JUDICIAL PROCEEDINGS (ADJOURNMENT DURING GALE WARNINGS) ORDINANCE

JUDICIAL PROCEEDINGS (ADJOURNMENT DURING GALE WARNINGS) ORDINANCE

LAWS OF HONG KONG

JUDICIAL PROCEEDINGS (ADJOURNMENT
DURING GALE WARNINGS) ORDINANCE

CHAPTER 62





CHAPTER 62

JUDICIAL PROCEEDINGS (ADJOURNMENT
DURING GALE WARNINGS)

To provide for the adjournment of judicial proceedings during a gale warning
and for matters incidental thereto or connected therewith.

[4 July 1969.1

1. This Ordinance may be cited as the Judicial Proceedings
(Adjournment During Gale Warnings) Ordinance.

2. In this Ordinance, unless the context otherwise requires

-adjourned hearing' means the resumed hearing of any judicial
proceedings adjourned by or under this Ordinance;

'Director' means the Director of the Royal Observatory in the Colony;

'gale warning' means a warning of the occurrence of a tropical cyclone
in, or in the vicinity of, the Colony by the use of any of the tropical
cyclone warning signals referred to in section 5: (Replaced, 85 of
1978, s. 2)

'judicial proceedings' means any proceedings before a court. tribunal,
commission or other person having by law power to receive
evidence on oath;

'period of adjournment' means a period during which any judicial
proceedings are adjourned by section 3 or 6;

'tropical cyclone' means a tropical depression, a tropical storm, a
severe tropical storm and a typhoon.

3. (1) All judicial proceedings, part-heard or otherwise, which are
set down for hearing or are being conducted at a time which falls within
the duration of a gale warning shall stand and remain adjourned until
resumed in accordance with section 4.

(2) Notwithstanding the provisions of subsection (1) any judicial
proceedings may be continued during a gale warning and if so
continued shall have full effect in law.

4. Any judicial proceedings adjourned by virtue of section 3 shall
be resumed on the next day, which is not a public holiday, after the day
on which the gale warning ceases at the time and place specified for
such proceedings on the date of such adjournment under section 3.

5. (1) For the purposes of this Ordinance a gale warning shall





(a)commence when the Director issues from the Royal
Observatory a report to the effect that any of the tropical
cyclone warning signals commonly referred to as No. 8NW,
8SW, 8NE, 8SE, 9 or 10 is in force; and

(b)cease when the Director issues from the Royal Observatory a
report to the effect that none of the signals mentioned in
paragraph (a) remains in force. (Replaced, 85 of 1978, s.3)

(2) As soon as practicable after a gale warning ceases the Director
shall by notice in the Gazette declare the times at which and the days on
which the gale warning commenced and ceased.

6. (1) Notwithstanding sections 3 and 4, the Chief Justice may by
order provide for

(a) the adjournment of any judicial proceedings. and

(b)the resumption of any judicial proceedings adjourned under
paragraph (a) or by virtue of section 3,

if. in his opinion, it is expedient to do so, by reason of a tropical cyclone
or any circumstances arising therefrom. including its passing.

(2) Any order made under subsection (1) shall be published in the
Gazette as soon as practicable after the making thereof and, in the case
of an order for resumption, shall specify the day and the time when the
adjourned proceedings shall be resumed.

(Replaced, 3 7 of 19 72, s. 3)

7. (1) Any person who-

(a)being a prosecutor or witness, is bound over, by recognizance
or otherwise, to appear in, or attend at, any judicial
proceedings set down for hearing on a day and at a time which
falls within a period of adjournment;

(b)being a defendant or an accused, is admitted to bail or is
otherwise required to appear in, or attend at, any judicial
proceedings set down for hearing on a day and at a time which
falls within a period of adjournment,

shall attend the adjourned hearing.

(2) Any person who is remanded in custody and is required to be
produced before a court for purposes of any judicial proceedings on a
day and at a time which falls within a period of adjournment shall be
produced before the court at the adjourned hearing.

8. (1) Where a person is discharged under section 52(1) of the
Police Force Ordinance upon his entering into a recognizance, with or
without sureties, to appear before a magistrate or to surrender for
service of a warrant of arrest and detention or for





discharge at the time named in the recognizance and such time falls
within the duration of a gale warning the time shall be deemed to be
extended until the same time on the next day, which is not a public
holiday, after the day on which the gale warning ceases.

(2) Where any person is detained in custody under section
52(1) or (4) of the Police Force Ordinance during a gale warning
and it is not practicable to produce the person before a magistrate
within the time limit prescribed in the said subsection (1) or (4). as
the case may be, he shall be produced before a magistrate on the
next day, which is not a public holiday. after the day, on which the
gale warning ceases.

9. (1) Any person who is required by a summons or other
court process or otherwise to attend any judicial proceedings on a
day and at a time which falls within a period of adjournment shall
attend the adjourned hearing.

(2) Any person who is required by a subpoena or otherwise to
produce any document or other thing at any judicial proceedings on
a day and at a time which falls within a period of adjournment shall
produce the document or other thing at the adjourned hearing.

10. [Repealed, 43 of 1983, s. 3]

11. A person who fails to comply with any of the provisions of
section 7, 8 or 9 shall not incur any penalty for such default unless
the default is wilful.
Originally 37 of 1969. 37 of 1972. 85 of 1978. 43 of 1983. Short title. Interpretation. Adjournment of judicial proceedings during gale warning. Resumption of adjourned judicial proceedings. Duration of gale warning. Chief Justice may order adjournment or resumption of judicial proceedings. Attendance at adjourned hearing. Persons arrested or detained by police. (Cap. 232.) Attendance on summons, etc. Penalty for wilful default.

Originally 37 of 1969. 37 of 1972. 85 of 1978. 43 of 1983. Short title. Interpretation. Adjournment of judicial proceedings during gale warning. Resumption of adjourned judicial proceedings. Duration of gale warning. Chief Justice may order adjournment or resumption of judicial proceedings. Attendance at adjourned hearing. Persons arrested or detained by police. (Cap. 232.) Attendance on summons, etc. Penalty for wilful default.

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