurisdiction, power or authority possessed by a marine magistrate, shall have the power and authority of a special magistrate to hear and determine cases of assault and assault and battery where there is no intent to commit a felony; and the provisions of this Ordinance in relation to the procedure before a magistrate in such cases shall apply mutatis mutandis to cases before a marine magistrate.
(Amended, 24 of 1949, s. 4 and 55 of 1961, s. 2)
Powers of justices of the peace, etc.
7. (1) In every case where a magistrate may issue a warrant for the apprehension of any person, it shall be lawful for a justice of the peace, on the application of a police officer and on oath being made before him substantiating the matter of the information to his satisfaction, to issue such warrant in order that such person may be brought before a magistrate to be dealt with according to law.
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