1988 Ed.]
Magistrates
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(9) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney General.
(10) Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other Ordinance with respect to the publication of reports and proceedings of magistrates' and other courts.
(11) In this section—
"broadcast" means sounds or visual images broadcast by wireless telegraphy or by means of a high frequency distribution system over wires, or other paths provided by a material substance and intended for general reception;
"publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public.
(Added, 6 of 1971, s. 5)
[cf. U.K. 1967 c. 80, ss. 3 & 36; S.I. 1968/1920, r. 2]
Notice of result of committal proceedings
87B. If a magistrate commits any person for trial or determines to discharge him, the magistrates' clerk shall, on the day on which the committal proceedings are concluded or the next day, cause to be displayed in a part of the court house to which the public have access a notice in English and in Chinese—
(a) in either case giving that person's name, address and age (if known);
(b) in a case where the magistrate commits him, stating the charge on which he is committed and the court to which he is committed;
(c) in a case where the magistrate determines to discharge him, describing the offence charged and stating that the magistrate has so determined.
(Added, 6 of 1971, s. 5)
[cf. U.K. 1967 c. 80, s. 4]
PART IV
TRANSFER OF OFFENCES TO THE DISTRICT COURT
(Amended, 16 of 1970, s. 2)
Transfer of certain indictable offences
88. (1) Notwithstanding anything contained in any other provision of this Ordinance, whenever any person is accused before a magistrate of any indictable offence not included in any of the categories specified in Part III of the Second Schedule, the magistrate, upon application made by or on behalf of the Attorney General—
(a) shall make an order transferring the charge or complaint in respect of the indictable offence to the District Court; and
(b) may, if the person is also accused of any offence triable summarily only, make an order transferring the charge or complaint in respect of the summary offence to the District Court.
(Replaced, 16 of 1970, s. 3)
Page 60
Page 61
1988 Ed.]
Magistrates
[CAP. 227
59
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(9) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney General.
(10) Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other Ordinance with respect to the publication of reports and proceedings of magistrates' and other courts.
(11) In this section—
"broadcast" means sounds or visual images broadcast by wireless telegraphy or by means of a high frequency distribution system over wires, or other paths provided by a material substance and intended for general reception;
"publish", in relation to a report, means publish the report, either by itself or as
part of a newspaper or periodical, for distribution to the public.
(Added, 6 of 1971, s. 5)
[cf. U.K. 1967 c. 80, ss. 3 & 36; S.I. 1968/1920, r. 2]
Notice of result of committal proceedings
87B. If a magistrate commits any person for trial or determines to discharge him, the magistrates' clerk shall, on the day on which the committal proceedings are concluded or the next day, cause to be displayed in a part of the court house to which the public have access a notice in English and in Chinese-
(a) in either case giving that person's name, address and age (if known); (b) in a case where the magistrate commits him, stating the charge on
which he is committed and the court to which he is committed;
(c) in a case where the magistrate determines to discharge him, describing the offence charged and stating that the magistrate has so determined. (Added, 6 of 1971, s. 5) [cf. U.K. 1967 c. 80, s. 4]
PART IV
TRANSFER OF OFFENCES TO THE DISTRICT COURT
(Amended, 16 of 1970, s. 2)
Transfer of certain indictable offences
88. (1) Notwithstanding anything contained in any other provision of this Ordinance, whenever any person is accused before a magistrate of any indictable offence not included in any of the categories specified in Part III of the Second Schedule, the magistrate, upon application made by or on behalf of the Attorney General-
(a) shall make an order transferring the charge or complaint in respect of
the indictable offence to the District Court; and
(b) may, if the person is also accused of any offence triable summarily only, make an order transferring the charge or complaint in respect of the summary offence to the District Court. (Replaced, 16 of 1970, s. 3)
Page 60Page 61
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