1964_MAGISTRATES_ORDINANCE — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Magistrates

[CAP. 227

5

Section

Page

Bail

102. Provisions relating to bail.

65

103. Warrant of deliverance where accused is in prison when bail granted.

66

Rehearing

104. Review of decision by magistrate

66

104A. Evidence in proceedings for return of fugitive offender Evidence in absence of accused in proceedings for his return to Hong Kong

67

PART VII

APPEALS

Appeal by way of case stated

105. Application to state case on point of law

68

106. Transmission of case to Registrar and notice to respondent

68

107. Amendment of case by magistrate.

68

108. Setting down case for argument

69

109. Judge may send case back for amendment.

69

110. Giving of security by appellant and fees for appeals under section 105.

69

111. Refusal to state or amend a case

70

112. Compelling magistrate to state or amend a case.

70

Alternative procedure

113. Right of appeal from magistrate in any matter

70

114. Procedure for appeals under section 113 prior to entry of appeal

70

114A. Extension of time for giving notice of appeal under section 114

71

General provisions as to appeals

115. Service and notice.

72

116. Provision as to entry of appeal.

72

117. Abandonment of appeal.

73

118. Procedure on hearing appeal.

74

119. Release from custody by a magistrate and powers of the judge on appeal.

75

120. Provisions as to costs.

75

121. Provisions as to forfeited recognizances

76

122. Treatment of appellants pending appeal or re-hearing.

77

123. Right of Attorney General to substitute himself as a party in appeals in certain cases.

77

124. Provisions for costs in cases where the Attorney General has intervened.

78

PART VIII

PROTECTION OF MAGISTRATES

125. Action against magistrate for act within his jurisdiction

78

126. Action for act done without or in excess of jurisdiction

79

127. Action to be against convicting magistrate.

79

128. Compelling magistrate to do act and immunity for doing it.

79

129. After appeal no action for anything done under warrant upon it

80

130. Setting aside of action prohibited by the Ordinance.

80

131. Provisions as to limitation of actions, costs, tender, payment and notice.

80

132. Amount of damages in certain cases

80

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1988 Ed.] Magistrates [CAP. 227 5 Section Page Bail 102. Provisions relating to bail. 65 103. Warrant of deliverance where accused is in prison when bail granted. 66 Rehearing 104. Review of decision by magistrate 66 104A. Evidence in proceedings for return of fugitive offender Evidence in absence of accused in proceedings for his return to Hong Kong 67 PART VII APPEALS Appeal by way of case stated 105. Application to state case on point of law 68 106. Transmission of case to Registrar and notice to respondent 68 107. Amendment of case by magistrate. 68 108. Setting down case for argument 69 109. Judge may send case back for amendment. 69 110. Giving of security by appellant and fees for appeals under section 105. 69 111. Refusal to state or amend a case 70 112. Compelling magistrate to state or amend a case. 70 Alternative procedure 113. Right of appeal from magistrate in any matter 70 114. Procedure for appeals under section 113 prior to entry of appeal 70 114A. Extension of time for giving notice of appeal under section 114 71 General provisions as to appeals 115. Service and notice. 72 116. Provision as to entry of appeal. 72 117. Abandonment of appeal. 73 118. Procedure on hearing appeal. 74 119. Release from custody by a magistrate and powers of the judge on appeal. 75 120. Provisions as to costs. 75 121. Provisions as to forfeited recognizances 76 122. Treatment of appellants pending appeal or re-hearing. 77 123. Right of Attorney General to substitute himself as a party in appeals in certain cases. 77 124. Provisions for costs in cases where the Attorney General has intervened. 78 PART VIII PROTECTION OF MAGISTRATES 125. Action against magistrate for act within his jurisdiction 78 126. Action for act done without or in excess of jurisdiction 79 127. Action to be against convicting magistrate. 79 128. Compelling magistrate to do act and immunity for doing it. 79 129. After appeal no action for anything done under warrant upon it 80 130. Setting aside of action prohibited by the Ordinance. 80 131. Provisions as to limitation of actions, costs, tender, payment and notice. 80 132. Amount of damages in certain cases 80
Baseline (Original)
1988 Ed.] Magistrates [CAP. 227 5 Section Page Bail 102. Provisions relating to bail. 65 103. Warrant of deliverance where accused is in prison when bail granted....... 66 Rehearing 104. Review of decision by magistrate 66 104A. Evidence in proceedings for return of fugitive offender Evidence in absence of accused in proceedings for his return to Hong Kong ... 67 PART VII APPEALS Appeal by way of case stated 105. Application to state case on point of law 68 106. Transmission of case to Registrar and notice to respondent 68 107. Amendment of case by magistrate...... 68 108. Setting down case for argument . 69 109. Judge may send case back for amendment.. 69 110. Giving of security by appellant and fees for appeals under section 105............ 69 111. Refusal to state or amend a case 70 112. Compelling magistrate to state or amend a case........ 70 Alternative procedure 113. Right of appeal from magistrate in any matter 70 114. 114A. Procedure for appeals under section 113 prior to entry of appeal Extension of time for giving notice of appeal under section 114 70 71 General provisions as to appeals 115. Service and notice... 72 116. Provision as to entry of appeal.. 72 117. Abandonment of appeal.. 73 118. Procedure on hearing appeal. 74 119. 120. Release from custody by a magistrate and powers of the judge on appeal..... Provisions as to costs....... 75 75 121. Provisions as to forfeited recognizances . 76 122. Treatment of appellants pending appcal or re-hearing. 77 2 2 2 2 KRLE 123. Right of Attorney General to substitute himself as a party in appeals in certain 77 cases.. 124. Provisions for costs in cases where the Attorney General has intervened......... 78 PART VIII PROTECTION OF MAGISTRATES 125. 126. 127. Action against magistrate for act within his jurisdiction Action for act done without or in excess of jurisdiction Action to be against convicting magistrate........ 78 79 128. Compelling magistrate to do act and immunity for doing it. 129. After appeal no action for anything done under warrant upon it 130. Setting aside of action prohibited by the Ordinance.... 131. 132. Provisions as to limitation of actions, costs, tender, payment and notice......... Amount of damages in certain cases * * 2 2 2 2 88 78 79 79 79 80 80 ......
2026-05-04 23:32:45 · Baseline
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1988 Ed.]

Magistrates

[CAP. 227

5

Section

Page

Bail

102.

Provisions relating to bail.

65

103.

Warrant of deliverance where accused is in prison when bail granted.......

66

Rehearing

104.

Review of decision by magistrate

66

104A.

Evidence in proceedings for return of fugitive offender Evidence in absence of accused in proceedings for his return to Hong Kong ...

67

PART VII

APPEALS

Appeal by way of case stated

105.

Application to state case on point of law

68

106.

Transmission of case to Registrar and notice to respondent

68

107.

Amendment of case by magistrate......

68

108.

Setting down case for argument .

69

109.

Judge may send case back for amendment..

69

110.

Giving of security by appellant and fees for appeals under section 105............

69

111.

Refusal to state or amend a case

70

112.

Compelling magistrate to state or amend a case........

70

Alternative procedure

113.

Right of appeal from magistrate in any matter

70

114.

114A.

Procedure for appeals under section 113 prior to entry of appeal Extension of time for giving notice of appeal under section 114

70

71

General provisions as to appeals

115.

Service and notice...

72

116.

Provision as to entry of appeal..

72

117.

Abandonment of appeal..

73

118.

Procedure on hearing appeal.

74

119.

120.

Release from custody by a magistrate and powers of the judge on appeal.....

Provisions as to costs.......

75

75

121.

Provisions as to forfeited recognizances .

76

122.

Treatment of appellants pending appcal or re-hearing.

77

2 2 2 2 KRLE

123.

Right of Attorney General to substitute himself as a party in appeals in certain

77

cases..

124.

Provisions for costs in cases where the Attorney General has intervened.........

78

PART VIII

PROTECTION OF MAGISTRATES

125.

126.

127.

Action against magistrate for act within his jurisdiction Action for act done without or in excess of jurisdiction Action to be against convicting magistrate........

78

79

128.

Compelling magistrate to do act and immunity for doing it.

129.

After appeal no action for anything done under warrant upon it

130.

Setting aside of action prohibited by the Ordinance....

131.

132.

Provisions as to limitation of actions, costs, tender, payment and notice......... Amount of damages in certain cases

* * 2 2 2 2 88

78

79

79

79

80

80

......

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