1964_MAGISTRATES_ORDINANCE — Page 31

HK Historical Laws 香港歷史法例 All AI Reviewed

30

CAP. 227]

Magistrates

[1988 Ed.

(4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by rules made under section 133.

(5) [Repealed, 14 of 1979, s. 2]

[cf. U.K. 1879 c. 49, s. 22]

Inspection etc. of minute and register

35A. (1) Every minute taken under section 34(1) and every register kept under section 35(1) shall be open for inspection without fee or reward by--

(a) the Chief Justice;

(b) the Registrar;

(c) a magistrate;

(d) any party to the proceedings to which the minute relates or which may be recorded in the register;

(e) the Attorney General;

(Amended, 54 of 1984, s. 28)

(f) the Director of Legal Aid. (Added, 54 of 1984, s. 28)

(2) Where a person is entitled under subsection (1) to inspect a minute or register, he shall also be entitled, subject to subsection (3), to have supplied to him by the magistrates' clerk a typewritten copy of the minute or of the relevant extract from the register, as the case may be.

(3) Where a person other than the Chief Justice, the Registrar, a magistrate, the Attorney General or the Director of Legal Aid applies under subsection (2) for a copy of a minute or of an extract from a register he shall, before he becomes entitled to have the copy supplied to him, pay to the magistrates' clerk or other proper officer such fee as may be prescribed. (Amended, 54 of 1984, s. 28)

(Added, 14 of 1979, s. 3)

Special provisions

Power to permit conditional release of offenders

36. (1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, the magistrate, after conviction, may make an order either—

(a) discharging the offender absolutely; or

(b) discharging the offender conditionally on his entering into a recognizance, with or without sureties, in a sum not greater than $2,000, to be

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30 CAP. 227] Magistrates [1988 Ed. (4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by rules made under section 133. (5) [Repealed, 14 of 1979, s. 2] [cf. U.K. 1879 c. 49, s. 22] Inspection etc. of minute and register 35A. (1) Every minute taken under section 34(1) and every register kept under section 35(1) shall be open for inspection without fee or reward by-- (a) the Chief Justice; (b) the Registrar; (c) a magistrate; (d) any party to the proceedings to which the minute relates or which may be recorded in the register; (e) the Attorney General; (Amended, 54 of 1984, s. 28) (f) the Director of Legal Aid. (Added, 54 of 1984, s. 28) (2) Where a person is entitled under subsection (1) to inspect a minute or register, he shall also be entitled, subject to subsection (3), to have supplied to him by the magistrates' clerk a typewritten copy of the minute or of the relevant extract from the register, as the case may be. (3) Where a person other than the Chief Justice, the Registrar, a magistrate, the Attorney General or the Director of Legal Aid applies under subsection (2) for a copy of a minute or of an extract from a register he shall, before he becomes entitled to have the copy supplied to him, pay to the magistrates' clerk or other proper officer such fee as may be prescribed. (Amended, 54 of 1984, s. 28) (Added, 14 of 1979, s. 3) Special provisions Power to permit conditional release of offenders 36. (1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, the magistrate, after conviction, may make an order either— (a) discharging the offender absolutely; or (b) discharging the offender conditionally on his entering into a recognizance, with or without sureties, in a sum not greater than $2,000, to be
Baseline (Original)
30 CAP. 227] Magistrates [1988 Ed. (4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenti- cated in the manner directed by rules made under section 133. (5) [Repealed, 14 of 1979, s. 2] [cf. U.K. 1879 c. 49, s. 22] Inspection etc. of minute and register 35A. (1) Every minute taken under section 34(1) and every register kept under section 35(1) shall be open for inspection without fee or reward by-- (a) the Chief Justice; (b) the Registrar; (c) a magistrate; (d) any party to the proceedings to which the minute relates or which may be recorded in the register; (e) the Attorney General; (Amended, 54 of 1984, s. 28) (f) the Director of Legal Aid. (Added, 54 of 1984, s. 28) (2) Where a person is entitled under subsection (1) to inspect a minute or register, he shall also be entitled, subject to subsection (3), to have supplied to him by the magistrates' clerk a typewritten copy of the minute or of the relevant extract from the register, as the case may be. (3) Where a person other than the Chief Justice, the Registrar, a magis- trate, the Attorney General or the Director of Legal Aid applies under subsec- tion (2) for a copy of a minute or of an extract from a register he shall, before he becomes entitled to have the copy supplied to him, pay to the magistrates' clerk or other proper officer such fee as may be prescribed. (Amended, 54 of 1984, s. 28) (Added, 14 of 1979, s. 3) Special provisions Power to permit conditional release of offenders 36. (1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, the magistrate, after conviction, may make an order either— (a) discharging the offender absolutely; or (b) discharging the offender conditionally on his entering into a recogniz- ance, with or without sureties, in a sum not greater than $2,000, to be
2026-05-04 23:36:14 · Baseline
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30

CAP. 227]

Magistrates

[1988 Ed.

(4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenti- cated in the manner directed by rules made under section 133.

(5) [Repealed, 14 of 1979, s. 2]

[cf. U.K. 1879 c. 49, s. 22]

Inspection etc. of minute and register

35A. (1) Every minute taken under section 34(1) and every register kept under section 35(1) shall be open for inspection without fee or reward by--

(a) the Chief Justice;

(b) the Registrar;

(c) a magistrate;

(d) any party to the proceedings to which the minute relates or which may

be recorded in the register;

(e) the Attorney General;

(Amended, 54 of 1984, s. 28)

(f) the Director of Legal Aid. (Added, 54 of 1984, s. 28)

(2) Where a person is entitled under subsection (1) to inspect a minute or register, he shall also be entitled, subject to subsection (3), to have supplied to him by the magistrates' clerk a typewritten copy of the minute or of the relevant extract from the register, as the case may be.

(3) Where a person other than the Chief Justice, the Registrar, a magis- trate, the Attorney General or the Director of Legal Aid applies under subsec- tion (2) for a copy of a minute or of an extract from a register he shall, before he becomes entitled to have the copy supplied to him, pay to the magistrates' clerk or other proper officer such fee as may be prescribed. (Amended, 54 of 1984, s. 28)

(Added, 14 of 1979, s. 3)

Special provisions

Power to permit conditional release of offenders

36. (1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, the magistrate, after conviction, may make an order either—

(a) discharging the offender absolutely; or

(b) discharging the offender conditionally on his entering into a recogniz- ance, with or without sureties, in a sum not greater than $2,000, to be

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