1964_MAGISTRATES_ORDINANCE — Page 27

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CAP. 227]

Magistrates

[1988 Ed.

(b) a variance between the complaint, information or summons and the

evidence adduced in support of it,

he shall, subject to subsection (2)--

(i) amend the complaint, information or summons if he is satisfied that

no injustice would be caused by that amendment; or

(ii) dismiss the complaint, information or summons.

(2) The adjudicating magistrate shall amend the complaint, information or summons where-

(a) the defect or variance mentioned in subsection (1) is not material; or (b) any injustice which might otherwise be caused by an amendment would be cured by an order as to costs, an adjournment or leave to recall and further examine witnesses or call other witnesses.

(3) Following an amendment to a complaint, information or summons, the adjudicating magistrate shall-

(a) read and explain the amended complaint, information or summons to

the defendant;

(b) give leave to the parties to call or recall and further examine such witnesses as may be reasonably required by a party having regard to the nature of the amendment;

(c) grant such adjournment as may be reasonably necessary to enable the

parties to call or recall witnesses and to prepare their cases;

(d) if he thinks fit, make an order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as may be occasioned by the amendment; and

(e) give judgment upon the substantial merits and facts of the case as proved before him, having regard to the offence charged in the complaint, information or summons as amended:

Provided that, if the amendment is made after the case for the complainant or informant is closed, no further evidence may be called by the complainant or informant other than evidence that would, apart from this section, be admissible in rebuttal.

(4) In this section, “amend” includes the substitution of another offence in place of that alleged in the complaint, information or summons.

Form of conviction and order

(Replaced, 5 of 1987, s. 2)

28. (1) In every case of a conviction where no particular form of such conviction is given by the Ordinance or statute creating the offence or regulating the prosecution for the same, and in every case of a conviction upon any past Ordinance or statute, whether any particular form of conviction is therein given or not, it shall be lawful for the magistrate who so convicts to draw up his conviction in such one of the forms of conviction in the rules made under this Ordinance as may be applicable to such case or to the like effect. (See Forms 20-26)

(2) Where an order is made, and no particular form of order is given by the Ordinance or statute giving authority to make such order, and in every case

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