1964_MAGISTRATES_ORDINANCE — Page 28

1988 Ed.]

C

Magistrates

[CAP. 227

27

of an order to be made under the authority of any past Ordinance or statute, whether any particular form of order is therein given or not, it shall be lawful for the magistrate by whom such order is to be made to draw up the same in such one of the forms of orders in the rules made under this Ordinance as may be applicable to such case or to the like effect. (See Forms 27, 30-34, 38, 39)

(3) Such convictions and orders shall not be drawn up unless for an appeal or some other legal purpose. (Added, 2 of 1955, s. 3) [cf. U.K. Summary Jurisdiction Rules, 1915, r. 53]

[cf. U.K. 1848 c. 43, s. 17]

Proof of previous convictions

29. Otherwise than in a court sitting in manner provided in section 3 of the Juvenile Offenders Ordinance (Cap. 226), where a magistrate-

(a) has convicted any person; or

(b) has made an order against any person for the payment of money or otherwise,

and it is proved to the satisfaction of the magistrate, on oath or in the prescribed manner, that not less than 7 days previously a notice was served on such person in the prescribed form and in the manner prescribed in section 8(2)(a) for the service of a summons specifying any alleged previous conviction of such person of a summary offence proposed to be brought to the notice of the magistrate in the event of the conviction of such person of the offence charged, and such person is not present in person before the magistrate, the magistrate may take account of any such previous conviction so specified as if such person had appeared and admitted it.

Proof by declaration of service of process and of handwriting, etc.

(Added, 30 of 1958, s. 5)

30. In a proceeding before a magistrate, without prejudice to any other mode of proof, service on a person of any summons, notice, process or document required or authorized to be served, and the handwriting and seal of a magistrate or other officer or person on any warrant, summons, notice, process or document, may be proved by a solemn declaration taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceedings without proof of the signature or official character of the person or persons taking or signing the same.

Form and execution of warrant, etc.

(See Forms 44, 45) [cf. U.K. 1879 c. 49, s. 41]

31. (1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within the Colony.

(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable