1964_MAGISTRATES_ORDINANCE — Page 50

C

1988 Ed.]

C

Magistrates

[CAP. 227

49

(c) copies of documentary exhibits; and

(d) a list of exhibits.

(2) A statement of a witness of which a copy is served under subsection (1) shall-

(a) be signed by the person who made it;

(b) contain a declaration by the witness to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that the making of a false statement is a criminal offence under section 33 of the Crimes Ordinance (Cap. 200);

(c) if in a language other than English, be accompanied by an English translation and, if in a language other than Chinese, be accompanied by a Chinese translation;

(d) if made by a person under 21, give his age;

(e) purport to have been read over to the person who made the statement in the language used by that person in making the statement or to have been read by that person.

(3) A documentary exhibit of which a copy is served under subsection (1) shall, if written in a language other than English, be accompanied by an English translation certified under section 27 of the Evidence Ordinance (Cap. 8) and, unless the magistrate on cause shown otherwise directs, if written in a language other than Chinese, be accompanied by a Chinese translation.

(4) An exhibit which is mentioned in the list of exhibits served under subsection (1) shall be clearly identified in a statement of a witness of which a copy is served under that subsection and the accused or his legal representative shall be given reasonable opportunity to examine any such exhibit.

(5) Failure to comply with the requirements of subsections (2), (3) and (4) shall not render the service of any documents under subsection (1) ineffective or prevent such documents being handed into court under the provisions of section 80C(1) or admitted in evidence under the provisions of section 81A(1) provided that the magistrate is satisfied that accused is not prejudiced by such failure.

(6) If the documents specified in subsection (1) are served on the accused outside the period which is specified in that subsection, such service shall not thereby be ineffective; but on the return day the magistrate shall adjourn the proceedings to such later day as will ensure that the requirements of subsection (1) are satisfied unless the accused consents to a shorter adjournment or the continuation of proceedings without an adjournment.

(Added, 48 of 1983, s. 3)

Procedure on return day

80C. (1) When the accused appears or is brought before the magistrate on the return day the prosecutor shall, if the requirements of section 80B(1) are satisfied, hand into court the originals of the documents referred to in that section and the magistrate shall then inform the accused that—--

(a) the prosecutor seeks his committal; and

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