1964_MAGISTRATES_ORDINANCE — Page 20

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Magistrates

[CAP. 227

19

(b) may adjourn the hearing under section 20 and if the defendant does not appear at the time and place to which the hearing is adjourned may issue a warrant to arrest the defendant and bring him before a magistrate; or

(c) may, upon the application of the complainant or informant, dismiss

the complaint or information. (Added, 18 of 1984, s. 4)

(Added, 36 of 1976, s. 5. Amended, 18 of 1984, s. 4)

Non-appearance of informant or complainant

18B. (1) Where at the hearing the defendant appears, but the complain- ant or informant does not appear, the magistrate—

(a) shall, if the defendant is brought before him by virtue of a warrant and the complainant or informant has not had adequate notice of the hearing, adjourn the hearing under section 20; and

(b) may, in any other case, dismiss the complaint or information or

adjourn the hearing under section 20.

(2) Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended, 18 of 1981, s. 3)

(Added, 36 of 1976, s. 5)

Non-appearance of either party

18C. (1) Where at the hearing neither the complainant or informant nor the defendant appears, the magistrate may---

(a) dismiss the information or complaint; or

(b) adjourn the hearing under section 20.

(2) Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same matter.

(Added, 36 of 1976, s. 5)

Appearance of both parties

18D. Where at the hearing both the complainant or informant and the defendant appear, the magistrate shall proceed to hear and determine the case. (Added, 36 of 1976, s. 5)

Plea of guilty by letter

18E. (1) Subject to subsection (3), the defendant may, in the case of an offence specified in the Third Schedule, plead guilty by letter addressed to the magistrate, and thereupon the magistrate may-

(a) proceed to hear and determine the case in the absence of the defendant in like manner as if the defendant had appeared before him and pleaded guilty:

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1988 Ed.] Magistrates [CAP. 227 19 (b) may adjourn the hearing under section 20 and if the defendant does not appear at the time and place to which the hearing is adjourned may issue a warrant to arrest the defendant and bring him before a magistrate; or (c) may, upon the application of the complainant or informant, dismiss the complaint or information. (Added, 18 of 1984, s. 4) (Added, 36 of 1976, s. 5. Amended, 18 of 1984, s. 4) Non-appearance of informant or complainant 18B. (1) Where at the hearing the defendant appears, but the complain- ant or informant does not appear, the magistrate— (a) shall, if the defendant is brought before him by virtue of a warrant and the complainant or informant has not had adequate notice of the hearing, adjourn the hearing under section 20; and (b) may, in any other case, dismiss the complaint or information or adjourn the hearing under section 20. (2) Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended, 18 of 1981, s. 3) (Added, 36 of 1976, s. 5) Non-appearance of either party 18C. (1) Where at the hearing neither the complainant or informant nor the defendant appears, the magistrate may--- (a) dismiss the information or complaint; or (b) adjourn the hearing under section 20. (2) Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same matter. (Added, 36 of 1976, s. 5) Appearance of both parties 18D. Where at the hearing both the complainant or informant and the defendant appear, the magistrate shall proceed to hear and determine the case. (Added, 36 of 1976, s. 5) Plea of guilty by letter 18E. (1) Subject to subsection (3), the defendant may, in the case of an offence specified in the Third Schedule, plead guilty by letter addressed to the magistrate, and thereupon the magistrate may- (a) proceed to hear and determine the case in the absence of the defendant in like manner as if the defendant had appeared before him and pleaded guilty: Page 20 Page 21
Baseline (Original)
1988 Ed.] Magistrates [CAP. 227 19 (b) may adjourn the hearing under section 20 and if the defendant does not appear at the time and place to which the hearing is adjourned may issue a warrant to arrest the defendant and bring him before a magistrate; or (c) may, upon the application of the complainant or informant, dismiss the complaint or information. (Added, 18 of 1984, s. 4) (Added, 36 of 1976, s. 5. Amended, 18 of 1984, s. 4) Non-appearance of informant or complainant 18B. (1) Where at the hearing the defendant appears, but the complain- ant or informant does not appear, the magistrate— (a) shall, if the defendant is brought before him by virtue of a warrant and the complainant or informant has not had adequate notice of the hearing, adjourn the hearing under section 20; and (b) may, in any other case, dismiss the complaint or information or adjourn the hearing under section 20. (2) Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended, 18 of 1981, s. 3) ( Added, 36 of 1976, s. 5) Non-appearance of either party 18C. (1) Where at the hearing neither the complainant or informant nor the defendant appears, the magistrate may--- (a) dismiss the information or complaint; or (b) adjourn the hearing under section 20. (2) Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same matter. (Added, 36 of 1976, s. 5) Appearance of both parties 18D. Where at the hearing both the complainant or informant and the defendant appear, the magistrate shall proceed to hear and determine the case. (Added, 36 of 1976, s. 5) Plea of guilty by letter 18E. (1) Subject to subsection (3), the defendant may, in the case of an offence specified in the Third Schedule, plead guilty by letter addressed to the magistrate, and thereupon the magistrate may- (a) proceed to hear and determine the case in the absence of the defendant in like manner as if the defendant had appeared before him and pleaded guilty: Page 20Page 21
2026-05-04 23:34:40 · Baseline
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1988 Ed.]

Magistrates

[CAP. 227

19

(b) may adjourn the hearing under section 20 and if the defendant does not appear at the time and place to which the hearing is adjourned may issue a warrant to arrest the defendant and bring him before a magistrate; or

(c) may, upon the application of the complainant or informant, dismiss

the complaint or information. (Added, 18 of 1984, s. 4)

(Added, 36 of 1976, s. 5. Amended, 18 of 1984, s. 4)

Non-appearance of informant or complainant

18B. (1) Where at the hearing the defendant appears, but the complain- ant or informant does not appear, the magistrate—

(a) shall, if the defendant is brought before him by virtue of a warrant and the complainant or informant has not had adequate notice of the hearing, adjourn the hearing under section 20; and

(b) may, in any other case, dismiss the complaint or information or

adjourn the hearing under section 20.

(2) Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended, 18 of 1981, s. 3)

( Added, 36 of 1976, s. 5)

Non-appearance of either party

18C. (1) Where at the hearing neither the complainant or informant nor the defendant appears, the magistrate may---

(a) dismiss the information or complaint; or

(b) adjourn the hearing under section 20.

(2) Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same matter.

(Added, 36 of 1976, s. 5)

Appearance of both parties

18D. Where at the hearing both the complainant or informant and the defendant appear, the magistrate shall proceed to hear and determine the case. (Added, 36 of 1976, s. 5)

Plea of guilty by letter

18E. (1) Subject to subsection (3), the defendant may, in the case of an offence specified in the Third Schedule, plead guilty by letter addressed to the magistrate, and thereupon the magistrate may-

(a) proceed to hear and determine the case in the absence of the defendant in like manner as if the defendant had appeared before him and pleaded guilty:

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