MAGISTRATES (ADMINISTRATIVE) RULES

MAGISTRATES (ADMINISTRATIVE) RULES

FORM 90. [s. 112.]

Notice of appeal to a judge against sentence.

IN THE MAGISTRATE'S COURT AT

HONG KONG.

To M.N., the magistrates' clerk at the said Court.

I, A.B.,. of do hereby give you notice that it is, my
intention to appeal to a judge of the Supreme Court of Hong Kong
against my sentence on a certain conviction of me by J.P., Esquire,
a magistrate sitting at the said Court for having on
at (state offence, etc.).And that the general grounds
of my appeal are that my sentence was too severe.

Dated this day of 19

(Signed) A.B.

MAGISTRATES (ADMINISTRATIVE) RULES.

(Cap. 227, sections 34, 61, 62, 63 and 131).
(Ordinance NO. 41 Of 1932).

[1st January, 1933.]

Suntmary proceedings.

1. (1) When, in pursuance of subsection (2) Of Sec-
tion 33 of the Ordinance the magistrates' clerk receives a
minute of proceedings, he shall forthwith enter particulars of
such minute in chronological order in a return in Form i
in the Appendix, which shall be authenticated by the signa-
ture of one of the magistrates.

(2) The return shall show the appropriation of any line
or penalty imposed.

2. The magistrate signing the return shall cause it to
be delivered to the magistrates' clerk, who shall transcribe
the particulars in Form 2 in the Appendix, in the register
referred to in subsection (4) of section 34 Of the Ordinance.

3. (1) The magistrates' clerk shall render an account
of all fines, fees and other sums received by hirn under this





Ordinance in such manner and at such times as the
Accountant General may direct.

(2) The magistrates' clerk shall enter on the day of its
receipt each sum of money received by him, on any account
whatever.

(3) Where payment is deferred or to be rnade by instal-
ments, the magistrates' clerk shall make a note opposite
the appropriate: entry in the return, and shall enter the sum
in a book called the Instalment Ledger.

(4) When the whole of such sum has been paid or
received by distress, or the term of imprisonment imposed
in default of payment or of sufficient distress has expired,
the magistrates' clerk shall then enter the sum in the
account : Provided that, though the whole of the sum may
not have been paid or recovered, the instalments received
shall be accounted for at such times and in such manner
as the Accountant General may direct.

4. When the magistrates' clerk has rendered an
account in the required or authorized form to the Accountant
General, he shall not be required to render any other account
relating to the same particulars.

5. The magistrates' clerk shall render such returns at
such times and in such manner as the Colonial Secretary
may direct.

6. Where a magistrate has enforced payment of any
sum due by a principal in pursuance of a security under the
Ordinance which appears to the magistrate to be forfeited,
the sum shall be paid to the magistrates' clerk, and shall
be paid and applied by him in accordance with its appro-
priation in such manner as the Accountant General may
direct.

7. Any security given under this Ordinance by an oral
or written acknowledgment may be in the form of an under-
taking.

8. (1) The magistrates' clerk shall keep a security
book, and shall enter therein, with respect to each security
given in relation to any proceeding, the name and address





of each person bound, showing whether be. is bound as
principal or as surety,. the sum in which each person is
bound, the undereaking or condition by which lie is bound,
the date of the security, and the person before whom it is
taken.

(2) Where any such security is not entered intp before
a magistrate or before the magistrates' clerk, the person
before whom it is entered into shall make a return thereof,
showing the above particulars, to the magistrates' clerk.

(3) The security book, and any certified extract there-
from, shall be evidence of the several matters hereby required
to be entered in the security book in like manner as if the
security book were the register.

9. (1) Not less than two clear days before a warrant
of distress is issued for a sum due by a principal in pursuance
of a forfeited security under the Ordinance, the magistrates'
clerk issuing the warrant shall cause notice of the forfeiture
to be served on the principal.

(2) Service of the notice may be effected either by,
prepaid letter sent to the address mentioned in the security,
or as service of a summons may be effected under this
Ordinance.

10. An application under section 61 of the Ordinance
shall be an application for a summons requiring the com-
plainant to show cause why the order made on his complaint
should not be varied.

11. When an order of commitment for non-payment of
money is issued, the defendant may, at any time before he
is delivered into the custody of the gaoler, pay to the officer
holding the order the amount endorsed thereon as that on
the payment of which he may be discharged, and, on receiv-
ing that amount, the officer shall discharge the defendant,
and shall forthwith pay over the amount to the magistrates'
clerk.

12. (1) The sum endorsed on the order of commitment
as that on payment of which the prisoner may be discharged
may be paid to the magistrates' clerk.





(2) Where it is paid to the clerk, he shall sign a certi-
ficate of the payment, and, on receiving the certificate by
post or otherwise, the gaoler in whose custody the prisoner
then is shall forthwith discharge the prisoner.

13. All costs incurred by the plaintiff or complainant in
endeavouring to enforce an order shall, unless a magistrate
otherwise orders, be enforceable by warrant of distress and
sale or by imprisonment, without hard labour, not exceed-
ing six weeks, unless the same shall be sooner paid.

Appeals.

14. In all cases of appeal to the Full Court on questions
of law under Part VI of the Ordinance, the party setting
down the appeal for argument shall, at the time of setting
down the appeal for argument and when the appeal is to be
heard before two judges, furnish the Registrar with an
additional copy of the case stated and of the depositions, if
any, attached thereto ; and if he fails to do so the other party
to such appeal may, on the day following, deliver such copy
as ought to have been delivered by the party making default;
and the party making default shall not be heard until he
has paid for such additional copy or deposited with the
Registrar a sufficient sum to pay for such copy.

15. Every case stated under Part VI of the Ordinance
shall be divided into paragraphs which, as nearly as may be,
shall be confined to a distinct portion of the subject, and
every paragraph shall be numbered consecutively.

16. The costs of drawing and copying any such case as
aforesaid which does not in substance comply with the
requirements of rule 15 shall not be allowed on taxation,
unless the Full Court or the judge before whom the appeal
is beard specially so directs.

Citation.

17. These rules may be cited as the Magistrates (Ad-
ministrative) Rules.






CAP. 227] Magistrates.





Magistrates. [CAP. 227 Ord. 41 of 1932, ss. 29, 56, 57, 58 and 127, Second Schedule. Returns to magistrate. (Cap. 227.) Appendix Form 1. Entries in register. Appendix. Form 2. (Magistrates (Forms) Rules, Form 60). Accounts. Form. Date of entry. Payments deferred or by instalments. Appendix. Form 1. Other accounts dispensed with. Returns to Colonial Secretary. Application of sum due under forfeited security. Form of security. Security book. [r. 8 cont.] Notice to principal of forfeiture of security. Application to vary order for sureties. Payment by defendant. Discharge of prisoner on payment. Costs of plaintiff or complainant in enforcing order. Delivery of additional copy of case stated. Mode of stating case. Costs of drawing and copying case. Citation.

Ord. 41 of 1932, ss. 29, 56, 57, 58 and 127, Second Schedule. Returns to magistrate. (Cap. 227.) Appendix Form 1. Entries in register. Appendix. Form 2. (Magistrates (Forms) Rules, Form 60). Accounts. Form. Date of entry. Payments deferred or by instalments. Appendix. Form 1. Other accounts dispensed with. Returns to Colonial Secretary. Application of sum due under forfeited security. Form of security. Security book. [r. 8 cont.] Notice to principal of forfeiture of security. Application to vary order for sureties. Payment by defendant. Discharge of prisoner on payment. Costs of plaintiff or complainant in enforcing order. Delivery of additional copy of case stated. Mode of stating case. Costs of drawing and copying case. Citation.

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