MAGISTRATES (ADMINISTRATIVE) RULES
Title
MAGISTRATES (ADMINISTRATIVE) RULES
Description
MAGISTRATES (ADMINISTRATIVE) RULES
ARRANGEMENT OF
RULES
Rule LAW Page
SUMMARY
PROCEEDINGS
1. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A2
2. Magistrate's Case Register ... ... ... ... ... ... ... ... ... ... ... A 2
3. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3
4. Other accounts dispensed with ... ... ... ... ... ... ... ... ... ... A 3
5. Returns to Chief Secretary ... ... ... ... ... ... ... ... ... ... ... A 3
6. Application of sum due under forfeited security ... ... ... ... ... ... A 3
7. Form of security ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
8. Security book ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
9. Notice to principal of forfeiture of security ... ... ... ... ... ... ... A 4
10. Application to vary order for sureties ... ... ... ... ... ... ... ... A 4
11. Payment by defendant ... ... ... ... ... ... ... ... ... ... ... ... A 4
12. Discharge of prisoner on payment ... ... ... ... ... ... ... ... ... A4
13. Direction that money found on defaulter shall not be applied in satisfaction
of fine ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
14. Costs of plaintiff or complainant in enforcing order ... ... ... ... ... A 5
15. Custody of exhibits ... ... ... ... ... ... ... ... ... ... ... ... A 5
APPEALS
16..........................Delivery of additional copy of case stated ... . ... ... A 5
17..............Mode of stating case ......... ... ... ... ... ... ... ... ... ... A 5
18.....................Costs of drawing and copying case ... ... ... ... ... ... ... ... A 5
19.....................Transmission of exhibits on appeal ... ... ... ... ... ... ... ... A 6
CITATION
20. Citation ................................. ... ... ... ... ... ... ... A 6
Schedule. Magistrate's Case Register........... ... ... ... ... ... ... ... ... A 6
MAGISTRATES (ADMINISTRATIVE) RULES
(Cap. 227, sections 35, 62, 63, 64 and 133)
[1st January, 1933.1
SUMMARY PROCEEDINGS
1. In these rules, unless the context otherwise requires-
'authorized clerk' means in respect of each magistracy any person
authorized in writing, by a magistrate normally sitting at that
magistracy, to perform the duties hereinafter referred to;
'magistracy' means any premises, other than those separately used as
a juvenile court in accordance with the provisions of section 3D(2)
of the Juvenile Offenders Ordinance, which contain rooms in which
a magistrate habitually sits to hear and try any complaint or
information;
'transfer' refers to the transfer of a charge to the District Court.
2. (1) In each magistracy there shall be kept a book to be known as
the Magistrate's Case Register in which shall be entered particulars, as
required, of every proceeding or matter before a
c'
magistrate there sitting taken from the relevant-
(a) information; or
(b) complaint; or
(c) claim; or
(d) charge sheet; and
(e)the magistrate's minutes referred to in section 34 of the
Ordinance.
(2) There shall be a Part 1, a Part II and a Part 111 of the
Magistrate's Case Register and each part shall be separately bound in
book form and shall contain the headings and be in the form set out in
the Schedule.
(3) There shall be entered-
(a)in Part 1 of the Register the required particulars relevant to all
cases for trial, transfer or committal, in respect of persons in
custody or on bail at the time that the information relating
thereto is filed in that magistracy;
1
(b)in Part 11 thereof the required particulars relevant to all cases
for trial in respect of persons summoned to appear before a
magistrate to answer to the information, complaint or claim
relating thereto; and
(e)in Part Ill thereof the required particulars relevant to all other
cases and matters, including those concerning the disposal of
property or of rights relating to property where no defendant
or respondent is named.
(4) The particulars required to complete columns (1) to (4) of Part 1
and columns (1) to (6) of Part 11 or Part Ill shall be completed on the
same date as the relevant information, complaint, claim or charge sheet,
is filed in that magistracy, and the remaining columns of any Part shall
be completed before the end of the next working day following the date
of adjudication or transfer of the relevant information, complaint, claim
or charge sheet.
(5) The accuracy of all entries in the Magistrate's Case Register
shall be authenticated by the signature of an authorized clerk at the foot
or end of the entries relevant to each several day, and he shall also be
responsible to insert after his signature the date when he so signed.
3. (1) The magistrates' clerk shall render an account of all fines, fees
and other sums received by him under the 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 made by instalments, 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 such
form as shall be required by 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 Chief 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 appropriation 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 undertaking.
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 he is bound as principal or as surety, the sum in
which each person is bound, the undertaking or condition by which
he is bound, the date of the security, and the person before whom
it is taken.
(2) Where any such security is not entered into 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.
cl
(3) The security book, and any certified extract therefrom,
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 2 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 the Ordinance.
10. Ail application under section 62 of the Ordinance shall be
an application for a summons requiring the complainant to show
cause why the order made on his complaint should riot 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 receiving 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 certificate of
the payment, and, on receiving the certificate by post or otherwise,
cl
the gaoler in whose custody the prisoner then is shall forthwith
discharge the prisoner.
13. Where the defendant is committed to prison or other place of
detention, any direction given under section 38 of the Ordinance shall
be endorsed on the warrant of commitment.
14. 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 not exceeding 6 weeks, unless the same shall be sooner
paid.
15. (1) Except insofar as the magistrate may direct all exhibits in the
case shall remain in the custody of the magistrates' clerk or of such
person as the magistrate may direct until an appeal has been lodged or
the period during which an appeal may be lodged has expired.
(2) After the expiration of the period during which an appeal may be
lodged or, in the case of an appeal, after the exhibits have been returned
to the magistrates clerk by the Registrar of the Supreme Court as
provided by rule 19(2) the magistrates' clerk shall, subject to any order
which the magistrate may make, return all exhibits to the persons who
originally produced the same:
Provided that any such exhibit as to which an order for restitution
may have been made by the magistrate or by a judge of the Court as the
case may be, shall not be returned except under the direction of the
magistrate or of the judge of the Court as the case may be.
APPEALS
16. In all cases of appeal to the Court of Appeal on questions of law
under Part VII 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 2 judges, furnish the Registrar
with an additional copy of the case stated and of the depositions, if any,
attached thereto; and if he falls 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.
17. Every case stated under Part VII 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.
18. The costs of drawing and copying any such case as afore
said which does not in substance comply with the requirements of rule
17 shall not be allowed on taxation, unless the Court of Appeal or the
judge before whom the appeal is heard specially so directs.
19. (1) Whenever the magistrates' clerk shall receive notice of any
appeal in accordance with section 114(b) of the Ordinance or the
magistrate has received a request to sign and state a case in accordance
with section 105 of the Ordinance, the magistrates' clerk shall transmit all
exhibits in the case to the Registrar of the Supreme Court or to such
person as the Registrar may direct at the same time as he transmits the
notice of appeal to the Registrar, in accordance with the provisions of
section 116(1) of the Ordinance.
(2) All such exhibits other than such documents as are usually kept
by the Registrar shall, after the determination of the appeal and subject
to any order which the Court may make, be returned to the magistrates'
clerk for disposal as provided in rule 15(2).
CITATION
20. These rules may be cited as the Magistrates (Administrative)
Rules.
SCHEDULE [r. 2.]
MAGISTRATES CASE REGISTER
PARTI
(1) (2) (3) (4)
Date of filingRegistered No Nature of
of Charge Sheetof Charge Sheet Name of Offence or
Defendant
(Information) (Information) Matter
(5) (6) (7) (8)
Remarks
Magistrate Date ofMinute of (Remand,
Adjudicating Adjudication Adjudication
Adjournment etc.)
PART 11
(1) (2) (3) (4) (5)
Date of
filing of
Registered
Application Date of Name of
No. of Nameof
S
for Summon Hearing Informant or Defendant
(Information Summons Complainant
or Complaint)
(6) (7) (9)
(8) (10)
Nature of Date of Remarks
Magistrate Minute of (Remand,
Offence or Adjudica-
Matter Adjudicating Adjudication Adjournment
tion etc.)
PART III
(1) (2) (3) (4) (5)
Date of Registered Date of Name of Name of
filing of No. of Respondent,
Application Hearing Applicant
Application if any
(6) (7) (8) (9) (10)
Nature of Date of
Authority Magistrate Adjudica- Minute of
for CourtAdjudicating Adjudication Remarks
Order tion
41 of 1932, Second Schedule. G.N.A. 73/53. G.N.A. 82/84. G.N.A. 78/56. G.N.A. 91/60. L.N. 176/74. L.N. 226/76. Interpretation. G.N.A. 91/60. (Cap. 226.) Magistrate's Case Register. G.N.A. 91/60. Schedule. L.N. 176/74. L.N. 176/74. Accounts. Schedule. Other accounts dispensed with. G.N.A. 91/60. Returns to Chief Secretary. L.N. 226/76. Application of sum due under forfeited security. Form of security. Security book. Notice to principal of forfeiture of security. Application to vary order for sureties. Payment by defendant. Discharge of prisoner on payment. Direction that money found on defaulter shall not be applied in satisfaction of fine. G.N.A. 78/56. Costs of plaintiff or complainant in enforcing order. Custody of exhibits. G.N.A. 82/54. Delivery of additional copy of case stated. Mode of stating case. Costs of drawing and copying case. Transmission of exhibits on appeal. G.N.A. 82/54. Citation. L.N. 176/74.
Abstract
41 of 1932, Second Schedule. G.N.A. 73/53. G.N.A. 82/84. G.N.A. 78/56. G.N.A. 91/60. L.N. 176/74. L.N. 226/76. Interpretation. G.N.A. 91/60. (Cap. 226.) Magistrate's Case Register. G.N.A. 91/60. Schedule. L.N. 176/74. L.N. 176/74. Accounts. Schedule. Other accounts dispensed with. G.N.A. 91/60. Returns to Chief Secretary. L.N. 226/76. Application of sum due under forfeited security. Form of security. Security book. Notice to principal of forfeiture of security. Application to vary order for sureties. Payment by defendant. Discharge of prisoner on payment. Direction that money found on defaulter shall not be applied in satisfaction of fine. G.N.A. 78/56. Costs of plaintiff or complainant in enforcing order. Custody of exhibits. G.N.A. 82/54. Delivery of additional copy of case stated. Mode of stating case. Costs of drawing and copying case. Transmission of exhibits on appeal. G.N.A. 82/54. Citation. L.N. 176/74.
Identifier
https://oelawhk.lib.hku.hk/items/show/2916
Edition
1964
Volume
v15
Subsequent Cap No.
227
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MAGISTRATES (ADMINISTRATIVE) RULES,” Historical Laws of Hong Kong Online, accessed January 31, 2025, https://oelawhk.lib.hku.hk/items/show/2916.