1988 Ed.]
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(iv) the time and place at which the person on whom the notice is served is required to appear.
(3) If a person upon whom a notice under subsection (1) has been served fails to appear before a magistrate at the time and place mentioned in the notice, and it is made to appear to the magistrate by oath that the notice was served on that person personally, the magistrate may issue his warrant for the apprehension of that person and to bring that person before him or another magistrate to be dealt with according to law. (See Form 2A)
(4) If a person upon whom a notice under subsection (1) has been served appears before a magistrate in accordance with the notice, or is brought before a magistrate by a warrant issued under subsection (3), the magistrate may hear and determine the offence alleged in the notice as if a complaint has been made or an information has been laid against that person in respect of the offence and for such purposes, the provisions under this Ordinance relating to hearing of complaint or information and the proceedings thereon shall apply mutatis mutandis.
(5) If a person upon whom a notice under subsection (1) has been served is brought before a magistrate by a warrant issued under subsection (3), the magistrate shall order that person to pay costs of not less than $80 and not more than $1,500, whether or not he is convicted of the offence alleged in the notice: (Amended, 18 of 1984, s. 3)
Provided that no order shall be made where the magistrate is satisfied that exceptional circumstances existed which rendered it inequitable to require compliance with the notice.
(6) Any costs ordered to be paid under subsection (5) shall be recoverable under section 69(2) in the same manner as costs awarded under section 69(1).
(7) Notwithstanding anything to the contrary in this Ordinance, a magistrate may permit a representative to appear on behalf of a person upon whom a notice under subsection (1) has been served where such representative satisfies the magistrate that he is authorized to enter a plea of guilty and is himself able to pay any fine imposed.
Issue of warrant in first instance or subsequently
(Added, 59 of 1972, s. 2)
9. (1) Where a complaint or information laid before a magistrate is substantiated by oath before him, the magistrate may, in the first instance or notwithstanding that a summons has been previously issued, issue a warrant to arrest the defendant and bring him before a magistrate to answer to the complaint or information. (See Form 4)
(2) Where a defendant is arrested under a warrant issued under subsection (1), he shall be brought before a magistrate, who may adjourn the hearing and deal with the defendant in accordance with section 20.
(Replaced, 36 of 1976, s. 3)
Manner of making complaint or laying information
10. (1) Every complaint and every information under this Part, unless some Ordinance or statute otherwise requires, may respectively be made or laid
1988 Ed.]
Magistrates
[CAP. 227
15
(iv) the time and place at which the person on whom the notice is served is required to appear.
(3) If a person upon whom a notice under subsection (1) has been served fails to appear before a magistrate at the time and place mentioned in the notice, and it is made to appear to the magistrate by oath that the notice was served on that person personally, the magistrate may issue his warrant for the apprehen- sion of that person and to bring that person before him or another magistrate to be dealt with according to law. (See Form 2A)
(4) If a person upon whom a notice under subsection (1) has been served appears before a magistrate in accordance with the notice, or is brought before a magistrate by a warrant issued under subsection (3), the magistrate may hear and determine the offence alleged in the notice as if a complaint has been made or an information has been laid against that person in respect of the offence and for such purposes, the provisions under this Ordinance relating to hearing of complaint or information and the proceedings thereon shall apply mutatis mutandis.
(5) If a person upon whom a notice under subsection (1) has been served is brought before a magistrate by a warrant issued under subsection (3), the magistrate shall order that person to pay costs of not less than $80 and not more than $1,500, whether or not he is convicted of the offence alleged in the notice: (Amended, 18 of 1984, s. 3)
Provided that no order shall be made where the magistrate is satisfied that exceptional circumstances existed which rendered it inequitable to require compliance with the notice.
(6) Any costs ordered to be paid under subsection (5) shall be recoverable under section 69(2) in the same manner as costs awarded under section 69(1).
(7) Notwithstanding anything to the contrary in this Ordinance, a magis- trate may permit a representative to appear on behalf of a person upon whom a notice under subsection (1) has been served where such representative satisfies the magistrate that he is authorized to enter a plea of guilty and is himself able to pay any fine imposed.
Issue of warrant in first instance or subsequently
(Added, 59 of 1972, s. 2)
9. (1) Where a complaint or information laid before a magistrate is substantiated by oath before him, the magistrate may, in the first instance or notwithstanding that a summons has been previously issued, issue a warrant to arrest the defendant and bring him before a magistrate to answer to the complaint or information. (See Form 4)
(2) Where a defendant is arrested under a warrant issued under subsec- tion (1), he shall be brought before a magistrate, who may adjourn the hearing and deal with the defendant in accordance with section 20.
(Replaced, 36 of 1976, s. 3)
Manner of making complaint or laying information
10. (1) Every complaint and every information under this Part, unless some Ordinance or statute otherwise requires, may respectively be made or laid
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