1964_MAGISTRATES_ORDINANCE — Page 26

1988 Ed.]

Magistrates

[CAP. 227

25

Limit of time for complaint or information

26. In any case of an offence, other than an indictable offence, where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect of such offence, such complaint shall be made or such information laid within 6 months from the time when the matter of such complaint or information respectively arose.

[cf. U.K. 1848 c. 43, s. 11]

Limitation of time in respect of certain summary offences concerning aviation

26A. (1) Notwithstanding section 26, in the case of an offence (other than an indictable offence) against any Order in Council in force under section 8 of the Civil Aviation Act 1949 as applied to Hong Kong by Article 3 of the Civil Aviation Act 1949 (Overseas Territories) Order 1969*, or against any regula- tions made under such an Order in Council, a complaint may be made or an in- formation may be laid in respect of the offence within 12 months from the commission of the offence, if

(a) it was committed in connection with the flight of an aircraft in the

course of which an accident occurred; and

(b) not more than 6 months after the commission of the offence-

(i) public notice has been given that an investigation into the accident is being carried out in accordance with the Hong Kong Civil Aviation (Investigation of Accidents) Regulations**; or

(ii) the Governor has directed under regulation 16 of the Hong Kong Civil Navigation (Investigation of Accidents) Regulations that a public inquiry into the accident be held in accordance with those regulations.

(2) The fact that any direction referred to in subsection (1)(b)(ii) has been given on any date may be proved by the production of a certificate to that effect purporting to be signed by the Chief Secretary.

(3) For the purposes of this section—

(a) the flight of an aircraft shall include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termina- tion of that flight ends; and

(b) "accident" includes any fortuitous or unexpected event by which the

safety of an aircraft or any person is threatened.

Defects in and amendment of complaint, information or

summons

(Added, 91 of 1970, s. 4) [cf. U.K. 1968 c. 61, s. 23]

27. (1) Where it appears to the adjudicating magistrate that there is- (a) a defect in the substance or form of any complaint, information or

summons; or

* See App. III, p. CY 1. ** See App. I, p. L 1.