1964_MAGISTRATES_ORDINANCE — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

10

CAP. 227]

Magistrates

[1988 Ed.

(2) Any 2 justices of the peace to whom this subsection applies shall when sitting together have all the powers and jurisdiction conferred upon a special magistrate by this Ordinance:

Provided that such justices shall exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision. (Replaced, 24 of 1949, s. 5)

(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 subsection (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after 1 January in each year. (Added, 24 of 1949, s. 5. Amended, 48 of 1949, s. 4).

Assessors

7A. (1) A magistrate may hear and determine any proceedings, either wholly or in part, with the advice of one assessor selected by the Registrar of the Supreme Court from the panel of assessors referred to in subsection (2).

(2) For the purposes of subsection (1), the Chief Justice shall, after consultation with the Secretary for Home Affairs, appoint a panel of assessors and shall fix the fees which shall be paid to an assessor for his services.

(3) Notice of appointment of any person to the panel of assessors shall be published in the Gazette.

(4) The Chief Justice may give directions concerning the hearing and determining of any proceedings heard with an assessor.

(Added, 70 of 1978, s. 2)

Absence of assessor

7B. If at any time before the determination of any proceedings heard with an assessor, the assessor is prevented from attending the proceedings, or absents himself, the magistrate may continue to hear the proceedings in his absence.

(Added, 70 of 1978, s. 2)

Advice of assessors

7C. (1) Where a magistrate hears and determines any proceedings with an assessor, the assessor shall have the right to give advice to the magistrate.

(2) In determining any proceedings a magistrate shall not be bound by any advice given by an assessor.

(Added, 70 of 1978, s. 2)

PART II

PROCEDURE IN RESPECT OF SUMMARY OFFENCES

Notice of prosecution

7D. (1) Where the penalty which may be imposed upon conviction for an offence does not exceed a fine of $10,000 and imprisonment for 6 months


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10 CAP. 227] Magistrates [1988 Ed. (2) Any 2 justices of the peace to whom this subsection applies shall when sitting together have all the powers and jurisdiction conferred upon a special magistrate by this Ordinance: Provided that such justices shall exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision. (Replaced, 24 of 1949, s. 5) (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 subsection (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after 1 January in each year. (Added, 24 of 1949, s. 5. Amended, 48 of 1949, s. 4). Assessors 7A. (1) A magistrate may hear and determine any proceedings, either wholly or in part, with the advice of one assessor selected by the Registrar of the Supreme Court from the panel of assessors referred to in subsection (2). (2) For the purposes of subsection (1), the Chief Justice shall, after consultation with the Secretary for Home Affairs, appoint a panel of assessors and shall fix the fees which shall be paid to an assessor for his services. (3) Notice of appointment of any person to the panel of assessors shall be published in the Gazette. (4) The Chief Justice may give directions concerning the hearing and determining of any proceedings heard with an assessor. (Added, 70 of 1978, s. 2) Absence of assessor 7B. If at any time before the determination of any proceedings heard with an assessor, the assessor is prevented from attending the proceedings, or absents himself, the magistrate may continue to hear the proceedings in his absence. (Added, 70 of 1978, s. 2) Advice of assessors 7C. (1) Where a magistrate hears and determines any proceedings with an assessor, the assessor shall have the right to give advice to the magistrate. (2) In determining any proceedings a magistrate shall not be bound by any advice given by an assessor. (Added, 70 of 1978, s. 2) PART II PROCEDURE IN RESPECT OF SUMMARY OFFENCES Notice of prosecution 7D. (1) Where the penalty which may be imposed upon conviction for an offence does not exceed a fine of $10,000 and imprisonment for 6 months C > C
Baseline (Original)
10 CAP. 227] Magistrates [1988 Ed. (2) Any 2 justices of the peace to whom this subsection applies shall when sitting together have all the powers and jurisdiction conferred upon a special magistrate by this Ordinance: Provided that such justices shall exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision. (Replaced, 24 of 1949, s. 5) (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 subsec- tion (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after 1 January in each year. (Added, 24 of 1949, s. 5. Amended, 48 of 1949, s. 4) . Assessors 7A. (1) A magistrate may hear and determine any proceedings, either wholly or in part, with the advice of one assessor selected by the Registrar of the Supreme Court from the panel of assessors referred to in subsection (2). (2) For the purposes of subsection (1), the Chief Justice shall, after consultation with the Secretary for Home Affairs, appoint a panel of assessors and shall fix the fees which shall be paid to an assessor for his services. (3) Notice of appointment of any person to the panel of assessors shall be published in the Gazette. (4) The Chief Justice may give directions concerning the hearing and determining of any proceedings heard with an assessor. (Added, 70 of 1978, s. 2) Absence of assessor 7B. If at any time before the determination of any proceedings heard with an assessor, the assessor is prevented from attending the proceedings, or absents himself, the magistrate may continue to hear the proceedings in his absence. (Added, 70 of 1978, s. 2) Advice of assessors 7C. (1) Where a magistrate hears and determines any proceedings with an assessor, the assessor shall have the right to give advice to the magistrate. (2) In determining any proceedings a magistrate shall not be bound by any advice given by an assessor. (Added, 70 of 1978, s. 2) PART II PROCEDURE IN RESPECT OF SUMMARY OFFENCES Notice of prosecution 7D. (1) Where the penalty which may be imposed upon conviction for an offence does not exceed a fine of $10,000 and imprisonment for 6 months C > C
2026-05-04 23:33:25 · Baseline
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10

CAP. 227]

Magistrates

[1988 Ed.

(2) Any 2 justices of the peace to whom this subsection applies shall when sitting together have all the powers and jurisdiction conferred upon a special magistrate by this Ordinance:

Provided that such justices shall exercise their powers and discharge their duties in conformity with any direction given by the Chief Justice and under his general control and supervision. (Replaced, 24 of 1949, s. 5)

(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 subsec- tion (2). A list of such justices shall be published in the Gazette as soon as conveniently may be after 1 January in each year. (Added, 24 of 1949, s. 5. Amended, 48 of 1949, s. 4) .

Assessors

7A. (1) A magistrate may hear and determine any proceedings, either wholly or in part, with the advice of one assessor selected by the Registrar of the Supreme Court from the panel of assessors referred to in subsection (2).

(2) For the purposes of subsection (1), the Chief Justice shall, after consultation with the Secretary for Home Affairs, appoint a panel of assessors and shall fix the fees which shall be paid to an assessor for his services.

(3) Notice of appointment of any person to the panel of assessors shall be published in the Gazette.

(4) The Chief Justice may give directions concerning the hearing and determining of any proceedings heard with an assessor.

(Added, 70 of 1978, s. 2)

Absence of assessor

7B. If at any time before the determination of any proceedings heard with an assessor, the assessor is prevented from attending the proceedings, or absents himself, the magistrate may continue to hear the proceedings in his absence.

(Added, 70 of 1978, s. 2)

Advice of assessors

7C. (1) Where a magistrate hears and determines any proceedings with an assessor, the assessor shall have the right to give advice to the magistrate.

(2) In determining any proceedings a magistrate shall not be bound by any advice given by an assessor.

(Added, 70 of 1978, s. 2)

PART II

PROCEDURE IN RESPECT OF SUMMARY OFFENCES

Notice of prosecution

7D. (1) Where the penalty which may be imposed upon conviction for an offence does not exceed a fine of $10,000 and imprisonment for 6 months

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