Cap. 227 《裁判官條例》Magistrates Ordinance

The Chief Executive may by warrant from time to time appoint such number of permanent and special magistrates as are in his opinion required for the efficient administration of justice in Hong Kong and may in the case of special magistrates by such warrant limit the jurisdiction and powers to be exercised by the person so appointed. Such appointments together with the warrant of appointment where such warrant limits jurisdiction or powers to be exercised by the person appointed shall be notified in the Gazette. (Amended 48 of 1949 s. 3; 3 of 1974 s. 2; 59 of 1994 s. 6; 25 of 1998 s. 2)

A permanent magistrate shall exercise all the jurisdiction and powers conferred on a magistrate by any enactment in force in Hong Kong and also such jurisdiction and powers as may from time to time be conferred on a permanent magistrate. (Amended 59 of 1994 s. 6)

A special magistrate shall, subject to the provisions of his warrant of appointment, exercise all the jurisdiction conferred on a magistrate by any enactment in force in Hong Kong, but his powers of imposing imprisonment and fine shall, in the case of any enactment in force on 20 May 1949, be subject to the limitations as to the maximum term or terms of imprisonment and the maximum fine which such magistrate may lawfully impose under this Ordinance as amended from time to time and in the case of any enactment coming into force after 20 May 1949, be so subject unless such enactment expressly provides to the contrary. (Amended 59 of 1994 s. 6)

(Repealed 47 of 1997 s. 10)

So long as any warrant of appointment of a magistrate issued under this section is in force and unrevoked, it shall continue to have effect notwithstanding his subsequent appointment to some other office.

Any appointment made under the provisions of subsection (1) may be given effect from a date anterior to that of the warrant by which it is made: Provided that nothing herein contained shall be deemed to authorize the discharge of any magisterial functions by any person so appointed before the date of the warrant or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled. (Added 30 of 1958 s. 2. Amended 20 of 1972 s. 24)

A person is eligible to be appointed as a permanent magistrate if the person—

For subsection (1)(b), a person has the required experience if, for a period of or periods totalling not less than 5 years—

In calculating the period of 5 years referred to in subsection (2)— (Amended 20 of 2014 s. 5)

A person shall be eligible to be appointed as a special magistrate if—

Notwithstanding subsection (1), a person shall also be eligible to be appointed as a special magistrate if—

For the purposes of calculating the period of 5 years referred to in subsection (1)(b)—

The Chief Justice may by warrant appoint any person who is eligible under section 5AA to be appointed as a permanent magistrate or under section 5AB to be appointed as a special magistrate to be a deputy magistrate for such period and on such terms as he thinks fit. Such appointment shall be notified in the Gazette. (Amended 10 of 2005 s. 143)

Subject to the terms of appointment, a deputy magistrate shall, during the period for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of a permanent magistrate and any reference in any law to a magistrate shall be construed accordingly.

Every appointment made in accordance with this section may be terminated by the Chief Justice at any time.

Where the hearing of any proceedings before a deputy magistrate is adjourned or where judgment is reserved therein or where the determination of any matter is subject to review, the deputy magistrate shall have power to resume the hearing and determine the proceedings or to deliver as the judgment of the magistrate’s court the judgment which he has reserved or to review the determination which he has made, notwithstanding that before the hearing is resumed or judgment is delivered or the review is disposed of, his appointment has expired or has been terminated.

For the purposes of subsection (4), the power of a deputy magistrate to determine the proceedings in a resumed hearing includes the power of awarding costs and the making of any order ancillary to or consequential upon the award of costs.

Where the penalty which may be imposed upon conviction for an offence does not exceed a fine of $10,000 and imprisonment for 6 months (whether with or without any additional order, relating to suspension or cancellation of a licence, disqualification from obtaining or holding a licence, or as to compensation or otherwise), any public officer or body corporate authorized to prosecute in respect of that offence may file in a magistrate’s court a notice of prosecution and shall, within 14 days of such filing, serve a copy of that notice by post on the defendant. (See Forms 104, 105)

A notice under subsection (1)—

Where a notice of prosecution has been filed and served and the defendant requires a hearing, he shall, by written notice filed in the magistrate’s court in which the notice of prosecution was filed and before the date stated in the notice of prosecution, so state and shall, in that notice, state whether he intends to plead guilty or not guilty to the offence. (See Forms 109, 110, 111)

Where a written notice by the defendant mentioned in subsection (1) is filed, a summons shall be issued under section 8 and the prosecution shall proceed as if an information had been laid under that section by an informant deemed to act on behalf of the Secretary for Justice. (Amended L.N. 362 of 1997)

Where a notice of prosecution is filed and served and the defendant does not file a written notice under section 7E(1), a magistrate sitting in the absence of the parties and otherwise than in open and public court, shall determine the matter as if the defendant has pleaded guilty to the offence alleged in the notice of prosecution and may order the defendant to pay any fine or costs permitted by law.

In determining the matter under subsection (1), the magistrate may take into account the nature of the offence and the particulars alleged in the notice of prosecution, any previous convictions in the statement accompany in the notice of prosecution, and any matter submitted by the defendant in response to the notice of prosecution.

Where a magistrate sitting under subsection (1) considers that a fine may not be an adequate penalty in the circumstances a summons shall be issued under section 8 and the prosecution shall proceed as if an information had been laid under that section by an informant deemed to act on behalf of the Secretary for Justice. (Amended L.N. 362 of 1997)

Where a prosecution proceeds under subsection (3), the magistrate may, having heard what each party has to say as to sentence, impose any penalty or make any other order permitted by law as in a case where a defendant admits the truth of an information.

Where a magistrate has determined a matter under section 7F(1) and imposed a fine or ordered costs to be paid, a notice of such fine or costs shall be served by post on the defendant calling upon him to pay such fine or costs within such time, being not less than 21 days after the determination of the matter, as may be specified therein. (See Forms 106, 107)

Where a fine or costs are not paid within the time specified in the notice referred to in subsection (1), a magistrate shall cause a further notice to be served personally on the defendant by a police officer, usher or other officer of a magistrate’s court, requiring him to make payment of the fine or costs within 14 days of the notice failing which a summons or warrant will be issued under section 101A.

In every case where a complaint is made to or an information laid before a magistrate or an officer of a magistrate’s court who is authorized in writing for that purpose by a magistrate, being a complaint or information in respect of which a magistrate has power to convict summarily or to make an order for the payment of money or otherwise, it shall be lawful, subject to this Part, for a summons to be issued by a magistrate or an officer of a magistrate’s court who is authorized under this subsection. (See Form 1) (Replaced 18 of 1981 s. 2. Amended 12 of 1992 s. 2)

Every such summons shall be issued to the person against whom the complaint has been made or information laid, stating the matter of the complaint or information and requiring him to appear at a certain time and place before a magistrate to answer to the complaint or information and to be further dealt with according to law. (Added 18 of 1981 s. 2. Amended 59 of 1994 s. 2)

(Repealed 12 of 1992 s. 2)

Every such summons shall be in the prescribed form. (Replaced 12 of 1992 s. 2)

A statutory declaration by a police officer, usher or other officer stating that he delivered a summons to the person to whom it is directed personally or that he left it with a third person for that person at that person’s last or most usual place of abode, shall on its production be admissible in evidence without further proof, and until the contrary is proved the magistrate before whom it is produced shall presume— (Amended 59 of 1994 s. 2; 14 of 1997 s. 9)

Notwithstanding subsection (3) a magistrate may require the police officer, usher or other officer who served a summons to attend before him and give evidence on oath as to its service. (Added 36 of 1976 s. 2. Amended 59 of 1994 s. 2)

Subject to subsection (6), at any time before the person to whom a summons is directed has appeared to answer the complaint or information, a magistrate may, where practicable upon first hearing the complainant or informant, cancel the summons by writing under his hand which shall be served in the manner provided for the service of a summons by hand in subsection (2). (Added 18 of 1981 s. 2. Amended 59 of 1994 s. 2)

Where a summons has been cancelled under subsection (5) a magistrate may, within 2 months of the date of such cancellation, order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as he may think fit. (Added 18 of 1981 s. 2)

[cf. 1848 c. 43 s. 1 U.K.]

Notwithstanding section 8, if a public officer specified in the first column of the Fourth Schedule reasonably suspects that a person has committed any offence specified opposite thereto in the second column of that Schedule, the public officer may serve on that person personally a notice requiring him to appear at a time, being not earlier than 3 clear days after the notice has been served on him and place specified in the notice before a magistrate to be dealt with according to law. (See Forms 1A, 1B)

A notice under subsection (1)—

If a person upon whom a notice under subsection (1) has been served fails to appear before a magistrate at the time and place mentioned in the notice, and it is made to appear to the magistrate by oath that the notice was served on that person personally, the magistrate may issue his warrant for the apprehension of that person and to bring that person before him or another magistrate to be dealt with according to law. (See Form 2A)

If a person upon whom a notice under subsection (1) has been served appears before a magistrate in accordance with the notice, or is brought before a magistrate by a warrant issued under subsection (3), the magistrate may hear and determine the offence alleged in the notice as if a complaint has been made or an information has been laid against that person in respect of the offence and for such purposes, the provisions under this Ordinance relating to hearing of complaint or information and the proceedings thereon shall apply mutatis mutandis.

If a person upon whom a notice under subsection (1) has been served is brought before a magistrate by a warrant issued under subsection (3), the magistrate shall order that person to pay costs of not less than $80 and not more than $1,500, whether or not he is convicted of the offence alleged in the notice: (Amended 18 of 1984 s. 3)Provided that no order shall be made where the magistrate is satisfied that exceptional circumstances existed which rendered it inequitable to require compliance with the notice.

Any costs ordered to be paid under subsection (5) shall be recoverable under section 69(2) in the same manner as costs awarded under section 69(1).

Notwithstanding anything to the contrary in this Ordinance, a magistrate may permit a representative to appear on behalf of a person upon whom a notice under subsection (1) has been served where such representative satisfies the magistrate that he is authorized to enter a plea of guilty and is himself able to pay any fine imposed.

Where a complaint or information laid before a magistrate is substantiated by oath before him, the magistrate may, in the first instance or notwithstanding that a summons has been previously issued, issue a warrant to arrest the defendant and bring him before a magistrate to answer to the complaint or information. (See Form 4)

Where a defendant is arrested under a warrant issued under subsection (1), he shall be brought before a magistrate, who may adjourn the hearing and deal with the defendant in accordance with section 20.

Every complaint and every information under this Part, unless some enactment otherwise requires, may respectively be made or laid without any oath being made of the truth thereof; except in case of an information where the magistrate receiving the same thereupon issues his warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such warrant shall be issued. (Amended 25 of 1998 s. 2)

For every distinct offence of which any person is accused there shall be a separate complaint or information, and every such complaint or information shall be tried separately except in the following cases—

Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorized in that behalf.

Every such complaint or information shall comply with the Indictment Rules (Cap. 221 sub. leg. C) in so far as those rules are applicable mutatis mutandis to any such complaint or information. (Replaced 36 of 1976 s. 4. Amended E.R. 2 of 2018)

A complainant or informant who is not acting or deemed to act on behalf of the Secretary for Justice may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Secretary for Justice may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 104 for applying for a review intervene for the purpose of applying for or being made a party to any review.

As from the date of any such intervention the Secretary for Justice shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant.

Such intervention may be effected by oral intimation given to the magistrate by a legal officer in the Department of Justice acting under the instructions of the Secretary for Justice or by notice in writing under the hand of the Secretary for Justice of his intervention lodged with the magistrates’ clerk. In the event of oral intimation as aforesaid having been given the Secretary for Justice shall as soon as conveniently may be cause notice in writing of his intention to be lodged as aforesaid. (Amended 25 of 2008 s. 4)

In any case before a magistrate in which an accused person is being tried for an indictable offence pursuant to section 91, 92 or 92A and at any stage thereof before judgment and in any case in which an inquiry is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Secretary for Justice may enter a nolle prosequi by informing the magistrate in writing that the HKSAR intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (Amended 59 of 1992 s. 13; L.N. 362 of 1997; 25 of 1998 s. 2; 59 of 1999 s. 3)

If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates’ clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.

The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by him or by counsel on his behalf.

Without prejudice to the rights of the Secretary for Justice every complainant or informant shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by him or by counsel on his behalf. (Amended L.N. 362 of 1997)

Where at the hearing the defendant appears, but the complainant or informant does not appear, the magistrate—

Where a complaint or information is dismissed under subsection (1), the magistrate may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended 18 of 1981 s. 3)

Where at the hearing neither the complainant or informant nor the defendant appears, the magistrate may—

Where a complaint or information is dismissed under subsection (1), such dismissal shall not operate as a bar to any subsequent proceedings against the defendant in the same matter.

Subject to subsection (3), the defendant may, in the case of an offence specified in the Third Schedule, plead guilty by letter addressed to the magistrate, and thereupon the magistrate may—

In every case where the defendant may plead guilty by letter, the summons shall contain a footnote or endorsement drawing attention to that fact.

Where—

a summons in respect of that offence shall be endorsed to the effect that the defendant may not plead guilty by letter, and in such a case the provisions of this section shall thereupon cease to apply. (Replaced 50 of 2000 s. 5)

The Legislative Council may by resolution amend the Third Schedule.

Where the defendant is present at the hearing, the substance of the complaint or the information (or the summons which has been issued under section 8 pursuant to such complaint or information) shall be read over to him, and explained if necessary, and he shall be asked whether he admits or denies the truth of the complaint or information. If the defendant admits the truth of the complaint or information, his admission shall be recorded as nearly as possible in the words used by him, and the magistrate shall convict him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence; and also to hear and examine such other witnesses as the complainant or informant may examine in rebuttal, if the defendant or his counsel has examined any witnesses or given any evidence other than as to the defendant’s general character. (Amended 48 of 1949 s. 5; 49 of 1965 s. 6; 59 of 1994 s. 3)

The magistrate, having heard what each party has to say and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order against the defendant or dismiss the complaint or information, as the case may be. (See Form 32)

If the magistrate convicts a defendant or makes an order against him, he shall thereupon make a minute or memorandum of such adjudication (for which no fee shall be paid), and he shall cause the same to be lodged with the magistrates’ clerk, who shall register the same as hereinafter provided. (Replaced 2 of 1955 s. 2)

If the magistrate dismisses the complaint or information, it shall be lawful for him, if he thinks fit, on being required to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf a certificate thereof, which said certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party. (See Form 47)

On the hearing by a magistrate of any complaint or information against a corporation, a representative may on behalf of the corporation enter a plea of guilty or not guilty.

Where a representative enters a plea of not guilty under subsection (1), he may exercise the rights under section 16(1) as if he were an individual defendant against whom the complaint is made or the information laid.

Section 49(4) of the Criminal Procedure Ordinance (Cap. 221) shall apply mutatis mutandis to a representative for the purposes of subsection (1) as it applies to a representative for the purposes of that section.

A letter under section 18E may be addressed to the magistrate on behalf of a corporation by a director or the secretary of the corporation and that section shall apply in relation to a letter purporting to be so addressed as it applies to a letter purporting to be addressed by an individual defendant. (Amended 36 of 1976 s. 6)

Subject to subsection (4), if at the time and place appointed for the hearing of a complaint or information against a corporation only the complainant or informant appears, the magistrate may, if he is satisfied that a summons was served on the corporation a reasonable time before the hearing, order a plea of not guilty to be entered and may thereupon proceed to hear and determine the case as though the corporation had duly entered a plea of not guilty. (Added 36 of 1976 s. 6)

Before or during the hearing of any complaint or information, a magistrate may adjourn the hearing to such time and place and on such conditions as he thinks fit.

Where the hearing is adjourned—

When adjourning the hearing of a complaint or information, the magistrate may admit the defendant to bail or commit him to prison or some other place of security or to such other custody as the magistrate may think fit. (See Forms 5-9, 18) (Amended 56 of 1994 s. 11)

Where a defendant who has been admitted to bail fails to surrender to custody as shall have been appointed, a magistrate may issue a warrant for the arrest of the defendant. (Replaced 56 of 1994 s. 11)

A magistrate may, on being satisfied that a defendant who is accused of an offence triable summarily is by reason of illness or accident unable to appear personally before a magistrate—

If, at the time and place to which the hearing or further hearing is so adjourned—

If it is made to appear to a magistrate, by any credible person, that any person within Hong Kong is likely to give material evidence on behalf of the complainant or informant or defendant, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at—

before a magistrate to testify what he knows concerning the matter of the complaint or information. (See Form 14) (Amended 44 of 1962 s. 2; 59 of 1994 ss. 4 & 6)

If any person so summoned refuses or neglects to appear as required by the summons and no just excuse is offered for such refusal or neglect, then after proof upon oath that the summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate— (See Form 15) (Amended 59 of 1994 s. 4)

If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance. (See Form 16)

If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him concerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned for 12 months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding $5,000. (See Form 17) (Amended 30 of 1958 Schedule; 6 of 1968 s. 2; 51 of 1981 s. 3; 59 of 1981 s. 2)

The magistrate before whom a person is brought pursuant to a warrant under subsection (2) may, unless such person satisfies the magistrate that he had reasonable cause for his refusal or neglect to appear as required by the summons, impose upon such person a fine not exceeding $5,000 and order him to be imprisoned for a period not exceeding 12 months. (Added 6 of 1968 s. 2. Amended 51 of 1981 s. 3; 59 of 1981 s. 2; 59 of 1994 s. 4)

[cf. 1848 c. 43 s. 7 U.K.]

In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by whom the information is heard and determined.

If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate to be such that the defendant has been thereby deceived or misled the magistrate may—

Where a defendant admitted to bail under subsection (2)(b) does not appear at the time and place appointed for the adjourned hearing, a magistrate may declare any recognizance to be forfeited and issue a warrant for the arrest of the defendant. (See Form 3) (Added 36 of 1976 s. 8)

[cf. 1848 c. 43 s. 9 U.K.]

In any complaint or information or the proceedings thereon in which it is necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others, as the case may be; and whenever in any complaint or information or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid.

Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Government. (Amended 25 of 1998 s. 2; 29 of 1998 s. 105)

[cf. 1848 c. 43 s. 4 U.K.]

Notwithstanding section 26, in the case of an offence (other than an indictable offence) against any order in force under section 2A of the Civil Aviation Ordinance (Cap. 448) or against any regulation made under such an order, a complaint may be made or an information may be laid in respect of the offence within 12 months from the commission of the offence, if— (Amended 66 of 1997 s. 17)

The fact that any direction referred to in subsection (1)(b)(ii) has been given on any date may be proved by the production of a certificate to that effect purporting to be signed by the Chief Secretary for Administration. (Amended L.N. 362 of 1997)

For the purposes of this section—

Where it appears to the adjudicating magistrate that there is—

he shall, subject to subsection (2)—

The adjudicating magistrate shall amend the complaint, information or summons where—

Following an amendment to a complaint, information or summons, the adjudicating magistrate shall—

Provided that, if the amendment is made after the case for the complainant or informant is closed, no further evidence may be called by the complainant or informant other than evidence that would, apart from this section, be admissible in rebuttal.

In every case of a conviction where no particular form of such conviction is given by the enactment creating the offence or regulating the prosecution for the same, and in every case of a conviction upon any past enactment, whether any particular form of conviction is therein given or not, it shall be lawful for the magistrate who so convicts to draw up his conviction in such one of the forms of conviction in the rules made under this Ordinance as may be applicable to such case or to the like effect. (See Forms 20-26)

Where an order is made, and no particular form of order is given by the enactment giving authority to make such order, and in every case of an order to be made under the authority of any past enactment, 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)

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. Summary Jurisdiction Rules 1915 r. 53 U.K.]

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 Hong Kong. (Amended 59 of 1994 s. 6)

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 the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.

It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed or until it is withdrawn by any magistrate. (Amended 32 of 1966 s. 2)

The warrant may be executed by apprehending the defendant at any place within Hong Kong or the waters thereof; in every case where the warrant is directed to all police officers within Hong Kong, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: (Amended 59 of 1994 s. 6)Provided that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the complainant or informant but if any such variance appears to the magistrate at the hearing to be such that the party apprehended has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to admit him to bail. (See Forms 6-9) (Amended 56 of 1994 s. 11)

[cf. 1848 c. 43 s. 3 U.K.]

In all proceedings under this Part the magistrate at the hearing shall take or cause to be taken a full minute in writing, or a record whether by means of shorthand notes or mechanical, digital, electronic or optical means or otherwise, so far as circumstances permit, of the following matters— (See Form 19) (Amended 51 of 1995 s. 15; 6 of 2025 s. 51)

The minute shall, immediately after the close of the case, be handed to the magistrates’ clerk for safe custody.

The minute or record may be kept in either or both of the official languages. (Added 51 of 1995 s. 15)

The magistrates’ clerk shall keep a register in the prescribed form of the minutes or memoranda of all the convictions and orders of the magistrate and of such other proceedings as are directed by rules made under section 133 to be registered. (Amended 2 of 1955 s. 4)

The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.

The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.

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.

(Repealed 14 of 1979 s. 2)

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

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—

Any person aggrieved by the decision of a magistrates’ clerk to refuse permission to inspect may appeal to a magistrate whose decision shall be final.

A decision by the Registrar to refuse permission to inspect shall be final.

The right to inspect under subsection (1) shall include the right to a copy of the minute or register subject, in the case of applicants under subsection (1)(g), (h) and (i), to the payment of the prescribed fee.

Disclosure of the contents of a minute or register under subsection (1) shall not amount to a breach of the Rehabilitation of Offenders Ordinance (Cap. 297).

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—

The magistrate may, where he makes an order under this section, further order that the offender shall pay such costs of the proceedings (not exceeding $2,000 or, if a higher limit is fixed by any enactment relating to the offence, that higher limit) as he thinks reasonable. (See Forms 26, 33, 34) (Amended 48 of 1972 s. 4; 51 of 1981 s. 4)

An order made by a magistrate under this section shall, for the purpose of revesting or restoring stolen property and of enabling the magistrate to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restriction or delivery, have the like effect as a conviction.

The magistrate may order the defendant in default of compliance with any order made under subsection (2) to be imprisoned for 6 months. (Amended 48 of 1949 s. 6; 30 of 1958 Schedule)

Subject to the provisions of subsections (2) and (3), where a term of imprisonment is imposed by a magistrate in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on payment of a part of such sum to any person authorized by a magistrate to receive it, be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the sum adjudged to be paid.

Notwithstanding the provisions of subsection (1), in reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account, and in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a cent shall be omitted. (Replaced 30 of 1958 s. 6)

Notwithstanding the provisions of subsection (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules (Cap. 234 sub. leg. A) any remission of the sentence, the term of his imprisonment shall for the purposes of subsection (1) be deemed, at any given time, to have been reduced by such period of remission as may at the time stand to his credit. (Amended E.R. 2 of 2018)

[cf. 1914 c. 58 s. 3(1) U.K.]

Where a defendant is fined and the same is not forthwith paid, the magistrate may order the defendant to be searched.

Any money found on the arrest of a person adjudged to pay a fine, or on a search as aforesaid, or on his being taken to prison or other place of detention in default of payment of such a fine may, unless the magistrate otherwise directs, be applied towards payment of the fine; and the balance, if any, shall be returned to him.

The magistrate shall not allow the application as aforesaid of any money found on a person if he is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.

Where a power is given by any future enactment to a magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, or of requiring any act or thing to be done or left undone, other than the payment of money, and no mode is prescribed of enforcing such requisition, a magistrate may exercise such power by an order and may annex thereto any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as he may think just, and generally may make such arrangements for carrying into effect such power as to him may seem meet.

A person making default in complying with any such order shall be punished in the prescribed manner, or, if no punishment is prescribed, may be ordered to pay a sum of $25 for every day during which he is in default, or to be imprisoned until he has remedied his default: (See Form 68)Provided that a person shall not, for non-compliance with the requisition of a magistrate, whether made by one or more orders, to do or to abstain from doing any act or thing, be liable under this section to imprisonment for any term or terms amounting in the aggregate to more than 3 months or to payment of any sums exceeding in the aggregate $1,000. (Amended 24 of 1949 s. 13; 30 of 1958 Schedule)

[cf. 1879 c. 49 s. 34 U.K.]

The magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the following things— (See Form 42)

Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates’ clerk, to whom any such sum or instalment is paid shall as soon as may be account for and pay over the same to such clerk. (See Forms 21-23, 25-27, 30-34, 38)

[cf. 1879 c. 49 s. 7 U.K.]

If any goods are stolen or unlawfully obtained from any person, or, having been lawfully obtained, are unlawfully deposited, pledged, sold or exchanged, and complaint is made thereof to a magistrate, and that such goods are in the possession of any broker, dealer in marine stores or other dealer in second-hand property, or of any person who has lent money upon the credit of such goods, it shall be lawful for the magistrate to issue a summons or warrant for the appearance of such broker, dealer or lender and for the production of such goods to be delivered up to the owner thereof, either without payment or on payment of such sum and at such time as the magistrate may think fit.

Every broker, dealer or lender who, having been so ordered, refuses or neglects to deliver up the goods, or who disposes of or makes away with the same after notice that such goods were stolen or unlawfully obtained as aforesaid, shall forfeit to the owner of the goods the full value thereof:Provided that no such order shall bar any such broker, dealer or lender from recovering possession of such goods by action from the person into whose possession they may come by virtue of the magistrate’s order, provided that such action is commenced within 6 months next after such order has been made.

Nothing in this section shall affect pawnbrokers.

It shall be lawful for a magistrate to order that any goods brought before him which have been unlawfully pledged or exchanged, and the ownership of which is established to his satisfaction, shall be delivered up to the owner by the person with whom they were so unlawfully pledged or exchanged, either without compensation or with such compensation to that person as he may think fit.

Nothing in this section shall affect pawnbrokers.

Where the enactment by virtue of which a conviction for a fine or an order for the payment of money is made makes no provision for such fine or sum being levied by distress, but directs that, if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in the conviction or order, the defendant shall be imprisoned for a certain time unless such fine or sum shall be sooner paid, in every such case such fine or sum shall not be levied by distress; but if the defendant does not pay the same, together with costs, if awarded, forthwith, or at the time specified in the conviction or order for the payment of the same, it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid. (See Forms 27, 59, 61) (Amended 30 of 1958 Schedule)

A warrant issued under subsection (1) may remain in full force until it is executed or until it is withdrawn by any magistrate. (Added 32 of 1966 s. 3)

[cf. 1848 c. 43 s. 23 U.K.]

Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or where an order is not for the payment of money but for the doing of some other act, and directs that, in case of the defendant’s refusal or neglect to do such act, he shall be imprisoned, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him for such time as the enactment on which the conviction or order is founded as aforesaid directs. (See Forms 66, 68) (Amended 30 of 1958 Schedule; 25 of 1998 s. 2)

In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also committed to prison there to be kept for one month to commence at the termination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid. (See Forms 50, 51, 69) (Amended 30 of 1958 Schedule)

[cf. 1848 c. 43 s. 24 U.K.]

A magistrate to whom application is made either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, may, if he deems it expedient to do so, postpone the issue of such warrant until such time and on such conditions, if any, as to him may seem just.

The wearing apparel and bedding of a person and his family and, to the value of $1,000, the tools and implements of his trade shall not be taken under a distress issued by a magistrate. (Amended 24 of 1949 s. 19; 51 of 1981 s. 5)

Where, on application made to a magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, it appears to the magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the magistrate shall, by his warrant of commitment revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally mentioned in the conviction or order. (See Form 71)

[cf. 1879 c. 49 s. 21 U.K.]

The power of a magistrate, on complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person shall be exercised by an order upon complaint, and the provisions of this Ordinance shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint. (See Forms 34-36)

The magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprisoned for 6 months. (Amended 30 of 1958 Schedule)

[cf. 1879 c. 49 s. 25 U.K.]

A person shall give security under this Part, whether as principal or surety, either by the deposit of money with the magistrates’ clerk or by an oral or written acknowledgement of the undertaking or condition by which and of the sum for which he is bound, and evidence of such security may be provided by the entry thereof in the register of the proceedings of the magistrates. (See Forms 6-9, 42)

Any sum which may become due in pursuance of a security under this Part from a surety shall be recoverable summarily in manner directed by this Ordinance with respect to a civil debt on complaint by a police officer or by the magistrates’ clerk or by some other person authorized for the purpose by a magistrate.

A magistrate may enforce payment of any sum due by a principal in pursuance of a security under this Part which appears to him to be forfeited, in like manner as if that sum were adjudged to be paid as a fine, if the security was given for a sum adjudged by a conviction, and in any other case in like manner as if it were a sum adjudged to be paid as a civil debt: (See Forms 12, 13, 56)Provided that, before a warrant of distress for the sum is issued, notice of the forfeiture shall be served on the said principal in manner prescribed by rules made under section 133.

Any sum paid by a surety on behalf of his principal in respect of a security under this Part, together with all costs, charges and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be recovered before a magistrate in manner directed by this Ordinance with respect to the recovery of a civil debt which is recoverable summarily.

Where security is given under this Part for payment of a sum of money, the payment of such sum shall be enforced by means of such security in substitution for other means of enforcing such payment.

[cf. 1879 c. 49 s. 23 U.K.]

Where a recognizance is conditioned for the appearance of a person before a magistrate or for his doing some other matter or thing to be done before or by order of a magistrate or in a proceeding before a magistrate, such magistrate, if the recognizance appears to him to be forfeited, may declare the recognizance to be forfeited and enforce payment of the sum due under it in the same manner as if the sum were a fine adjudged by a magistrate to be paid and the amount of the same were ascertained by a conviction: (See Forms 6-9, 38, 43, 54)Provided that, at any time before the sale of goods under a warrant of distress for the said sum, a magistrate may cancel or mitigate the forfeiture on the person liable applying and giving security, to the satisfaction of the magistrate, for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or on such other conditions as the magistrate may think just. (See Form 39)

Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound. (See Forms 35-38)

All sums paid in respect of a recognizance declared or adjudged by a magistrate in pursuance of this section to be forfeited shall be paid to the magistrates’ clerk, and shall be paid and applied by him in such manner as the Director of Accounting Services may direct. (See Form 55) (Amended L.N. 16 of 1977)

[cf. 1879 c. 49 s. 9 U.K.]

Any sum of money recoverable summarily as a civil debt within the meaning of this or any other Ordinance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordinance: (See Forms 71A-77)Provided as follows—(a)a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint; and(b)an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to the satisfaction of a magistrate, that the person making the default in payment of such civil debt, instalment or costs either has, or has had since the date of the order, the means to pay the sum in respect of which he has made default and has refused or neglected or refuses or neglects to pay the same, and in any such case the magistrate shall have power to imprison the defendant for 3 weeks, unless the same shall be sooner paid.

Proof of the means of the person making default may be given in such manner as the magistrate to whom application is made for commitment to prison may think just.

The payment of any costs ordered to be paid by the complainant or the defendant in proceedings for the recovery of a civil debt shall, subject to paragraph (b) of the proviso to subsection (1), be enforced in like manner as such civil debt. (Added 35 of 1969 Schedule)

[cf. 1879 c. 49 s. 35 U.K.]

Unless in any enactment it is otherwise provided, the period of imprisonment, which may be imposed by a magistrate exercising summary jurisdiction, in respect of the non-payment of any sum of money adjudged to be paid by a conviction, whether it be a fine or in respect of the property the subject of the offence, or in respect of the injury done by the offender, or in respect of the default of a sufficient distress to satisfy any such sum, shall be such period as, in the opinion of the magistrate, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale— (Amended 30 of 1958 Schedule)

Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the sentence. (Amended 13 of 1995 s. 57)

The Chief Executive in Council may by order published in the Gazette amend the monetary amounts in the scale in subsection (1). (Added 13 of 1995 s. 57. Amended 25 of 1998 s. 2)

[cf. 1879 c. 49 s. 5 U.K.]

In every case where a complaint is made to or an information laid before a magistrate alleging the commission of any indictable offence then, if the accused is not then in custody, it shall be lawful for the magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law; but in any case it shall be lawful for the magistrate to whom the complaint is made or before whom the information is laid, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a magistrate at a time and place to be therein mentioned; and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place in obedience to such summons, then and in every such case any magistrate may issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law: (See Forms 1, 2, 4) (Amended 49 of 1965 s. 9; 50 of 1991 s. 4)Provided that a warrant shall not be issued in the first instance unless the complaint or information is supported by evidence on oath. (Added 49 of 1965 s. 9)

Nothing in this section shall prevent a magistrate from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in the summons for the appearance of the accused.

[cf. 1848 c. 42 s. 1 U.K.]

Where the Secretary for Justice files an indictment against any person pursuant to the direction or with the consent of a judge under section 24A of the Criminal Procedure Ordinance (Cap. 221), the Registrar, on application by or on behalf of the Secretary for Justice, shall issue a certificate certifying that the indictment has been filed against that person. (Amended L.N. 362 of 1997)

Where a certificate issued under subsection (1) is produced to a magistrate, he shall, if the person named in the indictment—

Where the person named in a warrant issued under subsection (2) is brought before a magistrate, or a person is otherwise brought before magistrate, and the magistrate is satisfied by evidence on oath that such person is the person named in the indictment referred to in a certificate issued under subsection (1), he shall without further inquiry or examination order that that person shall stand committed for trial before the Court of First Instance on the charge in the indictment and shall either remand such person in custody or admit him to bail.

Every complaint or information alleging the commission of an indictable offence shall be in writing and shall contain or consist of a statement of the offence alleged to have been committed, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence.

No objection shall be allowed to any complaint or information for any defect in it in substance or in form or for any variance between it and the evidence adduced on behalf of the prosecution at the committal proceedings. (Amended 48 of 1983 s. 3)

If it is made to appear to a magistrate, by any credible witness, that any person is likely to give material evidence on the part of the prosecution the magistrate may enforce the attendance of such person in the manner provided in Part II for enforcing the attendance of a witness under the summary jurisdiction of such magistrate. (See Form 16) (Amended 58 of 1967 s. 2)

If, on the appearance of such person so summoned, he refuses to be examined upon oath concerning the matter of the charge, or refuses to take such oath or having taken such oath refuses to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises. (See Form 17) (Amended 49 of 1965 s. 11)

[cf. 1848 c. 42 s. 16 U.K.]

If, in the course of committal proceedings, it becomes necessary or desirable in the opinion of the magistrate—

the magistrate before whom the accused appears or is brought may from time to time by his warrant remand the accused to a prison or, some place of security, for such time as the magistrate may think reasonable, not exceeding 8 clear days, unless the accused and the prosecutor consent to a longer remand; or, if the remand is for a time not exceeding 3 clear days, it shall be lawful for the magistrate verbally to order the police officer or other person in whose custody the accused may then be, or any other police officer or person to be named by the magistrate in that behalf to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the committal proceedings: (See Forms 18, 84) (Amended 24 of 1949 s. 23; 49 of 1965 s. 12)

Provided that—(a)the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order; and(b)instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may admit him to bail. (See Forms 85-87) (Amended 48 of 1983 s. 3; 56 of 1994 s. 11)

A magistrate may, on being satisfied that a person accused of an indictable offence is by reason of illness or accident unable to appear personally before a magistrate—

(Repealed 56 of 1994 s. 11)

[cf. 1848 c. 42 s. 21 U.K.; 1914 c. 58 s. 20(2) U.K.]

When the accused appears or is brought before a magistrate upon an allegation of the commission of an indictable offence the magistrate may, and shall if the prosecutor so requires, appoint a day for the continuation of the committal proceedings (hereinafter referred to as the return day).

Any magistrate may, from time to time thereafter, on the application of the prosecutor or of the accused, and upon reasonable cause, appoint another return day in the place of the return day previously appointed.

The return day shall not, unless the prosecutor and the accused consent or the magistrate, upon reasonable cause being shown, determines otherwise, be less than 10 days nor more than 42 days from the day on which the return day is appointed.

Upon first appointing the return day, the magistrate shall inform the accused—

Not less than 7 clear days before the return day, or such shorter period as the accused may consent to, the prosecutor shall serve on the accused—

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

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.

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.

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.

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.

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—

and the accused shall, thereupon, be asked whether or not he elects to have the charge against him heard at a preliminary inquiry; and the accused may make such an election.

If the accused elects or is, by virtue of subsection (5), deemed to have elected, to have the charge against him heard at a preliminary inquiry the magistrate shall—

and thereafter the preliminary inquiry shall be conducted in accordance with the provisions of sections 81, 81A, 82, 83, 84 and 85.

If the accused does not elect, and is not deemed to have elected by virtue of subsection (5), to have the charge against him heard at a preliminary inquiry, the magistrate shall inform the accused that—

After complying with the provisions of subsection (3), the magistrate shall then—

An election by the accused to have a charge against him heard shall be deemed, if there is more than one charge, to relate to all charges.

At a preliminary inquiry where the accused is present at the hearing, the magistrate shall, before committing the accused to prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner, subject to subsection (3), as is hereinbefore provided for the taking of the evidence of the complainant or informant and his witnesses on a complaint or information for an offence punishable on summary conviction. (See Form 19) (Amended 49 of 1965 s. 14; 48 of 1983 s. 3)

The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and, subject to subsection (3), the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the magistrate taking the same.

The magistrate may cause the deposition or evidence of a witness who is examined under subsection (2) to be recorded by way of shorthand note or mechanical, digital, electronic or optical recording device and, thereafter, reduced into writing; and where— (Amended 6 of 2025 s. 52)

the deposition or evidence of that witness shall be treated, for all purposes, including section 70 of the Evidence Ordinance (Cap. 8), as if it had been reduced into writing immediately, read over to the witness and signed by him in the presence of the accused. (Added 75 of 1984 s. 2)

Where the evidence of a witness is taken by way of a live audio-visual link under the Courts (Remote Hearing) Ordinance (6 of 2025)— (Amended 6 of 2025 s. 72)

In subsection (4)— live audio-visual link (音視直播聯繫) has the meaning given by section 2 of the Courts (Remote Hearing) Ordinance (6 of 2025). (Replaced 6 of 2025 s. 72)

Subject to the provisions of this section, at a preliminary inquiry—

shall be deemed to have been admitted in evidence on behalf of the prosecution notwithstanding that the person who made the statement is not called as witness to give oral evidence at the hearing unless the accused objects to the admissibility of the statement or exhibit or any part of the statement or exhibit and the magistrate, after hearing any reply which the prosecutor may make allows the objection.

A magistrate shall, on the application of the prosecutor or the accused made—

require a person who has made a witness statement which has been handed into court under section 80C to give oral evidence at the hearing in accordance with section 81.

Where, by section 80C(4)(a) or section 82(1), the magistrate is required to ascertain whether the accused desires to plead guilty to the charge, he shall inform the accused that the court proposes to commit him for trial; but that the accused may, if he so desires now, plead guilty to the charge and, if he pleads guilty, he will be committed to the Court of First Instance for sentence. (Amended 25 of 1998 s. 2)

If the accused then pleads guilty the magistrate, before he accepts the plea shall—

and, if the magistrate is satisfied that the plea is made voluntarily and with an understanding of the nature of the charge, he shall commit the accused for sentence.

No objection shall be taken to any information or complaint to which the accused has pleaded guilty, and the accused shall not afterwards be allowed to withdraw the plea except with the leave of a judge of the Court of First Instance. (Amended 25 of 1998 s. 2)

Where a judge grants leave to withdraw a plea of guilty in accordance with the provisions of subsection (3) he may, at the same time, exercise his powers under section 24A(1) of the Criminal Procedure Ordinance (Cap. 221) to direct or consent to the preferment of an indictment charging the accused with the offence in respect of which the plea has been withdrawn or any related offence.

An accused who is committed for sentence shall as soon as practicable be brought before the Court of First Instance for sentence, and any judge of that Court shall have the same powers of sentencing or otherwise dealing with the accused, and of finally disposing of the charge and of all incidental matters, as he would have had if the accused on arraignment at any criminal sittings of the Court of First Instance had pleaded guilty to the offence charged on an indictment duly presented. (Amended 25 of 1998 s. 2)

The magistrate committing an accused for sentence shall have the like powers to commit the accused to prison or to admit him to bail as in the case of an accused committed for trial and the accused shall have the like rights and obligations.

After the examination of all the witnesses and the admission of any statements for the prosecution has been completed, subject to the rejection of any submission made that there is no case which the accused should be called upon to answer, the magistrate shall read the charge to the accused and explain the nature thereof to him in ordinary language, and inform him that he has the right to call witnesses, and, if he so desires, to give evidence on his own behalf. After so doing the magistrate shall then—

Before the accused makes any statement in answer to the charge, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat. [cf. 1925 c. 86 s. 12(3) U.K.]

Whatever the accused says in answer to the charge shall be taken down in writing and read over to the accused and signed by the magistrate and, if the accused so desires, by him, and shall be transmitted with the depositions as hereinafter mentioned. On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement did not in fact sign it. (See Form 78) [cf. 1925 c. 86 s. 12(4) U.K.]

(Repealed 48 of 1983 s. 3)

Immediately after complying with the requirements of the preceding section relating to the statement of the accused, and whether the accused has or has not made a statement, the magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnesses.

If the accused in answer to the question states that he wishes to give evidence but not to call witnesses, the magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.

If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses, or to call witnesses only, the magistrate shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.

All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing. (Amended 5 of 1954 s. 2)

Nothing contained in this section shall prevent the prosecutor in any case from putting in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.

At a preliminary inquiry the magistrate shall in respect of any witness examined by him, other than the accused and any witness of his merely to his character, make an order in the prescribed form requiring the witness to attend and give evidence at the trial of the accused before the Court of First Instance. (See Form 79) (Amended 48 of 1983 s. 3; 25 of 1998 s. 2)

Where it appears to the magistrate, after taking into account any representation made by the accused or the prosecutor, that the attendance of any witness at the trial is unnecessary on the ground that the evidence of that witness is unlikely to be required or is unlikely to be disputed—

A magistrate—

If after hearing all the evidence offered on the part of the prosecution and the evidence, if any, of the accused and his witnesses and after taking into consideration any statement made by the accused, the magistrate is of opinion that there is not sufficient evidence to put the accused upon his trial for any indictable offence, the magistrate shall forthwith order the accused, if in custody, to be discharged as to the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.

If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into consideration any statement of the accused, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall order that the accused stand committed for trial at the Court of First Instance and shall so inform the accused or cause him to be so informed. (Amended 5 of 1954 s. 4; 63 of 1971 s. 13; 25 of 1998 s. 2)

(Repealed 48 of 1983 s. 3)

A magistrate who commits an accused for trial under section 80C(4) or section 85(2) shall—

Where the magistrate has given the warning required by subsection (1)(d) the clerk of the court shall give the accused written notice of the provisions of section 65D of the Criminal Procedure Ordinance (Cap. 221).

There shall be transmitted to the Registrar as soon as may be after the committal of the accused—

together with as many copies thereof, certified by the magistrate, as the Registrar may require; and a copy similarly certified shall at the same time be transmitted to the Secretary for Justice:

Provided that the Secretary for Justice may waive his right to receive any document or class of documents served under section 80B(1). (Replaced 48 of 1983 s. 3. Amended L.N. 362 of 1997)

An accused committed for trial shall, on application by himself or by his solicitor made on his behalf, be furnished free of charge before his trial with one copy of such depositions, documents and list relating to his case as are referred to in subsection (1): (Amended 48 of 1983 s. 3)Provided that nothing in this subsection shall entitle an accused to receive copy of any document which has been served on him under section 80B(1). (Added 48 of 1983 s. 3)

If the accused or his solicitor notify the magistrates’ clerk in writing of such requirement, further copies of all or any of the documents referred to in subsection (1) shall be supplied on payment of 15 cents for each folio of 72 words.

All exhibits other than documentary exhibits shall, unless the magistrate otherwise directs, be taken charge of by the Commissioner of Police and shall be produced at the trial by him or by a police officer deputed for that purpose.

Subject to the provisions of this section, where a corporation is charged, whether alone or jointly with some other person, with an indictable offence, the provisions of this Part shall apply as they do in the case of a natural person. (Replaced 48 of 1983 s. 3)

Documents required to be served on the accused under section 80B(1) may be served on a director or other officer concerned in the management of the corporation. (Added 48 of 1983 s. 3. Amended L.N. 15 of 1988)

Subsections (1) and (3) of section 19A shall apply to a plea of guilty by a corporation under section 81B as they do in the case of a plea of guilty to an offence tried summarily. (Added 48 of 1983 s. 3)

If the corporation appears before the magistrate by a representative appointed in writing by the corporation to represent it for the purpose of this section, any question or statement required by any enactment to be put or made to the accused may be put or made to such representative, and any such question may be answered on behalf of the corporation by such representative, but if the corporation does not so appear it shall not be necessary to put or make the questions or statements, and the magistrate may, notwithstanding, commit the corporation. (Amended 48 of 1983 s. 3)

Nothing in this section shall have the effect of taking away from a magistrate any power which he may possess of dealing with a charge summarily.

[cf. 1925 c. 86 s. 33 U.K.]

No person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any committal proceedings in Hong Kong containing any matter other than that permitted by subsection (7). (Amended 59 of 1994 s. 6)

Notwithstanding subsection (1), a magistrate shall, on an application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) shall not apply to reports of those proceedings, and any such order shall be entered in the Magistrate’s Case Register.

If the accused is not represented at any preliminary inquiry by counsel or by a solicitor, the magistrate shall, immediately before taking depositions of witnesses, explain to the accused the restrictions on reports of committal proceedings imposed by subsection (1) and inform him of his right to apply to the court for an order removing those restrictions. (Amended 48 of 1983 s. 3)

Where a magistrate has made an order under subsection (2) removing the restrictions on reports of committal proceedings and has adjourned those proceedings to another day, he shall, at the beginning of the adjourned hearing of the proceedings, state that the order has been made.

Notwithstanding subsection (1) a report of committal proceedings containing matter other than that permitted by subsection (7) may be published or broadcast—

Notwithstanding subsection (1), where at any time during committal proceedings the magistrate assumes power to deal with the offence summarily under section 91 or 92, a report of so much of the committal proceedings containing any such matter as takes place before the magistrate assumes such power may be published or broadcast, after the magistrate has assumed power, as part of a report of the summary trial.

A report of committal proceedings published or broadcast without any order under subsection (2) and before the time specified in subsections (5) and (6) may contain—

If a report is published or broadcast in contravention of this section, the following persons—

shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)

Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

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.

In this section—

Where any proceedings are transferred for a preliminary inquiry pursuant to section 77A of the District Court Ordinance (Cap. 336), the Secretary for Justice shall, if he wishes to seek the committal of the accused person, file a charge sheet against him within 21 days of the date of the order transferring the proceedings, and thereupon, unless otherwise provided, the provisions of this Part shall apply in relation thereto as if the accused person were charged under this Part with an indictable offence before the magistrate. (Amended L.N. 362 of 1997)

Subsection (1) shall, without prejudice to any other provision in this Ordinance, be applicable to indictable offences.

Where the Secretary for Justice fails to file a charge sheet under section 87C(1) within the period specified in that section— (Amended L.N. 362 of 1997)

direct that the accused person be discharged in respect of the charges to which the transferred proceedings relate.

A discharge under subsection (1) shall be deemed to be an acquittal.

Notwithstanding anything contained in any other provision of this Ordinance but subject to subsection (3), 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 Secretary for Justice— (Amended 59 of 1992 s. 15; L.N. 362 of 1997)

An application under subsection (1) may be made either orally in open court or in writing.

Subsection (1) shall not apply in relation to any proceedings transferred to be dealt with summarily by a magistrate pursuant to section 65F of the Criminal Procedure Ordinance (Cap. 221) or section 77A of the District Court Ordinance (Cap. 336) or transferred for a preliminary inquiry pursuant to section 77A of the District Court Ordinance (Cap. 336). (Added 59 of 1992 s. 15)

An order of transfer shall operate as a stay of proceedings before the magistrate touching the charge or complaint to which the order refers and all process relating to the transferred charge or complaint shall be transmitted to the District Court.

An order of transfer shall not be subject to appeal.

Upon making an order of transfer under section 88, a magistrate shall—

Where the magistrate has given the warning required by subsection (1)(d) the clerk of the court shall give the accused person written notice of the provisions of section 75A of the District Court Ordinance (Cap. 336). (Added 6 of 1990 s. 9)

The provisions of section 79 (which relates to a magistrate’s power to remand an accused person) shall apply, mutatis mutandis and subject to the substitution in subsection (1) of that section of “20 clear days” for “8 clear days”, in relation to the exercise by a magistrate of the powers conferred by subsection (1)(b), but the application of such provisions shall be without prejudice to any of the powers of the District Court to enforce the attendance of a person accused of an indictable offence in respect of which the charge or complaint has been transferred to that court. (Amended 41 of 1981 s. 2)

Where a charge sheet is not delivered against the accused under section 93A(a) within the period specified in that paragraph—

direct that the accused be discharged in respect of the charges to which the transferred proceedings relate.

A discharge under subsection (1) shall be deemed to be an acquittal.

Where a person is convicted of an offence other than an indictable offence the magistrate may, if he is not precluded from sentencing the person by the exercise of some other power (such as the power to make a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298)), impose a fine in lieu of or in addition to dealing with the person in any other way in which the magistrate has power to deal with him, subject however to any enactment requiring the person to be dealt with in a particular way.

In the exercise of the power under subsection (1) a magistrate shall not impose on an offender, in default of payment of the fine, any greater term of imprisonment than that to which the offender would have been liable under the enactment authorizing the imprisonment.

A fine imposed in exercise of the power under subsection (1) shall not—

except where a greater sum is specifically provided for in any other Ordinance.

If it appears to a magistrate that any charge or complaint was maliciously preferred without reasonable or probable cause, the magistrate may, on the application of the person against whom the charge or complaint was made, order the complainant to pay to that person reasonable compensation not exceeding $10,000.

Before making any order under subsection (1) the magistrate shall give the complainant an opportunity to show cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf.

If any compensation ordered under subsection (1) is not paid forthwith, the magistrate may commit the person against whom the order is made to prison in accordance with section 68.

Where under any enactment a fine is imposed by a magistrate on a person and the fine is not paid forthwith or in such manner as may be allowed or directed, subject to such enactment, a magistrate may—

On the appearance of such person before a magistrate in consequence of a summons or warrant issued under subsection (1), the magistrate may commit him to prison for such period as may be in accordance with the scale provided by section 68: (See Form 60)Provided that—(a)where the enactment under which the fine was imposed lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment imposed under section 68 shall not exceed such a term;(b)in respect of the non-payment of a fine by a person to whom time has been allowed for payment or who has been directed to pay by instalments under section 41—(i)a warrant of commitment to prison shall not be issued unless the magistrate first makes inquiry as to his means in his presence; and (See Form 62)(ii)after making such inquiry, the magistrate may, if he thinks fit, instead of issuing a warrant of commitment to prison, make an order extending the time allowed for payment or varying the amount of the instalments or the times at which the instalments were, by the previous direction of a magistrate, directed to be paid.

(Repealed 56 of 1994 s. 11)

Where a person is charged with an indictable offence a magistrate may admit the accused person to bail. (Replaced 56 of 1994 s. 11)

It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an inspector of police to admit the accused to bail. (Amended 56 of 1994 s. 11)

In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the date of his trial, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that the accused ought to be admitted to bail, such magistrate shall certify on the warrant of commitment his consent to the accused being bailed and it shall be lawful for a magistrate or for the magistrates’ clerk, on production of such certificate, to admit the accused to bail in manner aforesaid. (See Form 91) (Amended 9 of 1950 Schedule; 63 of 1971 s. 13; 50 of 1991 s. 4; 56 of 1994 s. 11; 47 of 1997 s. 10)

In every case where the accused in custody is admitted to bail by a magistrate other than the committing magistrate as aforesaid, such magistrate shall forthwith transmit the recognizance of bail to the committing magistrate to be transmitted with the depositions. (Amended 47 of 1997 s. 10)

In every case where a magistrate admits to bail any person who is then in prison charged with the offence for which he is so admitted to bail, the magistrate shall send to or cause to be lodged with the Commissioner of Correctional Services a warrant of deliverance, under his hand and seal, requiring the said Commissioner to discharge the person so admitted to bail, if he is detained for no other offence, and, on such warrant of deliverance being delivered to or lodged with the said Commissioner, he shall forthwith obey the same. (See Form 92)

Where, however, the bail of the person in prison is taken by the magistrates’ clerk in pursuance of section 102(4) a written certificate, signed by such magistrates’ clerk, that the bail has been duly given shall be a good authority to the said Commissioner to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause. (Amended 47 of 1997 s. 10)

[cf. 1848 c. 42 s. 24 U.K.]

Within 14 clear days after the determination in any manner by a magistrate of any matter which he has power to determine in a summary way it shall be lawful for either party thereto to apply to the magistrate to review his decision in the matter. (Amended 69 of 1972 s. 2)

An application may be made whether by the party himself or by his counsel, and shall be made in writing to the magistrates’ clerk. (Replaced 13 of 1995 s. 64)

If either party to the said matter is in the custody of the Commissioner of Correctional Services, the magistrate shall, unless he dismisses the application forthwith, inform the Commissioner of Correctional Services in writing that an application for a review has been made, and thereafter the Commissioner of Correctional Services shall produce the said party whenever so required in writing by a magistrate for the purposes of the review or of the application therefor.

It shall be lawful for the magistrate to grant the application for a review at any time provided that the application for the review shall have been duly made in accordance with the provisions of subsections (1) and (2).

A magistrate shall not reject an application for a review without giving the applicant or his counsel an opportunity to make representations to him in open court. (Added 13 of 1995 s. 64)

It shall also be lawful for a magistrate on his own initiative, within 14 clear days after the determination in any manner of any matter which he has power to determine in a summary way, to re-open the case, and thereafter, whether within the said period of 14 clear days or after its expiration, to review his decision in the matter. (Amended 69 of 1972 s. 2)

If the magistrate on his own initiative reviews his decision or grants an application for a review, it shall be lawful for him upon the review to re-open and re-hear the case wholly or in part, and to take fresh evidence, and to reverse, vary or confirm his previous decision.

If the magistrate upon the review decides that the case is one which should be re-opened and wholly re-heard and if he is of the opinion that in the interests of justice the case should be re-heard by another magistrate, it shall be lawful for some other magistrate to re-hear and determine the case accordingly.

For the purpose of the review a magistrate shall have all the powers, as to securing the attendance of the parties and witnesses and otherwise, that he would have if the matter were brought before him as an original complaint or information.

No application for a review shall be granted and no exercise by a magistrate shall be made of the power conferred on him by subsection (5) subsequent to the commencement of proceedings by either party with a view to questioning the decision of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned. (Replaced 24 of 1949 s. 38)

For the purpose of determining the time within which an appeal whether by way of case stated under section 105 or under section 113 may be lodged, the determination of a case by way of review under this section or the refusal to grant a review shall, in the event of such determination or refusal and notwithstanding anything contained in the sections aforesaid, or in section 114 be the date as from which the respective periods for lodging an appeal shall run but nothing in this Ordinance shall authorize an appeal, whether by way of case stated or otherwise, from the refusal of a magistrate to grant a review. (Replaced 24 of 1949 s. 38)

If it is made to appear to any magistrate, by any credible person, that any person within Hong Kong is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, in any proceedings relating to the return to Hong Kong of any person accused or convicted of an offence the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a magistrate to give evidence or to produce the document or thing, and may take depositions in the absence of the person accused in like manner as he might take the same if such person were present and accused of an offence before him.

A magistrate may enforce the attendance of a person summoned under subsection (1) in the manner provided in Part II for enforcing the attendance of a witness.

If, on the appearance of a person summoned under subsection (1), he refuses to be examined upon oath, or refuses to take such oath or having taken such oath refuses without just excuse to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises.

The appellant shall, within 3 weeks from the making of an application under section 105, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Court of Appeal and to pay such costs as may be awarded by the judge or Court of Appeal or, with the magistrate’s consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates’ clerk, or otherwise, as the magistrate may deem sufficient. (See Forms 98, 99)

The appellant, if in custody, may, by order of a magistrate, be brought up for the purpose of entering into the recognizance. (See Form 100)

The appellant shall not be entitled to have the case delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.

The appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the magistrates’ clerk or other proper officer, in respect of the said case and recognizance, the fees following—

This section shall not apply where the application is made by or under the direction of the Secretary for Justice. (Amended L.N. 362 of 1997)

Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connection with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, in manner hereinafter provided to a judge. [cf. 1914 c. 58 s. 37(1) U.K.]

Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge against his sentence unless the sentence is one fixed by law. [cf. 1925 c. 86 s. 25 U.K.]

After the hearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connection with an offence either party thereto may appeal from such order or determination of such magistrate to a judge.

Where any person has been convicted by a magistrate of any offence (including an indictable offence triable summarily), or been made the subject of any order or determination by a magistrate relating to or in connection with an offence, the Chief Executive may, if he thinks fit, at any time thereafter either— (Amended 25 of 1998 s. 2)

The Fifth Schedule shall have effect for the purpose of regulating references to a judge under subsection (1)(a) in respect of the sections specified in that Schedule.

A reference by the Chief Executive under this section— (Amended 25 of 1998 s. 2)

For the avoidance of doubt, it is hereby declared that this section also applies in a case where an appeal has been heard and determined by the Court of Final Appeal. (Added 79 of 1995 s. 50)

Where it appears to a magistrate or to a judge, on application made in accordance with subsection (2), that any person wishing to appeal against any conviction, order or determination by any magistrate has failed to give the notice of appeal required by section 114 within the period of 14 days prescribed by paragraph (a) thereof, the magistrate or the judge, as the case may be, may, on good cause being shown by the applicant, order that such notice may be given within such further time as shall be specified in such order.

An application under subsection (1) shall be made in writing and— (See Form 103)

Where an order is made under subsection (1)—

An application may be made under subsection (1) to a judge notwithstanding the refusal by a magistrate of an application thereunder.

Despite the provisions of this Part it shall be unnecessary to serve any notice or document on the Secretary for Justice if the appeal relates to any order or determination other than an order or determination relating to or in connection with an offence. (Amended L.N. 362 of 1997)

Any notice or document required to be served on the Secretary for Justice shall be served upon the clerk in the Department of Justice from time to time discharging the duties of prosecution clerk or by addressing the same to the Secretary for Justice by registered post. (Amended L.N. 362 of 1997; 59 of 1999 s. 3)

Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if dispatched by registered post addressed, in the case of a person in prison custody, to the Commissioner of Correctional Services and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice of document dispatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post.

Where it is made to appear to a judge that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided he may order that such notice be given or such document served— (Amended 92 of 1975 s. 58)

As soon as practicable after the appellant has lodged a notice of appeal, the magistrates’ clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the Registrar may require, and the statement by the magistrate of his findings on the facts and other grounds of his decision, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the respondent and to the Secretary for Justice as to the date, time and place fixed for the hearing of the appeal. (Amended L.N. 362 of 1997; 21 of 1999 s. 30)

Where an appellant has for the purposes of section 119(a) entered into a separate recognizance or given other security for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any, and a statement as to any other such security given by the appellant. (Amended 48 of 1949 s. 8)

Where any recognizance for the purposes of such an appeal as aforesaid is entered into otherwise than before the magistrate against whose decision the appeal is brought, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to the clerk to such magistrate.

In the case of an appeal under section 105 or 113 the appellant may at any time, not less than 2 clear days before the date fixed for the hearing, abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice of the abandonment to the respondent and to the Registrar.

Where an appeal has been abandoned—

The payment of any costs ordered to be paid under subsection (2) may be enforced as a civil debt recoverable on a magistrate’s summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.

In the case of any appeal to which section 105 or 113 applies—

Either party to any appeal under section 105 or 113 may be heard in person or by any barrister and in any appeal under section 113(1) and (2), not being appeals reserved for hearing or directed to be argued before the Court of Appeal, either party may be heard by any counsel.

In the case of any appeal to which section 105 or 113 applies—

On any appeal to which section 105 or 113 applies, the judge may make such orders as to costs, as he may think fit, and may—

and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(Repealed 39 of 1996 s. 24)

The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.

The judge may, in lieu of signing a list in accordance with subsection (2), make an order wholly discharging the recognizance.

The judge, unless he makes an order wholly discharging the recognizance—

Any order under subsection (4)(b) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.

The Registrar shall enter upon the record any order made by the judge under this section.

The powers conferred by this section shall be in addition to, and not in derogation of any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.

A judge may, on the application of an appellant who is in custody, order the appellant to be brought up to the court in custody for the purpose of attending his appeal or any application or any proceeding therein.

Without prejudice to subsection (1), a judge may, on the application of an appellant who is in custody, admit the appellant to bail pending the determination of his appeal or any proceeding therein.

The time during which an appellant is held in custody pending the determination of his appeal or any application or proceeding therein shall, subject to any direction which a judge may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.

Where an appellant is admitted to bail under subsection (2) or under section 119(a), the time during which he is at large after being so admitted shall not be reckoned as part of the term of any sentence to which he is for the time being subject.

The term of any sentence passed by a judge on an appeal shall, unless a judge otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.

Section 119(a) and subsections (1) to (5) of this section shall apply to the case of a review under the provisions of section 104, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.

For any act done by a magistrate in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued by the magistrate in any such matter, may maintain an action against the magistrate in the same form and in the same case as he might have done before the commencement of this Ordinance, without making any allegation in his pleadings that the act complained of was done maliciously and without reasonable and probable cause:Provided, nevertheless, that no such action shall be brought for anything done under such conviction or order until after such conviction or order has been quashed, either on appeal to the Court of Appeal or on application to the court, nor shall any such action be brought for anything done under any such warrant which has been issued by the magistrate to procure the appearance of such party, and which has been followed by a conviction or order in the same matter, until after such conviction or order has been so quashed as aforesaid; or if such last-mentioned warrant has not been followed by any such conviction or order, or if it is a warrant on an information for an alleged indictable offence, nevertheless, if a summons was issued previously to the warrant, and such summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of the summons, in such case no such action shall be maintained against the magistrate for anything done under warrant.

In any action under this section it shall be a good defence that the act complained of was not done maliciously and without reasonable and probable cause, and the onus of proving the same shall rest with the magistrate. (Added 2 of 1955 s. 9)

Save under and in accordance with the provisions of this section no action shall lie in any civil court against a magistrate for any act done in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction. (Added 2 of 1955 s. 9)

[cf. 1848 c. 44 s. 2 U.K.]

The Chief Justice, with the approval by resolution of the Legislative Council, may make regulations—

A table of the fees and costs for the time being in force shall be hung up in some conspicuous part of the magistrates’ court.

A magistrate may refuse to do any act for which any fee is payable unless such fee has been paid, and, where any such act is done and the fee due thereon remains unpaid, any magistrate may summon the person from whom such fee is due and the fee may be recovered in the manner provided in this Ordinance for the recovery of a fine.