MAGISTRATES (FORMS) RULES
Title
MAGISTRATES (FORMS) RULES
Description
MAGIETRATES (FORMS)
RULES
ARRANGEMENT OF RULES
Rule ....................... Page
1 Citation.................. ... ... ... . ... C 6
2. Forms .................................. ... ... ... . ... ... C 6
SCHEDULE
PARTI
FORMS FOR SUMMARY OFFENCES
1 Summons to the defendant upon an information ot complaint ... ... ... ... C 6
1 A.Notice to appear before a magistrate to a person alleged to have committed an
offence .................................. ... ... ... ... ... ... C 6
1 B.Notice to appear before a magistrate by a person alleged to have committed an
offence under the Country Parks and Special Areas Regulations ... ... c 9
2 Warrant when summons is disobeyed ............ C 14
2A.......................Warrant where notice to appear is disobeyed ... ... ... ... ... ... ... c 1 5
3.....................................Warrant where defendant bound by a recognizance failed to appear ... C 16
4,.................Warrant in the first instance ... ... ... ... ... ... ... ... ... ... c 16
5.........................................Warrant of committal for safe custody during an adjournment of the hearing C 17
6..................................Recognizance conditioned for appearance. (With sureties) ... ... ... C 17
7...............................Recognizance conditioned for appearance. (Personal) ... ... ... ... c 18
8. Recognizance conditioned for appearance. (Money deposit with sureties) c 19
9......................................Recognizance conditioned for appearance. (Personal money deposit) ... c 19
10). Recognizance to be of good behaviour and to appear for conviction and sentence
or for sentence. (With sureties) ............ ... ... ... ... ... ... C 20
11. Recognizance to be of good behaviour and to appear for conviction and sentence
or for sentence. (Personal) ................. ... ... ... ... ... ... C 21
11A. Warrant of commitment on commission of further offence during probation
period of conditional discharge ...... ... ... ... ... ... ... ... C 22
12 Notice of forfeiture of recognizance to be given to principal ... ... ... C 22
13 Certificate of forfeiture to be endorsed on recognizance ... ... ... ... C 23
14...............Summons to a witness . ..... . ... ... ... ... ... C 23
15. Warrant where a witness has not obeyed a summons ... ... ... ... ... ... C 23
16......................Warrant for a in the first instance ... ... ... ... ... ... ... C 24
17. Commitment of a witness refusing to be sworn or to give evidence ... ... ... C 24
18. Warrant to remind a defendant when apprehended ... . . ... ... ... C 25
19......................Minute and depositions of witnesses ... ... ... ... ... ... ... C25
20. Conviction for fine, to belevied by distress, etc., and, in default of sufficient
distress, imprisonment ............................. ... ... ... ... ... ... ... C 26
Form Page
21. Conviction for fine, to be levied by distress, and, in default of sufficient distress.
imprisonment ... ... ... ...
22. Conviction for fine, and, in default (if payment. imprisonment ... ... ... c 27
23. Conviction when the punishment is by imprisonment. Costs . ... ... c 28
24. Conviction where punishment is by imprisonment. 'se, costs ... C 2 8
25. Conviction or order where security is to be given en for pay ment ... ... ... ... c
~19
26. Where defendant is discharged conditionally tion ally on entering it g into a
recognizance to be of 1
good behaviour and to appear 1 . .... ... 1 ... ... C 29
27. Order for payment of money ............. ... ... .. ... ... ... ... C -)g
27A. Order for payment of money. etc. under section 22(2) of the Fixed Penalty
(Trallic
Contraventions) Ordinance, Cap. 237 ... ... ... ... .1. ... ... ...
28. Summons to defendant to show cause why a warrant arrant of commitment should
riot
issue ................................ ... ... ... ... ... ... ... C 31
29. Warrant to apprehend for non-payment of fine ... ... ... ... C 31
30. Order for payment ol- money it) be lo levied by distress, and. in default of distress.
imprisonment ............................ ... ... ... ... ... ... ... C 112
31. Order for any matter (other than the pay ment of a civil debt) where here
disobedience to
the order is punishable by imprisonment ... ... ... ... ... ... ... C 33
32. Order of dismissa of an information or complaint 1.1 11.
33. Order discharging offender but directing him to damages or Cost, or boil]
34. Order to enter into recognizance it) keep the peace or to be of good behaviour C
35. Recognizance conditioned to keep the peace or to be of good behaviour or not lo do
or commit sonic act or thing. (With sureties) ... ... ... ... ... ... C 3
36. Recognizance conditioned to keep the peace or to he of good behaviour or riot
to do
or commit some act or thing. (Personal) ... . . ... ... ... ... C 35
17. Summons to person bound by which is alleged to have c been forfeited
by conviction of principal ............ ... ... ... C 36
Adjudication offorfciture of here person bound as principal has been
convicted of an offence which is a breach of the condition ... ... ... 37
39. Order cancelling or mitigating forfeiture of recognizance (To he endorsed on
recognizance) .............. ........ ... ... ... .1 . ... C 1
40.........................................Summons to attend an application for varying or dispensing with sureties 38
41.........................................Order varying order for sureties C 38
4 2........................................Oral or written acknowledgment ot' undertaking to pay a sun] adjudged by a
conviction .............................. ... ... ... c
43. Oral or written acknowledgment of undertaking to perform condition of forfeited
recognizance ................ .............. ... ... ... ... C 39
44.............................Declaration of service of summons or other document ... ... ... C 40
45......................Declaration as to handwriting and seal ... ... ... ... ... ... ... ... C 40
46.........................Order for restitution of property ... .1. ... 1 . ... ... C 41
47.............................Certificate of dismissal ... ... ... ... ... C 41
48. Warrant of distress on conviction for fine. with or without costs or damages. or
for
costs or damages without fine ... . ... .1. ... ... C 41
49. Warrant of distress on an order for the pay merit of an\ sum of money ... ... C42
Form Page
50. Warrant of distress for costs on a conviction where the offence is punishable by
imprisonment ............... ........... ... ... ... ... ... ... C 43
51. Warrant of distress for costs on an order 'here the disobeying of the order is
punishable with imprisonment ......... ... ... ... ... ... ... ... C 43
52. Warrant of distress for costs on an order for dismissal of an information or
complaint ... ....................... ... ... ... ... ... ... C 44
53. Warrant of distress where the defendant is discharged. but is ordered to pay
damages or costs or both ............. ... ... ... ... ... ... ... C45
54. Warrant of distress for sum due under recognizance declared to be forfeited C45
55. Warrant of distress for sum due under recognizance adjudged to be forfeited by
conviction of principal .............. ... .. ... ... ... ... ... ... C 46
56, Warrant of distress for sum due by a principal in pursuance of a forfeited security
for
payment of a sum adjudged by. a conviction ... ... ... ... C 46
57. Return to a warrant of distress ........ ... ... ... ... ... ... ... C47
58. Account of costs and charges incurred in respect of the execution of a 'arrant of
distress .. .......................... ... ... ... ... ... ... C 4 7
59. Warrant of commitment on a conviction in the first instance ... ... ... C47
60. Warrant of commitment where defendant has not paid within time allowed C48
61. Warrant of commitment on an order in the first instance ... ... ... ... C 48
62. Warrant of commitment on an order where defendant has not paid within the time
allowed ................................. ... ... ... ... ... ... C 49
63. Warrant of commitment for want of distress ... ... ... ... ... C 50
64. Warrant of commitment pending return to warrant of distress following conviction C 50
65. Warrant of commitment pending return to warrant of distress following order C 51
66. Warrant of commitment on a conviction where the punishment is by
imprisonment ............................ ... ... ... ... ... ... ... C 51
66A. Order of suspended sentence order section 109B of the Criminal Procedure
Ordinance, Cap. 221 ...... 1 ........... ... 1 . ... ... ... C 52
66 Order that suspended sentence shall take effect under section 109C(I)(a) and (b) of
the Criminal Procedure Ordinance, Cap. 221 ... ... ... ... ... ... C 52
66C. Warrant of commitment on commission of further ofrence during operational
period of suspended sentence under section 109C of the Criminal Procedure
Ordinance, Cap. 221 .................. ... ... ... ... ... ... ... C53
67. Warrant of commitment to put the accused upon trial for an indictable offence C 53
68. Warrant of commitment on an order where disobedience to the order is punishable
by imprisonment ...................... ... ... ... ... ... ... ... C 54
69. Warrant of commitment for want of distress in either of the cases mentioned in
Forms 48 and 49 .............. .... ... ... ... ... ... C 54
70. Warrant of commitment for want of distress in the case mentioned in Form 52 C 55
71. Warrant of commitment reducing term of imprisonment on part payment C 55
PART 11
FORMS FOR RECOVERY OF CIVIL
DEBTS
71A. Complaint ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... C 56
71 B. Summons to defendant ... ... ... ... ... ... ... ... ... ... ... ... C 56
Form........................................ Page
72.............Summons to witness ......... ... ... ... ... ... ... ... ... C 57
73.............Judgment summons .............. ... ... ... ... ... ... ... ... ... C 57
74..................Order of commitment ...... ... ... ... ... ... ... ... ... ... C 58
75. Certificate for discharge of a prisoner from custody ... ... ... ... ... ... C 59
76...........Distress warrant ............. ... ... ... ... ... ... ... ... ... ... C 60
77. Oral or written acknowledgment of undertaking to pay civil debt ... ... ... C 61
PART III
FORMS FOR INDICTABLE OFFENCES
78......................Caution to and statement by accused ... ... ... ... ... ... ... ... C 61
19...........Witness Order ................... . ... ... ... ... ... C 62
1
80. Notice to witness that a witness order is to be treated as a conditional order ... C
62
81. Notice to witness that his attendance 'ill not be required in the High Court in any
event ................................ ... ... ... ... ... ... ... C 63
84..................Warrant remanding accused ... ... ... ... ... ... ... ... ... ... C 63
85. Recopnizance of bail instead of remand. on an adjournment of examination. (With
sureties) ............................... ... ... ... C 64
86. Recognizance of hail instead of remend on an adjournment of examination.
(Personal) .............................. ... ... ... C 64
87. Notice (if the said recognizance to be given en to accused and his sureties ... ...
C65
88. Recognizance conditioned for appearance. (with sureties) sureties) ... .1. ... .1. C
66
89. Recognizance conditioned for appearance. (Personal) ... ... ... ... C 66
90. Notice of the said rcognizance to he given to accused and his ... ... C 67
91. Certificate of consent to bail h\ the committing endorsed on the
commitment .......... ......... . C 68
92. Warrant of deliverrance on hail being given for a prisoner already committed C 68
PART IV
FORMS FOR INDICTABLE OFFENCES TRIABLE St SUMMARILY
93.........................Summary conviction of indictable ofrence . ... ... ... ... ... C 68
94, Order of dismissal w here an indictable ofrence has been tried summarily ... ... C 69
PART V
FORMS RELATING To APPEALS AND CASE STATED
95......................Application to magistrate to state a case ... ... ... ... ... ... C 69
96...........................Magistrate's certificate of refusal to state case ... ... ... ... ... ... C 69
97..................Case stated by, a magistrate ... ... ... ... ... ... ... ... ... ... C 70
98. Recognizance to prosecute appeal and to appear if appellant is liberated from
custody.. (Personal) ... ... ... ... ... ... ... ... ...
....... C 71
Form Page
99. Recognizance to prosecute appeal and to appear if appellant is liberated from
custody. (Money deposit) .......... ... ... ... ... ... C 72
100. Order to bring up appellant in custody to enter into recognizance of appeal C 73
101...........................Notice of appeal to a judge against conviction ... ... ... .1. C 73
102.........................Notice of appeal to ajudge against sentence ... ... ... ... ... ... ... C 74
103..................................Application for extension of time for giving notice of appeal ... ... ... C 74
PART VI
FORMS RELATING TO MINOR OFFENCE NOTICE PROCEDURE
104. Notice of Prosecution for Minor Ofrence-Complainant Court Copy ... ... C75
105. Notice of Prosecution for Minor Offence- Defendant's Copy ... ... C 77
106..........................Notice of Imposition of Penalty---CourtCopy 11. 1 . ... ... ... C so
106A...........................Notice of Imposition of Penallyl-Defendant's Copy ... ... ... ... ... C 8 1
107..........................Notice of Non-payment of Penalty-Court Copy ... ... ... ... ... ... C 82
107a. Notice of Non-payment of Penalty- Defendant's Copy. ... ... ... ... ... C 84
108.................Notice of Hearing of Review ... ... ... ... ... ... ... ... ... C85
109. Summons to Defendant ---Minor Offence-Defendant's Copy ... ... ... ... C 86
110..............................Summons to Defendant- -Minor Offence-Court Copy .. 1 ... ... ... C
88
ill. Summons to Defendant-Minor Offence-Informant's Copy ... ... ... ... C 91
MAGISTRATES (FORMS) RULES
(Cap. 227, section 133)
[31 March 1967.]
1. These rules may be cited as the Magistrates (Forms) Rules.
2. The forms in the Schedule shall be the prescribed forms for the
purposes of the Ordinance.
SCHEDULE
PARTI
FORMS FOR SUMMARY
OFFENCES
FORM 1 [ss. 8 & 72.]
Summons to the defendant upon an information or
complaint
HONG KONG. IN THE MAGISTRATE'S COURT
To .of [labourer].
Information having this day been laid (or complaint having this day been
made) for that you on the day of
19 at in this Colony, did [here state shortly
the matter of the information or complaint] contrary to [here state the law
applicable]:
These are, therefore, to command you, in Her Majesty's name, to be and appear
on day, the day of 19
at o'clock in the noon, at the said court, before
such magistrate as may then be there, to answer to the said information (or
complaint), and to he further dealt with according to law.
Dated this day of 19
[LS]
Magistrate
FORM 1A No.
MAGISTRATES ORDINANCE
(Chapter 227)
Notice to appear before a magistrate [s. 8A Fourth
to a person alleged to have Schedule.]
committed an offence
1. This Notice is issued to
FORM I A [s. 8A Fourth Schedule.]
MAGISTRATES ORDINANCE
(Chapter 227)
Notice to appear before a Magistrate
IN THE MAGISTRATE'S COURT AT ........................................................................
...........................
To:
Full Name ..................................................
Address ......................................................
.........
.........
Sex and Age *MalelFemale (age)
**Hong Kong Identity Card No . ......................................................
(if known)
......................................................
. ........................................................................... (full
name),
... . ......................
............................ (office/rank),
a public officer specified in the Fourth Schedule to the Magistrates Ordinance
(Cap. 227), suspect that you have committed an offence specified in that
Schedule as follows-
Particulars of alleged offence ......................................................
.............................
Date and time of alleged offence / /19 (date)
......................... *a.m./p.m.
(time)
Place of alleged offence
*Country Park/Special Area 1
(if applicable)......................................................
contrary to
*(a) Part III of the Public Health and Municipal Services Ordinance
(Cap. 132) section .....
*(b) the Public Cleansing and Prevention of Nuisances (Urban Council)
By-laws (Cap. 132, sub. leg.) by-law
*(c) the Public Cleansing and Prevention of Nuisances (Regional
Council) By-laws (Cap. 132, sub. leg.) by-law
*(d) the Country Parks and Special Areas Regulations (Cap. 208, sub.
leg.) regulation
*(e) the Summary Offences Ordinance (Cap. 228) section 4D(I),
and, in accordance with section 8A of the Magistrates Ordinance (Cap. 227),
serve on you this notice requiring you to appear before a magistrate to be
dealt
with according to law at the following time and place--
Date and time of hearing ....................... /19
(date)
......................... *a.m./p.m.
(time)
Place of hearing Court No .
.............. Magistracy
*Hong Kong/Kowloon/ ................
2. WARNING: If you fail to appear at the time and place of hearing
mentioned in paragraph I
(a) the magistrate may issue a warrant for your arrest; and
(b) you will be ordered to pay the costs specified in section 8A(5) of the
Magistrates Ordinance (Cap. 227) whether or not you are convicted
offence.
Signature of Public Officer
...............................
Date
.............................................
Delete as
necessary.
**Where no Hong Kong Identity Card is held a passport or other travel
document number
may be
inserted.
(k) Without proper dustbin,
(By-law/ Regulation 19)
(1)Permitting dustbin to remain in public place exceeding 10
minutes. (By-lawl'Regulation 20)
FORM 1 B
MEGISTRATES ORDINANCE
(Chapter 227)
Notice to appear before a magistrate [s. 8A and
ky a person alleged to have committed an Fourth
offence under the CounirL, Parks and Schedule.]
Special Area Regulations
To (a) ................. ......... of (b)
.........................................................
........................................
................
..................................... ................ .........
......................................................
1(c) ........................... ..... a
public officer specified in the Fourth S~hedule to the Magistrates Ordinance
(Cap. 227), have reasons to suspect that you'lon the day of
........................................................ 19 at
about ..........*a.m./p.m. did
(d) ..........................................
in the .............
...................
*Country Park/Special Area, thereby committing an ofrence specified in the said
Fourth Schedule, contrary to the laws of Hong Kong particulars of which are
at (e) ......................................................... overleaf.
2. Pursuant to section 8A of the Magistrates Ordinance (Cap. 227),
I hereby serve you with notice that yo u are required to be and appear
on the ..............day of .. ...11 19 at
*a.m./p.m. at the Magistrate's Court at ........................................................
*Hong Kong/ Kowloon,New Territories befor such magistrate as may then be
there, to answer to the alleged of be dealt with according to law.
Dated this .....day of 19
................
Public Officer.
...Rank
delete whichever is not applicable.
WARNING: If you fail to appear at the time and place mentioned in paragraph 2
of this notice-
(a) the magistrate may issue his warrant for your arrest; and
(b) whether or not you are convicted of the offence alleged
against
you, you will have to pay costs between $20 and $400.
Notes: (a) insert full name of person alleged to have committed the ofrence;
(b) insert addressof the person alleged to have committed the offence;
(c) insert name and rank of the public officer serving notice;
(d) insert particulars of the ofrence alleged;
(e) insert the law which is applicable;
to be signed by the public officer giving this notice; and
(g) to be completed in duplicate.
This notice was served by me at
on ..day of .......19 .1 ..at ...*a.m./p.m.
..............
(Singature of Public Officer)
PARTICULARS OF CONTRAVENTIONS
1. Bringing a vehicle or bicycle into a country park or special area or driving,
using or being in possession of a vehicle or bicycle within a country park or special
area without the consent of the Authority.
Regulation 4(1) of the Country Parks and Special Areas Regulations.
2. Bringing into a country park or special area of having control of within a
country park or special area any cattle, equines, sheep, goats, pigs, dogs, cats or
poultry without a permit in writing granted by the Authority.
Regulation 5(1) of the Country Parks and Special Areas Regulations.
3. Carrying or being in possession of a lantern, cooking stove or other similar
apparatus which uses flame within a country park or special area otherwise than at
a designated barbecue or camping site or when travelling between any designated
barbecue or camping site and the boundary or entrance to the country park or
special area.
Regulation 7(1)(a) of the Country Parks and Special Areas Regulations.
4. Carrying or being in possession of any flare, flame-gun, fire-balloon or
other similar device within a country park or special area.
Regulation 7(1)(b) of the Country Parks and Special Areas Regulations.
5. Lighting or using a fire or being a member of a group using any fire within a
country park or special area otherwise than at a designated barbecue or camping
site.
Regulation 7(1)(c) of the Country Parks and Special 'Areas Regulations.
6. Discarding a match, lighted cigarette, pipe ash or other substance in a
manner likely to cause a fire within a country park or special'area.
Regulation 7(1)(d) of the Country Parks and Special Are4s Regulations.
7. Lighting or using a fire in contravention of a prohibitiob on the lighting or
using of fires within a country park or special area under regulation 7(2) of the
Country Parks and Special Areas Regulations.
Regulations 7(2) and 20(3) of the Country Parks and Special Areas
Regulations.
8. Cutting, picking or uprooting any plant or part of a plant or digging,
cultivating or disturbing the soil or sowing or planting a seed or plant within a
country park or special area without a permit in writing granted by the Authority.
Regulation 8(1) of the Country Parks ind Special Areas Regulations.
9. Bringing into or allowing to remain in a country park or special area any
commodity or article intended or likely to be sold or let on hire without a permit
in writing granted by the Authority.
Regulation 9(1)(a) of the Country ParkI and Special Areas Regulations.
10. Selling or offering or exposing for sale, or letting on hire, any commodity
or article within a country park or special area without a permit in writing granted
by the AutRegulation 9(1)(b) of the Country Parks!and Special Areas Regulations.
11. In any country park or special area-
(a) displaying a sign, notice, poster, barilner or advertisement~
(b) constructing or erecting a building, but or shelter or excavating a cave;
(c) constructing or excavating a grave 0 depositing a human body in a grave:
(d) depositing an urn containing human remains,
without a permit in writing granted by the Authority.
Regulation 10(1) of the Country Parks and Special Areas Regulations.
12. Within a country park or special area-
(a) holding an event organized for the purpose of raising funds; or
(b)carrying on an activity, not being an activity otherwise permitted by the
Country Parks and Special Areas Regulations, for the purpose if. or
incidental to, any business,
without a permit in writing granted by the Authority.
Regulation 11 (i)(b) and (c) of the Country Parks and Special Areas
Regulations.
13. Playing a competitive team game or operating a power driven model boat.
power driven model aeroplane or power driven model vehicle within a country
park or special area, otherwise than in an area approved for that purpose by the
Authority and marked with signboards and markers.
Regulation 11 (2) of the Country Parks and Special Areas Regulations.
14. Camping or erecting a tent or temporary shelter within a country park or
special area without a permit in writing granted by the authority and not in a
designated camping site.
Regulation 11(3) of the Country Parks and Special Areas Regulations.
15. Within a country park or special area-
(a)wilfully or negligently defacing, injuring, soiling or defiling a notice,
marker, fence, building, shelter or any equipment or installation erected,
used or maintained by the Authority~
(b)wilfully or negligently obstructing or polluting any stream, water course.
pool or body of water;
depositing litter, paper or rubbish elsewhere than in a bin or container
provided for the purpose;
(d)spitting elsewhere than into a Iatrine, or into a channel or drain provided
for the carriage of sewage, sullage, waste water or excretal matter;
(c) being under the influence of drugs;
(f)operating or playing or making sounds on any musical or other instrument.
including any gramophone or radio apparatus, or singing or shouting, to
the annoyance of any other person;
(g)begging or gathering aims or, for the purpose of gathering alms, exposing
or exhibiting any sores, wounds, bodily ailments or deformity.
Regulation 12 of the Country Parks and Special Areas Regulations.
16. Entering a country park or special area or part thereof that has been
closed by the Authority, or remaining in a country park or special area or part
thereof that has been closed by the Authority after being requested to leave by the
Authority or an authorized officer or knowingly remaining for more than 12 hours
after notice of closure has been displayed, in a country park or special area that
has been closed by the Authority.
Regulation 13(3) of the Country ParlEs and Special Areas Regulations.
17. Failing to stop when driving a vehicle or riding a bicycle or horse within a
country park or special area, when called upon to do so by an authorized officer
acting in the course of his duties.
Regulation 20(2) of the Country Parks and Special Areas Regulations.
18. Failing without reasonable excuse, to produce a permit when required to do
so by the authority or an authorized officer.
Regulation 20(4) of the Country Parks and Special Areas Regulations.
Note: The specific regulation, contraven~d is quoted immediately after the
particulars of the offence.
Form 2 [ss. 18A, 20 72.]
Warrant when summons is disobelved
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony.
On the day of 19 information was
laid (or complaint was made) before a magistrate of the said Colony, that
[as in the summons]; and a summons was then issued by the said magistrate
to the said [name of defendant] commanding him, in Her Majesty's name, to he
and appear on 1 day, the day of )9
at o'clock in the noon, at the said court, before such
magistrate as might then be there, to answer to the said information (or complaint)
and to be further dealt with according to law; and the said [name of defendant]
having
not appeared at the time and place so appointed in and by the said summons,
although it has been proved to me upon oath (or declaration) that the said summons
has been duly served on the said [name of defendant]:
These are, therefore, to command you, in Her Majesty's name, forthwith to
apprehend thesaid [name of defendant] and to bringhim beforeme or such
magistrate as may then be sitting to answer to the said information (or complaint)
and to be further dealt with according to law.
Dated this day of 19
.......................
Magistrate.
FORM 2A
Warrant it.here notice to [s. 8A(3).]
appear is disobeyed
IN THE MAGISTRATE'S COURT AT .....................................................................
To each and all of the police officers of Hong Kong.
On the ..day of ............................................... 19
at ............... *a.m.,'p.m. a notice to appear before a magistrate was issued
by a public officer specified in the Fourth Schedule to the Magistrates Ordinance
(Cap. 227), to ...................................................................
................. Of (b) ...................................
requiring him to be and appear on the day
of ............19 ...at ............... *a.m., p.m.
at the Magistrate's Court at ...............................................
*Hong Kong Kowloon New Territories before such magistrate as might then be
there to he dealt with according to law; and the said (a)
.............................................
........................... ....................................... having not
appeared at the time and place so specified in the notice, although it has been
proved upon oath that the notice has been served on him personally:
These are, therefore. to command you in Her Majesty's name. forthwith to
apprehend the said (a) ........................................................ and
......................................
to bring him before me or such magistrate as may then he sitting to be dealt with
according to law.
Dated this ........day of 19
...............................
Magistrate.
[L S.]
delete whichever is not applicable,
Notes. (a) insert full name of person on whom the notice has been served.
(b) insert full address of person on whom the notice has been served.
FORm 3 [ss. 220 23.]
Warrant where defendant bound bli. a recognizance has failed to
appear
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony.
On the day of 19 information was laid
(or complaint was made or [name of defendant] was charged), before a magistrate
of the said Colony, that he [here state shortlY the matter of the in]6rmation,
complaint or charge];
and the said [name of defendant] was then bound by a recognizance to be and
appear on day, the day of 19
at o'clock in thenoon, at the said court. before me or such
magistrate as might then be sitting, to answer to the said information (or complaint
or charge) and to be further dealt with according to law, and the said [name of
delendant] has not appeared at the time and place so appointed:
These are, therefore, to command you. in Her Majesty's name, forthwith to
apprehend the said [name of defendant 1 and to bring him before me or such
magistrate as may then be sitting to answer to the said information (or complaint
or charge) and to be further dealt with according to law,
Dated this day of 19
............
[L. S.] Magistrate.
FORM 4 [ss. 9. 7 2 74.]
Warrant in the first instance
HonG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony.
Information having this day been laid before the undersigned, a magistrate of the
said Colony. for that [here state shortly the matter of the information]; and oath
(or declaration) being now made before me substantiating the matter of such
information:
These are, therefore, to command you, in Her Majesty's name. forthwith to
apprehend the said [name of defendant] and to bring him before a magistrate of
the said Colony to answer to the said information. and to be further dealt with
according to law.
Dated this day of 19
........................................
[L.S.] Magistrate.
NOTE-When the offence is committed on the high seas (or in foreign parts) the warrant should describe the
party injured to have been at the time of the offence---inthe peace of the Queen---.
FORm 5 [ss. 20 23.1
Warrant of committalfor safe custodv during an
adjournment of the hearing
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services.
On the day of 19 information was laid
before the undersigned, a magistrate of the said Colony for that [here state shor11,1
the matter of the information];
and the hearing of the same having been adjourned to day, the
day of 19 at o'clock in the noon, it is
necessary that the saidshould in the meantime be kept
in safe custody:
These are, therefore, to command you, the said police officers, in Her Majesty's
name. forthwith to convey the said
to a prison [or some other place qf securit v], and there to deliver him to the Com-
missioner of Correctional Services, with this precept; and you, the said
Commissioner.
to receive the saidinto your custody in a prison
[or some other place of security], and there safely to keep 6n until day,
the day of 19 when you, the said police officer,
are hereby required to convey and have him at the time and place to which the
said hearing is so adjourned as aforesaid, at o'clock in
thenoon of the same day, before me or such magistrate as may
then be there, to answer further to the said information and to be further dealt
with
according to law, unless you shall be otherwise ordered in the meantime.
Dated this day of 19
.......................
[L.S.1 Magistrate.
FORm 6[ss. 8, 20, 23, 3 1,
63, 64 65.1
(WITH SURETIES)
Recognizance conditionedfor appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
We, the undersigned of
of and of
severally acknowledge ourselves to
owe to Our Sovereign Lady the Queen the several sums following, namely, the
said as principal the sum of and the said
and as sureties the sum of
each, to be levied on our several goods, lands, and tenements if the said
fails in the condition hereon endorsed.
Signed (where not taken orally)
...............
Taken (orally) before me the day of 19
...........
Magistrate.
Explained by (or Magistraie's Clerk or
Superintendent of Police
or Inspector of Police or
Commissioner of Corre, tional
Services, as the case may be).
...............................
1
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden appears before such magistrate
as may then be sitting at the said court on day, the day of
19 at o'clock in the noon, to answer
(further) to the charge made against him by and to be
(further) dealt with according to law (or appears before such magistrate as may
then be sitting atfor sentence when called
upon) then the said recognizance shall be void, but otherwise shall remain in
fullforce.
NOTE-Mhere zhe recognizance is taken orally omit the words---theundersigned- and insert the word
---orally-after 'Taken*'.
FOR.m 7[ss. 20. 23, 31.
63. 64 65.1
(PERSONAL)
RecognLance condilionedfor appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned of
to owe to Our Sovereign Lady the Queen the sum of do hereby acknowledge myself
to be levied on my goods. lands and tenements if I the said
shall fail in the condition hereon endorsed.
Signed (ithere not taken oralli.) ............................................................
Taken (orally) before me the day of 19
.......................................
[L.S.1 Magistrate.
Explained by for Magistrates Clerk or
Superintendent of Police
or Inspector ofPolice or
Commissioner of Correctional
Services, as the case may be).
.......................................
Sit orn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden appears before such
magistrate as may then be sitting at the said court on day,
the day of 19 at o'clock in the noon.
to answer (further) to the charge made against him by
and to be (further) dealt with according to law (ot. appears before such magistrate
as may then be sitting atfor sentence when
called upon) then the said recognizance shall be void, but otherwise shall remain
in full force.
NOTE-Where the recognizance is taken orally emit the words---theundersigned' and insert 1he word ---orally-
after---Taken---.
FORM 8[ss. 20, 23. 3 1,
63, 64 65.1
(MONEY DEPOSIT
WITH SURETIES)
Recognizance conditionedfor appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned of
Sovereign Lady the Queen the sum of do hereby acknowledge myself to owe to
Our
deposited herewith if 1 fail in the condition hereon endorsed and we, the
undersigned of
and of
severally acknowledge ourselves as sureties to owe to Our Sovereign Lady the
Queen the several sums following, namely, the said the
sum of and the said the
sum of to be levied on our several goods, lands
and tenements if the said fails in the condition
hereon endorsed.
Signed (where not taken oralli)
Taken (orally) before me the day of 19
............................ 1 1
IL.S.] Magistrate.
Explained by (or Clerk or
Police
or 1-pc, Pol- or
............ ........ rol
C i nal
Scri it es, as the case maybe),
. .. .. .... ... ..
........ Sit or n in. te
rprete r
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden person appears before such magistrate as may then be sitting at the said
court on day, the day of
19 at o'clock in the noon, to answer (further) to the
charge made against him byand to be (further)
dealt with according to law then the said recognizance shall be void. but otherwise
shall remain in full force.
NOTE-Where the recognizance is taken orally omit the words---theundersigned' and insert the word ---orally--
-after---Taken---.
FORM 9[ss. 20, 23, 3 1,
63, 64 65.1
(PERSONAL MONEY
DEPOSIT)
Recognizance conditionedfor appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
1, the undersigned of
do hereby acknowledge myself to owe to
Our Sovereign Lady the Queen the sum of
deposited herewith, if 1 fail in the condition hereon endorsed.
Signed (where not taken orally)
Taken (orally) before me the day of 19
[L.S.] ............... ~~a~istr a t e
Explained by (or Magistrates Clerk or
Superintendent of Police
or Inspector of Police or
Con7M issioner of Correctional
S,r, ices, as the case may be).
...................................
Sworn Interpreter.
CONDITION ENDORSIED
The condition of the within-written recognizance is such that if the within-
bounden person appears before such magistrate as may then be sitting at the said
court on day, the day of
19 at o'clock in the noon, to answer (further) to the
charge made against him byand to be (further)
dealt with according to law then the said recognizance shall be void, but otherwise
shall remain in full force.
NOTE-Where the recogmiance is taken orally omit the ords---theundersigned- and insert the ~d ---orally-arter
'Taken'.
FoRm 10 Is. 36.1
(WITH SURETIES)
Recognizance to be of'good beliav,iour and to
appearjor conviction and sentence orjor
sentence
HONG KONG. IN'THE MAGISTRATES COURT.AT
We, the undersigned of
of
and of
severally acknowledge ourselves to owe to Our Sovereign Lady the Queen the
several sums following. namely, the said
as principal, the sum of
and the said and
as sureties the sum of each,to be
levied on our several goods, lands. and tenements if the said principal fails in the
condition hereon, endorsed.
Signed (where not taken orall,v)
................................................
............
...........................
................................
...............
Taken (orally) before me the day of 19
.............................
[L.S.1 Magistrate s
Explained by
.............................
1
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the Within-
bounden principal is of good behaviour towards Her Majesty and all her liege
people
for the term now
next
ensuing and appears for conviction and sentence or for sentence when called upon
within the said period before such magistrate as may then be sitting at the said or
other magistrate's court, then the said recognizance shall be void, but otherwise
shall
remain in full force.
NOTE-Where the recogni4ance is taken orally omit the words ---theuridersiened- and iii~ert the word ---orally-
after 'Taken',
FORM 11 [s. 36.1
(PERSONAL)
conviction andsentence or fin- sentence
HONG KONG. IN THE MAGISTRATE'S COURT AT
1, the
undersigned of
do hereby acknowledge myself to owe to Our SovereiLn Lady the Queen the
sum of to be l~~ ied on' my goods,
lands
and tenements if 1 fail in the condition hercon endorsed.
Signed (where not taken orall.t.)
Taken (orally) before me the day of 19
[L.S.]............... .................................................
Ma~gistrate's Clerk..
Explained by
.........................................
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-writterl recognizance is such that if the within-
bounden person is of good behaviour towards Her Majesty and all her liege people
for the term of now
next ensuing and appears for conviction and sentence or for sentence when called
upon within the said period before such magistrate as may then be sitting at the
said
or other magistrate's court, then the said recognizance shall be void, but otherwise
shall remain in full force.
NOTE-Where the recognmance is taken orally omit the words ---theundersigned- and insert the word ---orally-
after---Taker---.
FORM 11 A [s. 36.]
Warrant of
offence
probation period or period of (onditional discharge
HONG KONG. 1\ THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
(hereinafter called the defendant)
m as on the day of 19 convicted by the
Magistrate's Court sitting at
[state shortly particulars of offence]. and on the said date [or on the
day of 19 the said Court made a probation order
w~ich required him her for the period of [y.cars] from the date hereof to be under
the supervision of a probation officer [ot. an order discharging him her subject to
the condition that he she should commit on further offence during the period
of years from the date thereof]:
And the defendant has this day appeared lor been brought) before me and
1 was satisfied that he she had on the da~ of
19 been convicted b~, the Macistratc's Court sitting at ..............
(or District Court sitting at .......................... or Hwh Court). of a
further offence, nameb parriculars of olklit e), commitled-b\ him her on
the day of 19 during the said period:
[(oi.) And the defendant has this day been conxicted by me of a further olTence.
nameb particulars ol oflowe). and 1 ~xa., satisfied that the said offence
as committed by him her on the day of 19
during the said period]:
And it xkas ~ik~judied that the defendant for the offence in respect of ~khich
the said order xk~i~ made be imprisoned in a prison in the said Colony for the
space of
These are. therefore. to coniniand \ou. the said police ollicers. to lake the
defendant an(] conkey him to a prison. ana there to deliser hint to the
Commissioner ofCorrectional Ser\ices. to,2etlicr~~ith this x~arrant: and you, the
said Commissioner. to receix c the defendant into y our custody. in a prison and
then to imprison him for the space of
and for your so doing this shall he your sufficient
~s arrant.
Dated this day ol' 19
FORM 12 [s. 64.1
Notice of lorleiture of to he gn en to principal
HONG KONG. 1\ THF M.AGISTRATF'S COL RT AT
Take notice that (on the complaint of
this Court has this day a(~judaed that the recognizance entered into by you on
the da~ of' 19 be forfeited and that you
pay the sum of (and for costs) to be paid forthwith
(or not later than the day of 19
Failure to pay. forthwith (or on or before the appointed day) 'ill render your
money and izoods liable to distraint ~sithout further notice.
Dated this day of 19
.............. ........ .... ....
...............
[LS Magistraie '.s Clerk.
FORM 13 [ss. 31 64.1
Certfficate offorleiture to be endorsed on re(~ogiii--
The within-named not having appeared
[or as the case maj, be] at the time and place in the said condition mentioned. it is
hereby certified that the within-written recognizance is forfeited.
Dated this day of 19
................ ijZ 1 s fr i 1 1
e. ........
FORM 14 [ss. 21 2-2.1
Sionnions to a it ilness
HONG KONG. IN THF MAGISTRATE'S CM RT XT
T o
Information having been laid (or complaint having been made) before j
magistrate of the said Colony', for that [as in thestannions to and it haxing
been made to appear to me that you are likely to give material ev idence on behalf if
the informant (or complainant, or defendant, or accused) in this behalf.
These are. therefore. to require you to be and appear on day.
the day of 19 at o'clock in the noon.
at the said court, before such magistrate as ma\ then be there. to te~tif\ what you
shall know concerning the matter of the said inf~rmation (or complaint).'
Dated this day of 19
Alagi strale.
FORM 15 [ss. 21 22.]
Warrant where a witness has not oberedasunonom
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said
Colony.
Information having been laid (or complaint having been made) before a
magistrate of the said Colony, for that [as in stannions to delendant 1: and it having
been made to appear that
of 'as likely to give material
evidence on behalf of the informant (or complainant, or defendant. or accused) a
summons was duly issued by the said magistrate to the said
requiring him to be and appear
on day, the day of 19 at o'clock
in the noon. at the said court before such magistrate as might then be
there, to testify what he should know concerning the said
or the matter of the said information (or complaint); and proof having this day
been made before me upon oath (or declaration) of such summons having been duly
served on the said and of a
reasonable sum having been tendered to him for his costs and expenses in that
behalf; and the said having refused or
neglected to appear at the time and place appointed by the said summons, and no
just excuse having been offered for such refusal or neelect:
These are, therefore, to command you to take the said
and to bring and have him on day, the day of
19 at o'clock in the noon, at the
said
court, before such magistrate as may then be there, to testify what he shall know
concerning the matter of the said information (or complaint).
Dated this day of 19
.................... :
[L.S.] Magistrate.
FOR.M 16 [ss. 21, 22 78.]
Warrantfior a wilness in thefirst instance
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said
Colony.
Information having been laid (or complaint having been made) before
a magistrate of the said Colony, for that [as in the suminons to d~kndant];
and it being made to appear before me upon oath (or declaration) that
of
is likely to give material evidence on behalf
of the informant (or complainant, or defendant. or accused) in this matter. and
it is probable that the said
will not attend to give evidence without being compelled to do so:
These are. therefore, to command you to bring and have the said
on day, the day of19
at o'clock in the noon. at the said court. before such mazistrate as
may then be there, to testify what he shall know concerning the matter if the said
inf~rmation (or complaint).'
Dated this day of 19
.............................
...................
.Magistrate.
FORM 17 (ss. 21, 22 78J
Cornridiment of a witness refusing to be sworn or to give ei,idence
HONG KONG. INTHE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services.
Information having been laid (or complaint having been made or
having been charged) before a magistrate of the
said Colony, for that (as in the stannions ridefetidaiit];
and one now appearing before me on day,
the day of 19 at the said court and being
required by me to make oath (or declaration) as a witness in that behalf now refuses
so to do (or being sworn or declared as a witness in the matter of the said
information,
or complaint, or charge) refuses to answer certain questions. without offering any
just
excuse for such his refusal:
These are, therefore, to command you, the said police officers to take the
said and him safely to convey to a
prison,
and there to deliver him to the Commissioner of Correctional Services, together
with
this precept; and you, the said Commissioner, to receive the said
into your custody in a prison, and there imprison him for such his contempt for
the space of days, unless he shall in the
meantime
consent to be examined and to answer concern ing the premises: and for your so
doing this shall be your sufficient warrant.
Dated this day of 19
......................... 1 1
FORM 18 [ss. 20 79.1
Warrant to remand a detendant it hen apprehended
HONG KONG. IN THE MAGISTRATE'S
COURTAT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services.
Information having been laid (ot. complaint having been made, ol.
having been charged) before a magistrate of
the said Colony. for that [as in thesummons to (tell.lili~ilit]:
and the said beine nou brt-)uuht before me under and
by virtue of a warrant upon such information (ol' complaint, or charee):
These are, therefore, to command you, the said poIice otlicers, in Her Majesty's
name. forthwith to convey the said
to a prison [or some other place of se(.zirii.i 1, and there to deliver him to the Com-
missioner of Correctional Services, together with this precept: and you. the said
Commissioner to receive the said
into your custody in a prison for some other pluce of'set.tirit.i.], and there safely
to keep him until day, the day d 19
when you, the said police officers, are hereby commanded to convey and have him
at the said court at o'clock in the noon o~f the same day.
before such magistrate as may then be there, to answer to the said information
(or complaint, or charge) and to be further dealt with according to law.
Dated this day of ....19
.............
[L51 ...Magistrate.
FOR.M 19 [ss. 34 8 1.1
Minute and depositions of witnesses
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Regina on the information (or complaint) of
versus &c.
Before Esquire, a magistrate of the said
Colony, sitting at the said court.
The examination of of
(nzerchant I. and of
[labourer]. taken upon oath (or declaration) this day of
19at the said court before the undersigned. a magistrate of the said Colony.
in the presence and hearing of agamst
whom information is laid (ot- complaint is made, or Who is charged) by
this day before [me]. for that he. the
said on the day of 19
atthe ofience as in the information, sunanons, or warraill of commitment].
This deponentupon his oath (or declaration)
saith as follows:
[siating the deposition of the wiiness as ne~t).1.1, as possible in the it.ords he uses. If 'hen
his
deposition is complete, iffhe offence is an indictable one, let hin? sign it].
And this deponent upon his oath (or declaration)
saith as follows:
[etc.].
The above depositions of and
were taken [and sworn] before me at on the
day and year first above mentioned.
........
[L51 Magistrate.
NOTE-Where a fine is inflicted a rnernorandurn ot'peiialties paid into court shall
he added.
FOR~,i 20 [ss. 28 69.1
Conliction.10P. fine. lo be lei,ieei bY distres.s. cu. and,
in dclault ol ~iiffii,iepit distress,
HoNc, Ko\(~. IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said
Colony. sittine at the said couri.
The day of 19
(hereinafter called the defendant) is this day con-
~icted before the said court for that he. on the day of
19 at [state ofiencel: and it is
adjudged that the defendant for his said offence do forfeit and pay the sum
of [staie the hne and costs or compensation if anyl to be paid and applied
according to and if the said sum be not paid forthmith (or on or before
the da,' of 19 ar by instalments
of for every days.the first instalment to
be paid forthwith or on the day of 19
*(it is ordered that the said sum be levied by distress and sale of the defendant's
goods and chattels, and in default of sufficient distress.)
*(then, inasmuch as it has now been made to appear to me that the issuing of
a warrant of distress in this behalf would be ruinous to the defendant and his
family.)
*(then. inasmuch as it has no' been made to appear to me that the defendant has
no goods orehattels Whereon to levy the said sum by distress,)
*(then, inasmuch as 1 deem it in6xpedient to iss~e such warrant of distress.) it
is adjudged that the defendant be imprisoned in a prison in the said Colony. for
the space of' unless the said sum (and
all costs and charges of the said distress) [and ofthe commilment and conl,ei-i?7g q/
the d(,kn(laiii to a prison). shall be sooner paid.
(L.S.1 Magistrate.
Deleic here inapplicable
FORM 21 [ss. 28. 41. 51 69.1
Conriction Jor fine. to he lei.ied bi and
in default of sufficient distress.
imprisonment
HONG KONG. IN THE M MAGISTRATE'S
COURTAT F
Before Esquire. a magistrate of the said
Colony, sitting at the said court.
The day of 19
(hereinafter called the defendant) is this day
convited before the said court for that he. on the day ot'
[9 at offence and it is
adjudged that the defendant for his said offence do forfeit and pay the Sum
(if [state the fine and costs or compensation if any to he paid and applied
according to law: and if the said ,urn he not paid forth\kith (or on or before
the day of 19 or by instalment
ol' for every the first instalment to
be paid forthwith or on the day ol' 19
it is ordered that the said sum be levied by distress and sale of the defendant's goods:
and. in default of sufficient distress. it is ordered that the defendant he imprisoned
in a prison in the said Colony for the space ot'
unless the said ,,urn, and all costs and charges of the said distress. shall he sootier
paid.
... 1 1 .......................
FORM 22 [ss. 28. 41 69.1
and, in default payment
imprisonment
HONG KONG. IN THE MAGISTRATE'S COL
COURT AT
Before Esquire, a magistrate of the said
Colony, sitting at the said court.
The day of 19
(hereinafter called the defendant) is this day convicted
before the said court for that he. on the day of
19 at [state offence] and it is
adjudged that the defendant for his said offence do forfeit and pay the ,;urn
of [state the fine and costs or if any] to be paid and applied
according to law: and if the said sum be not paid forthwith (or on or before the
day of 19 or by instalments
of for every days. the first [Instalment to
be paid forthwith or on the day, of 19
it is ordered that the defendant be imprisoned in a prison in the said Colony for
the space of unless the said sum shall
be sooner paid.
................. ...............................
Magistrate
FORM 23 [ss. 28, 41 69.1
Con Conviction when the pup? punishment is by
imprisonment Costs
HONG KONG, IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said
Colony, sitting at the said court.
The day of 19
(hereinafter called the defendant) is this day
convicted before the said court for that he, on the day of
19 at [state offence]; and it is adjudged
that the defendant for his said offence be imprisoned in a prison in the said
Colony for the space of and it is also adjudged
that the defendant do pay to the said the sum of
for his costs in this behalf. and if the said sum for costs be not paid forthwith
(or on or before the day of 19
*(then it is ordered that the said sum be levied by distress and sale of the goods
and chattels of the defendant and, in default of sufficient distress in that behalf,)
*(then inasmuch as it has now been made to appear to me that the issuing of a
warrant of distress in this behalf would be ruinous to the defendant and his family
*(then inasmuch as it has now been made to appear to me that the defendant has
no goods or chattels whereon to levy the said sums by distress.)
*(then inasmuch as 1 deem it inexpedient to issue such warrant of distress.) it is
adjudged that the defendant be imprisoned in a prison in the said Colony for the
space of to commence at and from the
termination of his imprisonment aforesaid, unless the said sum for costs and all costs
and charges of the said distress shall be sooner paid.
....................... ........... 1
Magistrate.
FORM 24 [s. 28.1
Coitvictie)pi~t.hei.epuni.~hi;ieiitisb.i.iti?pt-isonn?ent. No
costs
HONG KONG. IN THE MAGISTRATES COURT AT
Before Esquire, a magistrate of the said Colony,
sitting at the said court.
The day of 19
(hereafter called the defendant) is this day
convicted before the said court for that he, on the day of
19 at [state offence]: and it is adjudged that
the defendant for his said offence be imprisoned in a prison in the said Colony for
the space of
[L.S.] Magistrate.
FORM 25 [ss. 28 4 L]
Conviction or order where security is to be given for payment
HONG KONG. IN THE MAGISTRATES COURT
AT
[Proceed as in ordinary conviction or order down to direction as to time of payment
inclusive, and then, instead of inserting any direction as to distress or imprisonment,
proceed as follows
and it is ordered that be at liberty to give to
the satisfaction of a magistrate [or such person as be named]. security in the
sum ofwith two sureties (or one surety) in
the sum of[each], for the payment of the
said sums as above directed.
............... .......
[L.S.]
FORM 26 [ss. 28. 36 4 1.1
Where defendant is discharged conditionally on entering into a
recognizance to he of good behaviour and to appear
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Before Esquire. a magistrate of the said Colony.
sitting at the said court.
The day of 19
(hereinafter called the defendant) is this day found
guilty (and convicted) before the said court for that he on the day
of 19 at [state offence]: but being
of opinion that it is inexpedient to inflict any punishment (ot, any other than a
nominal punishment), and the defendant having entered into a recognizance without
(or with) sureties, in a sum ofdollars. to be of
good behaviour and to appear for conviction and sentence (or for sentence), when
called on at any time during a period of years (months),
he is conditionally discharged: and it is ordered that the defendant do pay to the
said for compensation (or damages)
and for costs [if so ordered] forthwith (or on or before
the day of 19 or by instalments of
for every days, the first instalment to be paid on or before
the day of 19
[L.S.] Magi
Magistrate
FORM 27 [ss. 28. 41 55.1
Order for payment of money
HONG KONG. IN THE MAGISTRATES COURT AT
Before Esquire, a magistrate of the said
Colony, sitting at the said court.
The day of 19
having made complaint that (hereinafter
called the defendant) [state the facts entitling the complainant to the order with
the
time and place when and where they occurred], and the parties aforesaid having
appeared (or the saidhaving appeared but the
defendant although duly called, not having appeared by himself or his counsel.
and it being now satisfactorily proved to me upon oath (or declaration) that
the defendant has been duly served with the summons in this behalf. which required
him to be and appear here on this day before such magistrate as might now be
here, to answer to the said complaint and to be further dealt with according to law];
and now, having heard the matter of the said complaint. it is adjudged and ordered
that the defendant do pay to the said the sum of forthwith
(or on or before the day of 19 or as the
Ordinance or statute may require), and also do pay to the said the
sum offor his costs in this behalf.. and if the said several sums are
not paid forthwith (or on or before the day of 19
it is adjudged that the defendant be imprisoned in a prison in the said Colony for
the space of unless the said several sums shall be sooner
paid.
............... .................................
[L.S.] magistrate,
FORM 27A
Order for of money etc under section 22(2) of the
Fixed
Penalty ' Traffic Ordinance Cap. 237
HONG KONG IN THE M MAGISRATE'S COURT AT
Before Esquire, a magistrate of the said Colony. sitting
at the said court
The day of 19
The Attorney General having made complaint that
(hereinafter called the defendant state the facts entitling the complainant to the
order with the tiem and place when and where here the i occurred and the
parties aforesaid having appeared (or counsel for the Attorney General having
appeared but the defendant, although duly, called. not having appeared by, himself
or his counsel. and it being nos., satisfactorily proved to me that the defendant has
been dub, served with the summons in this behalf. A which required him to be and
appear on this day before such magistrate as might now be here. to answer to the
said complaint and to be further dealt with according to la'): now, having heard the
matter of the said complaint. it is adjudged and ordered that
(a) the defendant do forthwith pay into this court the sum of S
being the fixed penalty of S an additional penalty of
5 1 and the sum of S for his costs in this behalf
(b)the Commissioner for Transport do, so long as the defendant fails to pay
the sums hereby adjudged to be paid
(i) take no action under paragraph (3), (4) or (5) of regulation 17 of
the Road Traffic (Registration and Licensing of Vehicles) Regulations on
receipt of any notice of transfer of ownership of the motor vehicle
registered with the mark
(ii) refuse to license the said motor vehicle under paragraph (3), (5) or
(6) of regulation 21 of the said Regulations: and
(iii) refuse to issue a driving licence to the defendant or to renew his
driving ing licence as the case may be.
[L,S.]
FORM 28 [s. 101A.]
Summons to defendant to show cause why a warrant
qf commitment should not issue
HONG KONG IN THE MAGISTRATE'S COURT AT
To of
[labourer].
Whereas on the day of 19 YOU were
convicted of an ofrence contrary to and
were fined
[or Whereas on the day of 19 it A as
adjudged that [name of defendant] should pay to the
sum of and also should pay to the said the
,;urn of for costs:]
And whereas you Acre allowed a period of day s within
which to pay the said sum and the said period has expired:
And whereas the said sum has not been paid:
These are, therefore, to command you. in Her Majesty 1 's name, to be and
appear
on day the day of 19
at o'clock in the noon. at the said court, before such
magistrate as may then he there. to show cause why a warrant of commitment
should
not issue and to be further dealt with according to law
And take notice that if you fail to appear a warrant to apprehend you may
issue.
Dated this day of 19
......................... ................
CERTIFICATE OF SERVICE
This summons was served by, me:
(PLACE) ...........................................................
(DATE) .... ........................................................
............ 1
.......................................................
(Signature qf Recipient of Summons). (Signature of Process Server).
FORM 29 [s, 101A.]
Warrant to apprehend for non-payment of fine
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony.
Whereas on the day, of 19
[name of defendant I was convicted of an offence contrary to
and was fined
[or Whereas on the day of 19 it was
adjudged that [name of defendant I should pay to the
sum of and also should pay to the said the
sum of for costs:]
And whereas the said [name of defendant] was allowed a period of days
within which to pay the said sum and the said period has expired:
And whereas the said sum has not been paid:
These are, therefore, to command you. in Her Majesty's name, forthwith to
apprehend the said [name of defendant I and to bring him before a magistrate of the
said Colony to show cause why a warrant of commitment should not issue and to
be further dealt with according to the law.
Dated this day of 19
.................
..............................
[L.S.] agistrate.
FORM 30 [ss. 2 8. 41 5 1.
Order for payment of money to he levied by distress and,
in default ol distress, imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said Colony.
sitting at the said court.
The day of 19
having made a complaint that (hereinafter
called the defendant) (state the facts entitling the complainant to the order, with fife
time and place when and where they occurred]: and the parties aforesaid having
appeared (or the saidhaving appeared but the
defendant. although duly called. not having appeared by. himself or his counsel. and
it
being now satisfactorily proved to me upon oath (of. declaration) that the defendant
has been duly served with the summons in this behalf. which required him to be and
appear here on this day before such magistrate as might now. be here, to answer to
the
said complaint, and to be further dealt with according to law): and now, having heard
the matter of the said complaint. it is adjudged and ordered that the defendant do
pay
to the said the sum of forthwith (or on
or before the day of 19 or as fife
Ordinance or statute may require). and also do pay to the said
the sum of for his costs in this behalf. and if the said several
sums are not paid forthwith (of- on or before the day, of
19
*(then it is ordered that the said sum be levied by distress and sale of the goods and
chattels of the defendant and, in default of sufficient distress in that behalf
*(then inasmuch as it has now been made to appear to me that the issuing of a
warrant of distress in this behalf would be ruinous to the defendant and his family,)
*(then inasmuch as it has now been made to appear to me that the defendant has
no goods or chattels whereon to levy the said sums by distress.)
*(then inasmuch as 1 deem it inexpedient to issue such warrant of distress.) it is
adjudged that the defendant be imprisoned in a prison in the said Colony for the
space of to commence at and from the termination of his
imprisonment aforesaid, unless the said sum for costs and all costs and charges of
the
said distress shall be sooner paid.
............... .... ............
[L.S.]
Delete where inapplicable.
FORM 31 [ss. 28 41.1
Order for any matter (other than the payment of a civil debt it here
disobedience to the order is punishable by imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said Colony,
sitting at the said court.
The day of 19
having made a complaint that (hereinafter
called the defendant) [state the facts entitling the complainant to the order. with the
time and place when and where they occurred]; and the parties aforesaid having
appeared (or the saidhaving appeared but the defendant.
although duly called, not having appeared by himself or his counsel, and it being now
satisfactorily proved to me upon oath (or declaration) that the defendant has been
duly served with the summons in this behalf, which required him to be and appear
here on this day before such magistrate as might now be here, to answer to the said
complaint, and to be further dealt with according to law): and now, having heard the
matter of the said complaint. it is adjudged and ordered that the defendant do [stale
the matter required to he clone]; and if. on a copy of a minute of this order being
served
on the defendant. either personally or by leaving, it for him at his last or most usual
place of abode. he refuses or neglects to obey this order. then it is adjudged that the
defendant for such his disobedience be imprisoned in a prison in the said Colony for
the space of unless the said order shall be sooner obeyed [if
the Ordinance or statute authorizes this]; and it is also adjudged and ordered that the
defendant do pay to the complainant the sum of
for his costs in this behalf forth' with (or on the day 1 of
19 or by instalments. etc.); and if default is made in payment according to this
adjudication and order, it is ordered that the sum due thereunder be levied by distress
and sale of the defendant's goods; and. in default of sufficient distress. it is adjudged
that the defendant he imprisoned in a prison for the space of to
commence at and from the termination of his imprisonment aforesaid unless the said
sum. and all costs and charges of the said distress. shall he sooner paid.
............................ ............
[L.S.]
FORM 32 [ss. 19. 28. 41 69.)
Order of dismissed of an information or complaint
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said Colony,
sitting at the said court.
The day of 19
Information was laid (or complaint was made) before the undersigned for
that [etc. as in the summons to the defendant] and both the said parties having
appeared before me in order that I should hear and determine the said information
(or complaint) (or the defendant having appeared before me, but the said
although duly called. not having appeared); and the matter of the said information
(or
complaint) being by me duly considered, it appears to me that the said information
(or complaint) is not proved, and it is therefore dismissed: and it is adjudged that the
said do pay to the defendant the sum of for his costs
incurred by him in his defence in this behalf; and if the said sum for costs is not paid
forthwith (or on or before the day of
19 it is ordered that the same be levied by distress and sale of the goods and
chattels of the saidand in default of sufficient distress in that behalf
it is adjudged that the saidbe imprisoned in a prison in the said
Colony for the space ofunless the said sum for costs. and all costs and
charges of the said distress, shall be sooner paid.
[L.S.]
Magistra
te
FORM 33 [ss. 28, 36 41.1
Order discharging offender but directing
him
to pay damages or costs or both
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said Colony,
sitting at the said court.
The day of 19
(hereinafter called the defendant) has been charged
on the information (or complaint) of for that he, on
the day of 19 at [state
offence and being of opinion that though the said charge is proved, the offence was
of so trivial a nature (or having regard to the character, antecedents, age. health or
mental condition of the defendant or an v other extenuating circumstances as the
case
may be) that it is inexpedient to inflict any punishment, 1 do therefore hereby
discharge the offender.
If payment of damages or costs is ordered proceed as follows]
and it is ordered that the defendant do pay to the said for
damages and for costs: and it is ordered that the said sums
be paid forthwith (or on or before the day of
19 or by instalments offor every days
the first instalment to be paid forthwith ai- on or before the day
of 19 and if default is made [proceed as in form a
con viction for fine to he levied by distress].
[L.S.] ........ Magistrate.
FORM 34 [ss. 28. 36. 41 61]
Order to enter into recognizance to keep the
peace
or to he ol good behaviour
HONG KONG. IN THE M MAGISTRATE's COL COURT
AT
Before Esquire. a magistrate of the said Colon-,
sitting at the said court.
The day of 19
having made complaint that (hereinaf)
called the defendant) [state thew facts entitling the complainant to the order, with the
time and place when and where the v occurred]; and the defendant having
appeared.
and on hearing the matter of the complaint. it is this day, adjudged and ordered that
the defendant do forthwith duly enter into a recognizance in the sum of
with surety in the sum of
[each] to keep the peace or be of good behaviour, towards the
complainant, for the term of now next ensuing and. if the defendant
fails to comply with this order it is adjudged that he be imprisoned in a prison in
the said Colony for the space of unless he shall sooner comply
with this order.
If costs are ordered proceed as follows
and it is also adjudged and ordered that the defendant do pay to the said
the sum of for costs forthwith (or
on or before the day of 19 or by
instalments, etc.); and if default is made in payment according to this adjudication
and order, it is ordered [proceed as in form of conviction for fine to be levied by
distress).
............... 1
[L S.] Magistrate.
FORM 35 [ss. 61 65.1
(WITH
SURETIES)
Recognizance conditioned to keep the peace Or to he of good
behaviour or not to (lo or commit some act or thing
HONG KONG. IN THE MAGISTRATE'S COL
COURT AT
We, the undersigned of
of and
of severally
acknowledge ourselves to owe to Our Sovereign Lady the Queen the several sums
following, namely. the said as principal the
sum of and the said
and as sureties the sum of each,
to he levied on our several goods. lands. and tenements if the said
fails in the condition hereon endorsed.
Shined Signed(where it not taken
orally)
Taken (orally) before me the day ot' 19
1 g 1 it.
Explained h\
or In,p,, to-l Poli-or
...........
....... . f
S, the ',c ma~ be).
...........
Sworn Interpreter.
CONDITION
ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden keeps the peace or is of good
behaviour
towards of for
theterm of now next ensuing (or abstains from
doing the thing forbidden, or as the case ma v be), then the said recognizance shall
be void, but otherwise shall remain in full force.
NOTE -Where the recognizance is taken orally omit the words---theundersigned- and insert the
word 'oratIS' after---Taken---.
FORM 36 (ss. 61 65.1
(PERSONAL)
Recognizance conditioned to keep the peace ot- to be of 1 good
behaviour or not to (10 Ot. commit some act or thing
HONG KONG. IN THE MAGISTRATE'S COURT
AT
I, the undersigned
of do hereby acknowledge myself to owe to
Our Sovereign Lady the Queen the sum of to be levied
on my goods, lands and tenements if 1 the said shall
fail in the condition hereon endorsed.
Signed (where not taken orally)
Taken (orally) before me the day of 19
.......................................
[L.S.] Magistrate.
Explained by (or Magistrate s Clerk or
Superintendent ol Police
or Inspector of Police or
Commissioner of Correctional
Services. as the case may be).
........
Sworn Interpreter.
CONDITION
ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden keeps the peace or is of
good
behaviour towards of
for
the term of now next ensuing (or abstains from
doing the thing forbidden, or as the case may v be), then the said recognizance shall
be
void, but otherwise shall remain in full force.
NOTE-Where the recognizance is taken orally omit the ords---theundersigned- and insert the ord 'orally' after-
--Taken---.
FORM 37 [s. 65.1
Summons to person hound bi. recognizance which is alleged
to have been forfeited by conviction of Principal
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To of
You are hereby sommoned to appear before me, the undersigned, a magistrate
of the said Colony, sitting at
on the day of 19 at o'clock in
thenoon or before such magistrate as may then be there, to
show cause why the recognizance entered into on the day
of 19 whereby you are bound to pay the sum
ofshould not be adjudged to be forfeited. and why
you should not be adjudged to pay that sum.
Dated this day of 19
[L.S.] Magistrate.
FORM 38 [ss. 28, 41 65.]
Adjudication of forfeiture of recognizance where
person
bound as principal has been convicted of an
offence
which is a breach of the condition
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire, a magistrate of the said Colony,
sitting at the said court.
The day of 19
(hereinafter called the defendant) was by his recognizance
entered into the day of 19 1 bound in
the sum of the condition of the recognizance being
that of should [state condition Of
recognizance]; and proof having been given that the said
has
been convicted of the ofrence of having [state offence], being an offence which is in
law
a breach of the condition of the said recognizance:
Therefore it is adjudged that the said recognizance is forfeited, and that the
defendant to pay to the magistrates' clerk [or other person specified the said sum
of and do also pay to the sum of
for costs; and it is ordered that the said sums be paid forthwith
(or on or before the day of 19 or by instalments
of for everydays, the first instalment to
be paid forthwith or on or before the day of
19 and if default is made in payment according to this adjudication and order, it is
ordered [proceed as in conviction for fine to be levied by distress, or omit as
the case may be].
Magistate
a 1 e.
FORM 39 [ss. 28 65.]
Order cancelling or mitigating for feiture of
recgnizance
(To be endorsed on recognizance)
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire, a magistrate of the said Colony,
sitting at the said court.
A warrant of distress was, on theday of 19
issued for levying the sum of declared to be forfeited
under the within-written recognizance, but no goods have been sold thereunder, and
the said has applied to me, the undersigned, to cancel (or
mitigate) the forfeiture of the said recognizance, and has given security to my
satisfaction for the future performance of the condition of the said recognizance,
and
has paid (or given security for payment of) the costs incurred in respect of the
forfeiture thereof [or insert such other condition as the magistrate may think
just]:
Therefore the said forfeiture is hereby cancelled (or mitigated to the sum of
Dated this day of 19
............
Magistrate.
FORM 40 [s. 62.1
Summons to attend an application for or
dispensing with sureties
HONG KONG. IN THE MAGISTRATE'S COURT AT
To of
You are hereby summoned to appear before a magistrate of the said Colony
sitting at on day the day
of 19 at o'clock in the noon. to
show cause why the amount for which it is proposed that the surety (or sureties)
of should be bound
should not be reduced (or why the obligation of to find
a surety (or sureties) should not be dispensed with).
Dated this day of 19
............
[L.S.] Magistrate.
FORM 41 [s. 62.1
Order varying order for sureties
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire. a magistrate of the said Colony,
sitting at the said court.
The day of 19
has been. under a warrant of commitment dated
the day of 19 and issued by this court.
committed to prison for default in finding sureties [ot- a surety] in the sum of
and, on new evidence having been produced to me
(or on proof of a change of circumstances having been given to me), it seems to me
just to vary, in manner hereinafter appearing, the order under which the said warrant
was issued:
Therefore it is ordered that the amount for which it is proposed that the
surety,
(ot. sureties) of the saidshould be bound be reduced to
(or that the obligation of the said to find a surety (or sureties) be
dispensed with) [or as may be directed].
........
Magistrate.
FORM 42 [ss. 41 64.1
Oral or written acknowledgment of undertaking to
par a sum ad
judged by a con viction
HONG KONG. IN THE MAGISTRATE'S COURT AT
(hereinafter called the defendant) was this day (or
was on the day of 19 convicted before the
said court for that he. on the day of19 at
[state offence]: and it was adjudged by, the said conviction
that the defendant should pay (as in the conviction): and it was thereby ordered that
the defendant should be at liberty to give, to the satisfaction of a magistrate of the
said Colony [or as in the conviction], security in the sum of
with surety (or sureties) in the sum of
[each] for the payment of the said sum at the time and in the manner by the said
conviction directed:
Now therefore I, the said defendant, as principal, and we,
of and of as sureties (or
1, of as surety) hereby undertake that the
defendant will pay the sum adjudged by the said conviction at the time and in the
manner thereby directed, and I, the said defendant, and we (or 1), the said sureties (or
surety), hereby severally acknowledge ourselves bound to forfeit and pay to the
magistrates' clerk [or other person specified] the sum of in case
the defendant fails to perform this undertaking.
Signed (where not taken orally) ... ........................................... Defendant.
.............. Sureties.
..............
Taken (orally) before me the..day of 19
[L.S.] .Magistrate
Explained by
................. 1
Sworn Interpreter.
NOTE--Where the recognizance is taken orally emit the words---theundersigned- and insert the word -orally-
after---Taken---.
FORM 43 [s. 65.1
Oral or written acknowledgment of undertaking to
perform condition of forfeited recognizance
HONG KONG. IN THE MAGISTRATE'S COURT AT
was by his recognizance entered into the day
of 19 bound in the sum of the
condition of the recognizance being that should [state
condition of recognizance]; and, default having been made in the performance of
this
condition, the recognizance was on theday of
19 declared to be forfeited, and the said not having paid the
said sum, a warrant of distress was on the day of
19 issued for recovery thereof, but no goods have been sold under the warrant;
and the saidhas applied to the undersigned magistrate of the
said Colony to cancel or mitigate the forfeiture:
Now therefore 1, the said as principal, and we.
of and of (or 1,
of as sureties (or surety). hereby undertake that
the condition of the said recognizance shall be duly performed, [and that the
said shall, on or before the day of 19
pay the sum of for costs incurred in respect of the said
forfeiture]; and 1, the said principal, and we (or 1) the said sureties (or surety),
hereby severally acknowledge ourselves bound to forfeit and pay to the magistrates'
clerk [or other person specified] the sum of in case
the said principal fails to perform the condition of the said recognizance.
Signed (where not taken orally) ............................................... Defendant.
............ Sureties.
............
Taken (orally) before me the day of 19
[LS.1 Magistrate.
Explained by
...........
Sworn Interpreter.
NOTE-Where the recognizance is taken orally omit the words ---theundersigned--- and insert the word orally
after Taken
FORM 44 Is.
30.1
Declaration of service of summons or other document
L of hereby solemnly declare
that I did, on day, the day of 19 1
serve of with the [warrant,
summons, notice, process or other document] now shown to me, marked A, by
delivering a true copy thereof at being
his last (or most usual) place of abode.
Taken this day of 19 before me.
Magistrate.
(or Justice of the Peace)
FORM 45 [s. 30.1
Declaration as to handwriting and seal
of hereby solemnly declare
that the signatureto the document now produced and
shown to me, and marked A is in the proper handwriting of 1
of land that the seal on the said document
is the proper seal of
Taken this day of 19 before me.
[L.S.] Magistrate. g a
(or Justice of the Peace)
FORM 46 [s. 93.1
Order for restitution of property
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire, a magistrate of the said Colony,
sitting at the said court.
The day of 19
was charged before me, a magistrate of the said
Colony, for that he, on the day of 19
at [state offence and describe goods as in con viction]
and having dealt with the case summarily, the he said has
been this day convicted before me of the offence with which he was so charged;
and it is proved to me that the said goods are now in the possession of
1 of
Therefore it is hereby ordered that the said do
forthwith restore the said goods to the said the
owner thereof.
...........
[L.S.] Magistrate.
FORM 47 [s. 19.]
Certificate of dismissal
HONG KONG. IN THE MAGISTRATE'S COURT AT
I hereby certify that an information (or complaint) preferred by against for
that [etc., as in the summons to defendant 1, was this day, considered by me, a
magistrate of the said Colony. and was by me dismissed [with costs].
Dated this day of 19
.......................
[L.S.] Vagistrate.
FORM 48 [s. 5 1.1
Warrant of distress on con viction for fine, with or it without
costs or damages, or for costs or damages without fine
HONG KONG. IN THE MAGISTRATE'S COURT AT
To [insert name, etc., of officer where the person executing is not a police officer]
and to each and all of the police officers of the said
Colony.
(hereinafter called the defendant) was on the
day of 19 convicted before the said court for that he.
on the day of 19 at [state
offence]; and it was adjudged that the defendant should for his said offence forfeit
and pay *[amount of fine and should also pay to the said
the sum of for compensation and for costs and it was
ordered that the said sums should be paid [et(,.. as in the conviction and that if
default should be made in payment according to the said adjudication and order. the
sum due thereunder should be levied by distress and sale of the defendant's goods;
and default has been made in payment according to the said adjudication and order:
Therefore you are hereby commanded forthwith to make distress of the goods
of
the defendant (except the wearing apparel and bedding of him and his family. and.
to
the value of twenty-five dollars, the tools and implements of his trade); and if.
within
the space oft days next after the making of such distress, the sum
of being the sum stated at the foot of this warrant to be due under
the
said adjudication and order. together with the reasonable costs and charges of the
making and keeping of the said distress be not paid. then to sell the said goods by
you
distrained, and pay the money arising therefrom to the magistrates' clerk, in order
that it may be applied according to law, and that the overplus if any, may he
rendered
on demand to the defendant and if no such distress can be found, to certify the
same
to the said court, in order that further proceedings may be had according to law.
Dated this day of 19
................. 1 1
[L.S.] Magistrate.
c
Amount adjudged
....................................................
...............
......
Paid
......................................................
.............
Remaining due ..........
.............
Costs of issuing warrant
.........................................................
Total amount to be levied S
Omit direction as to payment of fine. or compensation. or costs. as the case may require.
B.The goods are not to be sold until after the end ol' five c clear days next following ing the day on which
they are seized. unless the defendant consents or unless the goods are perishable
FORM 49 49
Warrant of distress on an order for the payment of any sum of
money
HONG KONG IN THE MAGISTRATE'S COURT AT
To [insert name etc., of officer where the person executing is not a police
officer]
and to each and all of the police officers of the said
Colony.
On the day of 19 it was adjudged and ordered
by the undersigned (orEsquire), a magistrate of the said
Colony, that(hereinafter called the defendant)
should pay to the sum of and the sum
of for costs [or as the case may be]. on or
before the day of 19 [or as ordered]; and
that, if default should be made in payment according to the said adjudication and
order. the sum due thereunder should be levied by distress and sale of the defendant's
goods and default has been made in payment according to the said adjudication and
order:
Therefore you are hereby commanded [proceed as in warrant of distress on
con viction.lorfine].
FORM 50 [s. 56.]
Warrant of distress for costs on a conviction where the qf
offence is punishable by imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
To [insert name, etc., of officer where the person executing is not a police officer]
and to each and all of the police officers of the said Colony.
1 of [labourer] (hereinafter
called the defendant) was, on the day of 19
convicted before the said court for that [state the offence as in the conviction] and it
was adjudged that the defendant for his said offence should be imprisoned in a prison
in the said Colony for the space of and it was also adjudged that the
defendant should pay to the said the sum of for his
costs in that behalf; and it was ordered that if the said sum of for costs
should not be paid [forthwith], the same should be levied by distress and sale of the
defendant's goods and chattels: and it was adjudged that. in default of sufficient
distress in that behalf. the defendant should be imprisoned in a prison for the space
of to commence at and from the termination of his
imprison-
ment aforesaid, unless the said sum for costs, and all costs and charges of the said
distress. should be sooner paid; but the defendant ha,, ing made default in the
payment
of the said sum of for costs:
These are, therefore, to command you. in Her Majesty's name. that You
forthwith make distress of the defendant's goods and chattels. and if. within the
space
of days next after the making of such distress. the said last-
mentioned
sum, together with the reasonable charges of taking and keeping the said distress.
shall not be paid. that then You sell the said goods and chattels so by you distrained,
and pay the money arising from such sale to the magistrates' clerk that he may,
pay, the
same as by law directed. and may render the overplus. if any. on demand. to the
defendant. and. if no such distress can be found. that then You certify the same to
the
said court. in order that further proceedings may be had according to law.
Dated this day of 19
............ 1
[L.S.] Magistrate.
FORM 51 [s. 56.]
Warrant of distress for costs on an order where the disobeying
of the order is punishable with imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
To [insert name, etc., of officer where the person executing is not a police officer]
and to each and all of the police officers of the said
Colony.
On the day of 19 complaint was made before the
undersigned (or Esquire). a magistrate of the said Colony, for that
[etc., as in the order) and on the day of 19 at
the said parties having appeared before me, (or the said
Esquire. or as it may v be in the order) upon consideration of
the matter of the said complaint, it was adjudged that the defendant should [etc., as in
the order]; and that if. upon a copy of the minute of that order being served on the
defendant either personally or by leaving the same for him at his last or most usual
place
of abode, he should refuse or neglect to obey the same. the defendant for such his
disobedience should be imprisoned in a prison in the said Colony for the space of
unless the said order should be sooner
obeyed; and also that the defendant should pay to the said the sum
offor his costs in that behalf; and it was ordered that if the
said sum for costs should not be paid [forthwith], the same should be levied by
distress and sale of the defendant's goods and chattels; and it was adjudged that in
default of sufficient distress in that behalf the defendant should he imprisoned in a
prison for the space of to commence at and from the
termination of his imprisonment aforesaid unless the said sum for costs, and all
costs
and charges of the said distress, should be sooner paid; and whereas after the making
of the said order a copy of the minute thereof was duly served on the defendant,
but
he did not then pay, nor has he paid, the said sum of for costs
but therein has made default:
These are. therefore, to command you. in Her Majesty's name, that you
forthwith make distress of the defendant's goods and chattels, and if, within the
space of
days next after the making of such distress, the said last-mentioned sum together
with the reasonable charges of taking and keeping the said distress shall not be paid.
that then you sell the said goods and chattels so by you distrained, and pay the
money arising from such sale to the magistrates'clerk that he may pay the same as
by law directed, and may render the overplus, if any, on demand, to the defendant,
and, if no such distress can be found, then that you certify the same to the said
court, in order that further proceedings may be had according to law.
Dated this day of 19
Magistrate
................
[L,S.] Magistratr
FORM 52 [s. 70.1
Warrant of distress for costs on an order for dismissal
of an information or complaint
HONG KONG. IN THE MAGISTRATE'S COURT AT
To [insert name, etc., of officer where the person executing is not a police
officer]
and to each and all of the police officers of the said
Colony.
On the day of 19 information was laid
(or complaint was made) before the undersigned (or Esquire), a
magistrate of the said Colony, for that [etc., as in the order qf dismissal]; and
afterwards, on the day of19 both parties
having appeared before me (or the saidEsquire), and the case
having been duly heard and considered, and the said information (or complaint) not
having been proved. it was therefore dismissed; and it was adjudged that the
said should pay to the defendant the sum of for his
costs incurred by him in his defence in that behalf., and it was ordered that if the said
sum for costs should not be paid [forthwith], the same should be levied by distress and
sale of the goods and chattels of the said and it was adjudged that, in
default of sufficient distress in that behalf, the said should be
imprisoned in a prison in the said Colony for the space of unless the
said sum for costs, and all costs and charges of the said distress, should be sooner
paid; and the saidhaving now made default in the payment
of the said sum for costs:
These are, therefore, to command you, in Her Majesty's name, that you
forthwith make distress of the goods and chattels of the said 1
and if, within the space of days next after the making of such distress
the said last-mentioned sum, together with the reasonable charges of taking and
keeping the said distress, shall not be paid, that then you sell the said goods and
chattels so by you distrained, and pay the money arising from such sale to the
magistrates' clerk, that he may pay the same as by law directed, and may render the
overplus if any, on demand to the said and if no such distress can be
found, then that you certify the same to the said court, in order that further
proceedings may be had according to law,
Dated this day of 19
[L.S.] Magistrate.
FORM 53 [s. 69.1
Warrant of distress where the defendant is
discharged,
but is ordered to pay damages or costs or both
HONG KONG. IN THE MAGISTRATES COURT AT
The day of 19
(hereinafter called the defendant) was charged for
that he, on the day of 19 at
[state offence]; and on the hearing of the said charge, on the day
of 19 before a magistrate of the said
Colony, the magistrate being of opinion that, though the charge was proved, the
offence was in the particular case of so trivial a nature (or having regard to the
character, antecedents, age, health or mental condition of the defendant or an'],
other
extenuating circumstances as the case may be,) that it was inexpedient to inflict any
punishment, discharged the defendant but ordered that the defendant should pay
to *for damages and* for
costs and it was ordered that the said sums should be paid [as in order]:
[Proceed as in warrant of distress
on con viction for fine.]
Where no order to pay damages, omit words between asterisks.
11 Where no order to pay costs. omit words between daggers. In
either case substitute 'sum' for 'sums'
FORM 54 [s. 65.1
K-arrant of distress for sum due under recognizance
declared to be forfeited
HONG KONG. IN THE MAGISTRATE'S COURT AT
To [insert name, etc., of qf
officer where the person executing is not a police
officer and to each and all of the police officers of the said Colony.
was. by his recognizance entered into on the day of
19 bound in the sum of the condition of
the recognizance being thatshould [state condition of recongnizance
and, default having been made in compliance with the said condition, the said
recognizance was. on the day of 19
declared by the undersigned (orEsquire), a magistrate oft he said
Colony to be forfeited; and the saidhas made default in payment
of the sum due under the said recognizance:
Therefore you are hereby commanded forthwith to make distress of the goods
of
the said except the wearing apparel and bedding of him and his
family, and, to the value of twenty-five dollars, the tools and implements of his
trade.
and if, within the space of* days next after the making of such distress,
the sum of being the sum stated at the foot of this warrant to
be due under the said recognizance, together with the reasonable costs and charges of
the making and keeping of the said distress, be not paid. then to sell the said goods
by
you distrained and pay the money arising therefrom to the magistrates' clerk, in
order
that it may be applied according to law, and that the overplus if any. may be
rendered
on demand to the said and if no such distress is found, to certify
the same to the said court, in order that further proceedings may be had according
to law.
Dated this day of 19
.........
Magistrate.
s
Amount due under recognizance ......................
Paid ...............................
Remaining due ..............11
Costs of issuing warrant ... 1
Total amount to be levied ...........................................
N.B-The goods are not to be sold until after the end of five clear days next following the day on which
they are seized, unless the owner consents or unless the goods am perishable.
FORM 55 [s. 65.1
Warrant of distress for sum due under recognizance
adjudged
to be forfeited by con conviction of principal
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To [insert name, etc., of officer where the person executing is not a police
officer]
and to each and all of the police officers of the said
Colony.
(hereinafter called the defendant) was, by his
recognizance entered into on the day of 19 1
bound in the sum of the condition of the recognizance being
that should (state condition of recognizance]; and the
said
having been convicted of the offence of having
[state
offence] being an offence which is in law a breach of the said condition, it was,
on the day of 19 adjudged by the
undersigned (or Esquire), a magistrate of the said Colony, that the
said recognizance should be forfeited, and that the defendant should pay to the
magistrates' clerk the said sum of and should also pay
the sum of for costs; and it was ordered that the said
sum should be paid [as in order], and that if default should be made in payment
according to the said adjudication and order. the sum due thereunder should be levied
by. distress and sale of the defendant's goods; and default has been made in payment
according to the said adjudication and order:
Therefore you are hereby commanded [proceed as in warrant of distress for
fine]
FORM 56 [s. 64.1
forfeited security or payment of a sum adjudged bi, a
conviction for
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To [insert name, etc., of officer where the person executing is not a police
officer
and to each and all of the police officers of the said
Colony.
(hereinafter called the defendant) was, on the day
of 19convicted before the said court for that he,
on the day of 19 at [state
offence]; and it was adjudged by the said conviction that the defendant should pay
[as
in the conviction]; and it was ordered that the defendant should be at liberty to
give. to
the satisfaction of a magistrate of the said Colony, [or as in the conviction],
security
with surety for the payment
of the said sum at the time and in the manner by the said conviction directed; and
the defendant and and his sureties (or
surety) undertook that the defendant would pay the said sum at the time and in the
manner so directed, and [severally] acknowledge themselves (or himself) bound to
forfeit and pay to the sum of
in case the defendant failed to make payment as so directed; and it appears to me
that
the sum of due by the defendant in pursuance of the said
undertaking has not been paid and has been forfeited: and notice of the said
forfeiture
has been duly served on the defendant:
Therefore you are hereby commanded [proceed as in warrant of distress on
con viction.for fine, substituting for the words -being the sum stated at the foot of
this warrant to be due under the said adjudication and order' the words -being the
sum stated at the foot of this warrant to be due in pursuance of the said
undertaking'. and stating the amount at the foot as 'amount due in pursuance of
the said undertaking'].
FORM 57 [s. 53.1
Return to a warrant of distress
HONG KONG. IN THE MAGISTRATE'S COURT AT
1, do hereby certify to the said court that by virtue of this warrant 1 have
made diligent search for the goods and chattels of the within-mentioned defendant,
and that I can find no sufficient goods or chattels of the defendant whereon to levy
the sums within-mentioned.
Dated this day of 19
(Signed) ....................................................
FORM 58 [s. 59.1
Account of costs and charges incurred in respect of the
execution of a warrant of distress
HONG KONG. IN THE MAGISTRATE'S COURT AT
In the matter of an information (or a complaint) by
1, of the officer charged with
the execution of the warrant of distress upon the goods of
dated the day of 19 hereby declared that
the following is a true account of the costs and charges incurred in respect of the
execution of the said warrant.
5 c
Total
Dated this day of 19
(Signed) ............................
FORM 59 5 5.1
Warrant of commitment on a conviction in the first instance
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
late of [labourer] (hereinafter
called the defendant) was on this day duly convicted before the said court for that
(state the offence as in the conviction]; and it was thereby adjudged that the
defendant for his said offence should forfeit and pay the sum of
[etc., as in the conviction,] and should pay to the said the sum
offor costs; and it was thereby adjudged that. if the said several
sums should not be paid [forthwith], the defendant should be imprisoned in a prison
for the space of unless the said several sums should be sooner
paid; and whereas the time in and by the said conviction appointed for the payment
of
the said several sums has elapsed, but the defendant has not paid the same or any
part
thereof, but therein has made default:
These are, therefore, to command you. the said police officers, to take the
defendant and convey him to a prison and there to deliver him to the
Commissioner of Correctional Services. together with this warrant: and you. the
said Commissioner. to receive the defendant into your custody in a prison and
there to imprison him for the space of unless the said several sums shall be sooner
paid; and for your so doing this shall be your sufficient warrant.
Dated this day of 19
............
Magistrate.
FORM 60 101A.]
Warrant of commitment where defendant has not
paid
within time allowed
HONG KONG. IN THE MAGISTRATE's COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
of [labourer (hereinafter
called the defendant) was on the day of 19
duly convicted before the said court for that [state the offence as in the
conviction]: and
it was thereby adjudged that the defendant for his said offence should pay the
,;urn ofis in the conviction and should pay to the
said the sum of andfor costs: and default was made
in payment according to the said adjudication and order, and a summons was duly
issued to the defendant commanding him to appear on this day 1 before this court (or
a
warrant to apprehend the defendant was issued):
And whereas the defendant has this day appeared before me:
[And whereas 1 have made inquiry, into the defendant's means in his
presence:]
These are. therefore. to command you, the said police officers. to take the
defendant and convey him to a prison. and there to deliver him to the Commissioner
of Correctional Services, together with this warrant; and you. the said Commissioner.
to receive the defendant into your custody in a prison and there to imprison him. for
the space of 1 unless the said sum shall be sooner paid;
and for your so doing this shall be your sufficient warrant.
Dated this day of 19
...................... 1
[L S.] Magistrate.
FORM 61 [s. 55.]
Warrant on an order in the first instance
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
On the day of 19 complaint was made
before the undersigned (or Esquire). a magistrate of
the said Colony. for that [etc.. as in the order] and afterwards. to 'it. on the
day of 191 the parties appeared before me
(or Esquire), the said magistrate, and thereupon. having
considered the matter of the said complaint, it was adjudged that the defendant
should pay to the said the sum of on or before
the day of 19 and also should pay to the said
the sum of for costs; and it was also
thereby adjudged that, if the said several sums should not be paid on or before the
day of 19 the defendant should be imprisoned
in a prison for the space of unless the said several sums should be
sooner paid; and whereas the time in and by the said order appointed for the
payment
of the said several sums of money has elapsed. but the defendant has not paid the
same but therein has made default:
These are. therefore. to command you, the said police officers. to take the
defendant and convey him to a prison, and there to deliver him to the
Commissioner
of Correctional Services, together with this warrant: and you. the said
Commissioner,
to receive the defendant into your custody in a prison and there to imprison him
for
the space of unless the said several sums shall be sooner
paid,.
and for your so doing this shall be your sufficient warrant.
Dated this day of 19
............... 1
[L.S.] Magistrate
FORM 62 [s. 101A.]
Warrant on an order where defendant
has not paid within the time allowed
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
On the day of 19 complaint was made
before the undersigned (or Esquire). a magistrate of
the said Colony, for that [etc., as in the order] and afterwards. to wit. on the
day of 19 the parties appeared before me
(or Esquire). the said magistrate. and thereupon, having
considered the matter of the said complaint. it was adjudged that the defendant
should pay to the said the sum of on or before
the day of 19 [as in order] and also
should pay to the said the sum offor costs: and
default was made in payment according to the said adjudication and order; and a
summons was duly issued to the defendant commanding him to appear on this day
before this court (or a warrant to apprehend the defendant was issued):
And whereas the defendant has this day appeared before me:
[And whereas 1 have made inquiry into the defendant's means in his presence:]
These are, therefore. to command you. the said police officers. to take the
defendant and convey him to a prison, and there to deliver him to the
Commissioner of Correctional Services, together with this warrant. and you, the
said Commissioner. to receive the defendant into your custody in a prison and
there to imprison him. for the space of unless the said sum shall be sooner paid:
and for your so doing this shall be your sufficient warrant.
Dated this day of 19
................ 'Magistrate
FORM 63 [ss. 53 54.1
Warrant of commitment for want of distress
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
[Proceed as in warrant of distress down to commanding part, and close thus]-
and on the day of 19 a warrant of distress was
handed for execution to a police officer
(or
bailiff) of the said Colony, commanding him to levy the sum of [state sum directed to
be levied] by distress and sale of the defendant's goods; and it now appears, as well by
the return of the said to the said warrant of distress as
otherwise, that he has made diligent search for the defendant's goods but that no
sufficient distress whereon to levy the said sum could be found:
These are, therefore, to command you, the said police officers, to take the
defendant and convey him to a prison, and there to deliver him to the
Commissioner of Correctional Services, together with this warrant; and you, the
said Commissioner, to receive the defendant into your custody in a prison and
there to imprison him for the space of unless the said sum, and all the costs and
charges of the said distress, shall be sooner paid; and for your so doing this shall be
your sufficient warrant.
Dated this day of 19
...................... ...... ...................
[L.S.] Magistrate.
FORM 64 [s. 52.]
Warrant of commitment pending return to warrant of
distress following conviction
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
(hereinafter called the defendant) was. on the
day of 19 (or this day) convicted before the said
court for that he [state the offence as in the conviction]; and default has been made in
payment according to the said adjudication and order; and a warrant of distress has
been issued against the defendant in pursuance of the said conviction, but no return
has been made thereto; and the defendant has not given sufficient security, to the
satisfaction of this court, for his appearance at the time and place appointed for the
return of the said warrant:
These are, therefore, to command you, the said police officers, to take the
defendant and convey him to a prison, and there to deliver him to the
Commissioner
of Correctional Services together with this warrant; and you, the said Commissioner.
to receive the defendant into your custody in a prison and there to keep and detain
him until the day of 19 being the day
appointed for the return of the said warrant, unless he previously enters into a
recognizance in the sum of with surety (or sureties)
in the sum of[each] conditioned for his appearance on that day;
and you, the said police officers, on that day, if such recognizance has not been
entered into, to convey and have him before a magistrate of the said Colony at the
said court, at o'clock in thenoon, to be further dealt with
according to law; and for your so doing this shall be your sufficient warrant.
Dated this day of 19
.......
[L.S.] Magistrate.
FORM 65 [s. 52.]
Warrant of commitment pending return to warrant
of
distress following order
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
(hereinafter called the defendant) was, on the
day of 19 (or this day) ordered by the said court to
pay to the sum of for [as in order] and
for costs [as in order]; and default has been made in payment
according to the said adjudication and order, and a warrant of distress has been
issued against the defendant in pursuance of the said order:
These are, therefore, to command you, the said police officers, to take the
defendant and convey him to a prison, and there to deliver him to the Commissioner
of Correctional Services together with this warrant; and you, the said Commissioner,
to receive the defendant into your custody in a prison and there to keep and detain
him until the day of 19 being the day
appointed for the return of the said warrant, unless he previously enters into a
recognizance in the sum of with surely (or sureties)
in the sum of[each] conditioned for his appearance on that day:
and you, the said police officers, on that day, if such recognizance has not been
entered
into, to convey and have him before a magistrate of the said Colony at the said
court,
at o'clock in thenoon, to be further dealt with according to
law; and for your so doing this shall be your sufficient warrant.
Dated this day of 19
..........................
Magistrate.
FORM 66 Is. 56.1
Warrant of commitment on a conviction where the
punishment is by imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
(hereinafter called the defendant) has been this
day convicted before the said court for that he [state the offence as in the
conviction]; and it has been adjudged that the defendant be for his said offence
imprisoned in a prison for the space of
These are, therefore, to command you, the said police officers, to take the
defendant and convey him to a prison, and there to deliver him to the Commissioner
of Correctional Services, together with this warrant; and you, the said Commissioner,
to receive the defendant into your custody in a prison and there to imprison him for
the space of and for your so doing this shall be your
sufficient warrant.
Dated this day of 19
............ .............
[L.S.] Magistrate.
FORM 66A
Order of suspended sentence under 709B of the
Criminal Procedure Ordinance, Cap. 221
HONG KONG IN THE MAGISTRATE's COURT AT
Before Esquire, a magistrate of the said Colony, sitting
at the said Court.
(hereinafter called the defendant).
is this day convicted [state the offence as in the conviction].
And the Court sentenced the defendant to imprisonment for (state period):
And it is ordered that the said sentence of imprisonment shall not take effect
unless during the period ofyears from today the defendant commits in
the said Colony another offence punishable with imprisonment and thereafter an
order is made under section 109C of the Criminal Procedure Ordinance. Cap. 221.
that the sentence shall take effect.
Dated this day of .... 19
......
Magi strate
FORM 66B
order take .... 109C
and, h 1 ol the Criminal Procedure Ordinance Cap. 221
HONG KONG KONG. I\ THE M AGISTRATE'S COURT AT
Before Esquire. a magistrate of the said Colony sitting
at the said Court.
(hereinafter called the defendant)
was on the dya of 19 convicted by the
said Court of [state the offence as in the conviction and on the said date [or on
the day. of 19.1 the said Court sentenced
the defendant to imprisonment for (state period) but made an order which as
subsequently varied by provided that the sentence should not take
effect unless during the period beginning on the date of the order and ending on
the day of 19 he she committed in the
said Colony another offence punishable with imprisonment:
And the defendant had this day appeared [or been brought] before me and 1 'as
satisfied that the defendant had on the day of
19 been convicted before the Magistrate's Court sitting at .............................
(or District Court sitting at or High Court) of a further
offence, namely, (state the offence as in the conviction). being an offence punishable
with imprisonment committed by him her on the day of
19 during the said period:
[(or) And the defendant had this day been convicted by me of (state the offence
as in the conviction), being an offence punishable with imprisonment and 1 %has
satisfied that the said offence was committed by him, her on the
day of 19 during the said period]:
It is ordered that the said suspended sentence take effect [with the substitution
of
a term of imprisonment of for the original term].
Dated this day of 19
................................................
Magistrate.
FORM 66C
Warrant of commitment on commission of further offence
during
operational period of suspended sentence under section (tion
109C
of the Criminal Procedure Ordinance, Cap. 221
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
(hereinafter called the defendant)
was on the day of 19 convicted before the
said Court sitting at ............. . of
(state the offence as in the conviction), and on the said date [or on the
day of 19 1 the said Court sentenced the defendant to
imprisonment for (state period) but made an order which [as subsequently varied
by 1 provided that the sentence should not take effect unless
during the period beginning on the date of the order and ending on the
day of 19 he she committed in the said Colony, another
offence punishable with imprisonment:
And the defendant has this day appeared (or been brought) before me and 1 as
satisfied that the defendant had on day of
19 been convicted by the Magistrate's Court sitting at ...................................
for District Court sitting at or High Court]. of a further
offence. namely (state the offence as it? the conviction). being an offence punishable
with imprisonment committed by him, her on the day of
19 during the said period:
[(or) And the defendant has this day been convicted by me of (state the offence as
in the conviction), being an offence punishable with imprisonment and I was satisfied
that the said offence was committed by him her on the day
of 19 during the said period]:
It is ordered that the said suspended sentence take effect [with the substitution
of
a term of imprisonment of for the original term]:
These are, therefore. to command you. the said police officers, to take the
defendant and convey him/her to a prison, and there to deliver him her to the
Commissioner of Correctional Services, together with this warrant: and you. the
said Commissioner. to receive the defendant into your custody in a prison and
there to
imprison him/her for the space of and for your so doing this shall
be your sufficient warrant.
Dated this day of 19
.............. 1
[L.S.] Magistrate.
FORM 67 [s. 85.1
Warrant of commitment to put the accused
upon
trial for an indictable offence
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
(hereinafter called the defendant) has been this
day committed before the said court for that
contrary to [here state the law applicable] and it has been adjudged that the
defendant be committed to prison and there to wait for his/her trial at the High
Court.
These are. therefore, to command you, the said police officers, to take the
defendant and convey him/her to a prison, and there to deliver him/her to the
Commissioner of Correctional Services together with this warrant; and you, the
said Commissioner, to receive the defendant into your custody in a prison and
there to keep and detain him/her until such date as the High Court may require
him/her to stand for his/her trial; and for your so doing this shall be your sufficient
warrant.
Dated this day of 19
..........................
Magistrate.
FORM 68 [ss. 40 56,1
Warrant of commitment on ai? order where disobedience to the
order is punishable bi. imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
On the day of 19 complaint was
made before the undersigned (or Esquire), a magistrate
of the said Colony. for that [etc., as in the order]; and afterwards, to wit, on the
day of 19 at the
said parties appeared before me (or as in the order]: and thereupon. having considered
the matter of the said complaint. it was ordered that the defendant should [as in the
order); and it was adjudged that if, upon a copy of the minute of that order being duly
served on the defendant, either personally or by leaving the same for him at his last
or
most usual place of abode, he should refuse or neglect to obey the same, in such case
the defendant for such his disobedience should be imprisoned in a prison for the
space
of unless the said order should be sooner obeyed; and it now
having been proved to me that, after the making of the said order, a copy of the
minute thereof was duly served on the defendant, but he then refused (or neglected)
to
obey the same, and has not as yet obeyed the same:
These are, therefore. to command you, the said police officers, to take the
defendant and convey him to a prison, and there to deliver him to the
Commissioner of Correctional Services, together with this warrant: and you. the
said Commissioner, to receive the defendant into your custody in a prison and
there to imprison him for
the space of and for your so doing this shall be your sufficient
warrant.
Dated this day of 19
.............................................
[L.S.] Magistrate.
FORM 69 [ss. 51 56.1
Warrant of commitment for want of distress in either of
the cases mentioned in Forms 48 and 49
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of the said Colony, and to the
Commissioner of Correctional Services in the said Colony.
[Recite the conviction or order and then proceed thus]
And whereas afterwards, on the day of 19
a warrant of distress was issued against the defendant in pursuance of the said
conviction (or order); and it having been made to appear to me, as well by the
return
to the said warrant of distress as otherwise, that diligent search for the defendant's
goods and chattels has been made, but that no sufficient distress whereon to levy
the
sum above mentioned could be found:
These are, therefore, to command you, the said police officers, to take the
defendant and convey him to a prison, and there to deliver him to the
Commissioner
of Correctional Services, together with this warrant; and you, the said
Commissioner,
to receive the defendant into your custody in a prison and there to imprison him,
for
the space of unless the said sum, and all costs and
charges
of the said distress, amounting to the further sum of
shall be sooner paid; and for your so doing this shall be your sufficient warrant.
Dated this day of 19
Magistrate.
FORM 70 [s. 70.1
Warrant of commitment for want of distress in
the case mentioned in Form 52
[Recite the order of dismissal and then proceed thus]
And whereas afterwards, on the day, of 19
a warrant of distress was issued against the said
in pursuance of the said order; and it having been made to appear on the
day of 19 to me as well by the return
to the said warrant of distress as otherwise, that diligent search for the goods and
chattels of the said has been made, but that no sufficient
distress whereon to levy the sum above mentioned could be found:
These are, therefore, to command you, the said police officers, to take the
saidand convey him to a prison, and there to deliver him to the
Commissioner of Correctional Services, together with this warrant and you, the said
Commissioner, to receive the saidinto your custody in a
prison and there imprison him for the space of unless the said
sum, and all costs and charges of the said distress. amounting to the further sum
of shall be sooner paid; and for your so doing this shall be
your sufficient warrant.
Dated this day of 19
................ Magistrate
[L.S.]
FORM 71 [s. 60.1
Warrant of commitment reducing term of
imprisonment
on part payment
[Adopt the ordinary form of warrant of commitment but before the
commanding part insert the following
and on application to the said court to issue a warrant to commit the defendant to
prison for non-payment of the sum adjudged to be paid by the said conviction (or
order. or for default of sufficient distress it appears to the said court that. by
payment of part of the said sum (or by the net proceeds of the said 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 so adjudged to be paid.
would have subjected the defendant to a maximum term of imprisonment less than
the term. of imprisonment to whcih he is liable under the said con\ iction (or
order):
Therefore the said term of imprisonment is hereby revoked. and it is hereby
ordered that the defendant be imprisoned in a prison for the space of [the reduced
term], unless the said sum, and all costs and charges of the said distress. if any', shall
be sooner paid, and you are hereby commanded [proceed as in ordinary warrant ol
commitment inserting reduced term of imprisonment).
PART 11
FORMS FOR RECOVERY OF CIVIL DEBTS
FORM 71 A 6
Complaint
HONG KONG, IN THE MAGISTRATE'S COURT AT
The complaint ot'
of
,A ho says that
of (hereinafter called
---thedefendant') [here state 'the nature of the complaint
and the complainant claims from the defendant the sum of S being
money recoverable summarily as a civil il debt.
Dated this day ot' 19
Complainant.
FORM 7 1B [s. 67.1
Summons to defendant
HONG KONG. 1\ THE MAGISTRATE'S COURT AT
To:
Complaint having been made by
of before the undersigned
a magistrate of the said Colony. for that you on the day of
19 did [here state shortly s. the matter of the complaint
and claiming from you the sum of S being money recoverable
summarily as a civil debt: these are. therefore. to command you, in Her Majesty's
name, to be and appear on day. the day of
19 at o'clock in the noon. at the said court,
before such
magistrate as shall then be there. to answer to the said complaint.
Dated this day of 19
[L.S.] Magistrate.
FORM 72 [s. 67.1
Summons to witness
HONG KONG. IN THE MAGISTRATE'S COURT AT
Case No .................................. ...................
Between
Plaintiff
A ddDescription) and
Defendant.
(Address
Description)
To of
You are hereby. required to attend before such magistrate of the said Colony as
may be sitting at the said court:
(DATE) ......................... ..............
(T IME E) .....
........................................
(COURT NO.) ..........
.................................
to give evidence in the above cause on behalf the plaintiff defendant.
Dated this day ot' 19
Magistrate
FORM 73 [s. 67]
Judgment summons
HONG KONG. IN THE MAGISTRATE's COURT AT
Between
Plaintiff.
(AddDescription) and
Defendant.
(Address
Description)
The day of 19
To the above-named defendant (or plaintiff).
The plaintiff (or defendant) obtained an order against you, the above-named
defendant (or plaintiff), before the undersigned (or
Esquire), a magistrate of the said Colony. on the
of 19 for the payment of
and you have made default in payment of the sum payable in pursuance of the
said order:
Therefore you are hereby summoned to appear personally 1 before such magis-
Irate of the said Colony as may be sitting at the said court on
day the day of 19 at o'clock
in the noon, to be examined upon oath (or declaration) by the said
court touching the means you have or have had since the date of the order to
satisfy
the sum payable in pursuance of the said order; and also to show cause why you
should not be committed to prison for such default.
............................... . 1
[L.S.] Magistrate.
Amount of order, and costs
............................................................
0
Paid into the Magistracy
Deduct Instalments not required to h.,:' been
paid before the date of the
summons .1
......
... 0
Sum payable
..............................................................................
.....
Costs of this summons
...................
Amount upon payment of which no further proceedings will be
had until default in payment of next instalments I
..........................
FORm 74 [s. 67.1
Order of commitment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Between
Plaintiff,
(AddDescription) and
Defendant.
(Address.
Description)
To each and all of the police officers of the said Colony and to the
Commissioner of Prisons in the said Colony.
The plaintiff(or defendant) obtained an order against the defendant (or plaintiff)
before the undersigned (or before Esquire),
a magistrate of the said Colony on the day of 19 1
for the payment of and the defendant (or plaintiff)
has made default in payment of payable in pursuance of
the said order; and a summons was. at the instance of the plaintiff (or defendant),
duly
issued, by which the defendant (or plaintiff) was required to appear personally before
such magistrate of the said Colony as might be sitting at- the said court on
the day of 19 to be examined upon
oath (or declaration) touching the means he had then or had since the date of the
order to satisfy the sum then due and payable in pursuance of the said order, and to
show cause why he should not be committed to prison for such default: and at the
hearing of the said summons the defendant (or plaintiff) appeared (or the summons
was proved to have been duly served), and it has now been proved that the defendant
(or plaintiff) now has (or has had since the date of the said order) the means to pay
the sum then due and payable in pursuance of the said order, and has refused (or
neglected, or then refused or neglected) to pay the same, and the defendant (or
plaintiff) has shown no cause why he should not be committed to prison:
Now, therefore, it is ordered that, for such default, the defendant (or plaintiff) be
committed to prison fordays, unless he shall sooner pay the sum
stated below as that on the payment of which he is to be discharged: and you are
hereby required, you the said police officers, to take the defendant (or plaintiff)
and
convey him to a prison, and there to deliver him to the Commissioner of
Correctional
Services, together with this order; and you, the said Commissioner, to receive the
defendant (or plaintiff) and keep him safely in a prison for days
from the arrest under this order, or until he is sooner discharged by due course of
law.
Dated this day of 19
........... ...........
[L.S.] Magistrate.
5 c
Total sum payable at the time of hearing of the judgment
summons ............................................................................
Hearing of summons, and costs of order
...................................
Total sum on payment of which the prisoner will be discharged
...
FORM 75
Certificate for discharge of a prisoner from
custody
HONG KONG. IN THE MAGISTRATE'S
COURT AT
Between
Plaintiff,
(Description) and
Defendant.
(A ddress
Description)
To the Commissioner of Correctional Services in the said Colony.
I hereby certify that the defendant (or plaintiff), who was committed to your
custody by virtue of an order of commitment dated the
day of 19 has paid and satisfied the sum of money
for
the non-payment whereof he was so committed, together with all costs due and
payable by him in respect thereof, and may in respect of that order be forthwith
discharged out of your custody.
Dated this day of 19
Ma g i sir a
t c
FORm 76 [s. 67.1
Distress warrant
HONG KONG. INTHE MAGIST-.ATES COURT AT
Between
Plaintiff,
(A Description) and
Defendant.
(A
Description)
To each and all of the police officers and bailiffs of the said Colony.
On the day of 19 it was adjudged
and ordered by the undersigned (or Esquire). a magistrate of the said
Colony,. that the defendant (or plaintiff) should pay to the plaintiff (or defendant)
for debt (or damages) and for costs, amounting
together to the sum of and it was ordered that
the said sum should be paid on the day of
19 (or (is in the judgment). and that, if default should be made in payment according
to the said adjudication and order. the sum due thereunder should be levied by
distress and sale of the defendant's (or Plaintiff's) goods: and default has been made
in payment according to the said adjudication and order:
Therefore you are hereby commanded forthwith to make distress of the
goods of the said defendant (or plaintiff), except the wearing apparel and bedding of
him and his family, and. to the value of twenty-five dollars, the tools and
implements of his trade, and if, within the space of
days next after the making of such distress. the sum of being the sum stated at the
foot of this warrant to be due under the said adjudication and order. together with
the reasonable charges of the making and keeping of the said distress, be not paid,
then to sell the said goods by you distrained, and pay the money arising thereby to
the magistrates' clerk. in order that it may be applied according to law. and that the
overplus if any, may be rendered on demand to the defendant (or plaintiff and, if no
such distress can be found, to certify the same to the said court. in order that
further proceedings may be had according to law.
Dated this day of 19
........
[L.S.] Magistrate.
s
Amount adjudged ......................................................................
Paid
...........................................................................................
Remaining due ......................................
Costs of issuing this warrant .................................................
Total amount to be levied 5
N.B.-The goods are not to be sold until after the end of five clear days next following the day or, which they
were seized. unless the defendant otherwise consents or unless the goods are perishable.
FORM 77 [s. 67.]
Oral or written acknowledgment of undertaking to pay civil debt
HONG KONG. IN THE MAGISTRATE'S COURT AT
Between
Plaintiff,
(A AddDescription) and
Defendant.
(A Address
Description)
It was this day (or on the day of 19
adjudged by the undersigned (or Esquire), a magistrate of
the said Colony, that the plaintiff should recover against the defendant the sum
of for debt (or damages) and
for costs, amounting together to the sum of and it was
ordered that the defendant should pay the same to the plaintiff forthwith (or on or
before the day of 19 or by instalments
of for everydays, the first instalment to be paid
on the day of 19 and that the defend-
ant should be at liberty to give, to the satisfaction of a magistrate [or as in the
judgment], security in the sum of with
surety in the sum of[each], for the payment of
the sum so ordered to be paid as thereby directed:
Now, therefore, 1, the defendant, as principal, and we.
of and of
as sureties (or 1, as surety), hereby undertake that the
defendant will pay the sum so ordered to be paid as thereby directed: and I. the said
defendant, and we (or I) the said sureties (or surety), hereby severally acknowledge
ourselves bound to forfeit and pay to
the sum of in case the defendant
fails to perform this undertaking.
Signed (where not taken orally) ............................................... Defendant.
.............................................. Sureties.
..........................................
Taken [orally] before me this day of 19
[L.S.] Magi strate.
Explained by
...........
Sworn Interpreter.
NOTE-Where the recognizance is taken orally omit the words---theundersigned- and insert the word 'orally'
after 'Taken'.
PART Ill
FORMS FOR INDICTABLE OFFENCES
FORM 78 [s. 82.1
Caution to and statement by accused
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before Esquire, a magistrate of the said Colony.
(hereinafter called the accused) stands charged
before the undersigned, a magistrate of the said Colony, for that he, on the
day of 19 at
[etc., as in the heading to the depositions] and the said charge being read to the
accused
and the witnesses for the prosecution
and being severally examined in his presence. the
accused
is now addressed by me as follows: 'Having heard the evidence, do you wish to say
anything in answer to the charge? You are not obliged to say, anything unless
you desire to do so; but whatever you say will be taken down in writing, and
may be given in evidence upon your trial and you are clearly to understand that
you
have nothing to hope from any promise of favour and that you have nothing to
fear
from any threat which may have been held out to you to induce you to make any
admission or confession of your guilt, but that whatever you say now may be given
in
evidence upon your trial notwithstanding such promise or threat'; whereupon the
said saith as follows:
[Here state whatever the prisoner may say., and in his very words as nearly
as
possible. Get him to sign it, if he will].
This day of 19
(Signed) ....................................................
Taken before me ai the day and year last above written.
...........................
Magistrate.
FORM 79 [s. 84.1
Witness order
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Date:
To: (Witness)
Order: That you attend and give evidence at the trial of (accused) in the High
Court if notice is later given to you to
that effect.
Note: Failure to comply with this order may render You liable to imprisonment
and a fine. You will be notified of the date and time at which you are to
attend by the Registrar of the Supreme Court. to whom any inquiry should
be address.
Magistrate.
Delete the words in italics unless the order is a conditional order.
FORM 80 [s.
84(2)(b).]
Notice to witness that a witness order is to be
treated as a conditional order
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Date:
To: (Witness)
Address:
Whereas you were on (date) ordered to attend and
give evidence at the trial of (accused) in the High Court,
you are NOT now required to attend UNLESS you receive a further notice
directing
you to do so.
................. ...............................
Magistrate.
FORM 81 [s. 84(3)(b).]
Notice lo witness that his attendance will not be
required in the High Court in any event
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Date:
To: (Witness)
Address:
Whereas you were on (date) ordered to attend and
give evidence at the trial of (accused) in the High Court,
your attendance in that court will NOT now be requried since the accused has have
not been committed for trial.
............
Magistrate.
FORM 84 [s. 79.1
Warrant remanding accused
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To each and all of the police officers of the said Colony and to the
Commissioner of Correctional Services in the said Colony.
Whereas was this day charged before the
undersigned, a magistrate of the said Colony, for that [etc., as in the warrant to
apprehend]; and it appears to me to be necessary to remand the said
These are, therefore, to command you, the said police officers in Her Majesty's
name, forthwith to convey the said to a
prison [or some other place of security and there deliver him to the Commissioner of
Correctional Services together with this precept; and you, the said Commissioner. to
receive the said into your custody in a prison [or some
other place of security] and there safely keep him until
day, the day of 19 when I hereby com-
mand you, the said police officers, to convey and have him at the said court,
at o'clock in thenoon of the same day. before such
magistrate of the said Colony as may be sitting at the said court. to answer further to
the said charge, and to be further dealt with according to law, unless you shall be
otherwise ordered in the meantime.
Dated this day of 19
Magistrate
.........................
[L.S.]
FORM 85 [s. 79.1
(WITH SURETIES)
Recognizance of bail instead of remand on an
adjournment
of examination
HONG KONG. IN THE MAGISTRATE'S COURT AT
We, the undersigned of
of
and of
severally acknowledge ourselves to owe to Our Sovereign Lady the Queen the
several sums following, namely, the said as
principal the sum of and the said
and as sureties the sum ofeach, to be levied on
our several goods, lands and tenements if the said fails
in the condition hereon endorsed.
Signed (where not taken orally.)
.........................................................
..............
Taken (orally) before me the day of 19
. ........................
................
(or Magistrates Clerk or
Superintend~ or Inspector
of Police c or
Commissioner of
Services ices. as the case may be),
Explained by
...........
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within
appears before such magistrate as may then be
sitting at the said court on. day,the day of
19 at o'clock in the noon.
to answer (further) to the charge made against him by and
to be (further) dealt with according to law (or appears before such magistrate as
may then be sitting at for sentence when
called upon) then the said recognizance shall be void, but otherwise shall remain in
full force.
NOTE-Where the recognizance is taken orally omit the words---theundersigned- and insert the word ---orally-
after---Taken---.
FORM 86 [s. 79.1
(PERSONAL)
Recognizance of bail instead of remand on ail
adjournment
of examination
HONG KONG. IN THE MAGISTRATE'S COURT AT
1. the undersigned
of do hereby acknowledge myself to owe to
Our Sovereign Lady the Queen the sum of to be
levied on my goods, lands and tenements if 1 the said shall
fail in the condition hereon, endorsed.
Signed (where not taken orally) ....................
Taken (orally) before me the day of 19
Magistrate.
(or Magistrate's Clerk or
Superintendent of Police
or Inspector of Police or
Commissioner of Correctional
Services ices, as the case may
be).
Explained by
...........
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the withiness
appears before such magistrate as may then be
sitting at the said court on day,theday of
19 at o'clock in the noon. to answer
(further) to the charge made against him by and to be
(further) dealt with according to law (or appears before such magistrate as may
then be sitting atfor sentence when called
upon) then the said recognizance shall be void, but otherwise shall remain in full
force.
NOTE-Where the recognizance is taken orally omit the words ---theundersigned' and insert the word -orally-
after---Taken---.
FORM 87 [s. 79.1
Notice of the said recognizance to be given to
accused and his sureties
HONG KONG. IN THE MAGISTRATE'S COURT AT
Take notice that you of
are bound in the sum of and your sureties,
and in the sum of each that
you, appear before me a magistrate of the said
Colony, on day, the day of 19
at o'clock in thenoon, at
to answer further to the charge made against you by and
to be further dealt with according to law; and unless you
personally appear accordingly, the recognizance entered into by yourself and your
sureties will be forthwith levied on your several goods, lands and tenements.
Dated this day of 19
.......................
Magistrate.
FORM 88 [s. 102.]
(WITH SURETIES)
Recognizance conditioned for appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
We, the undersigned of
of
and of
severally acknowledge ourselves to owe to Our Sovereign Lady the Queen the several
sums following, namely, the said as principal the
sum of and the said
and as sureties the sum ofeach, to be
levied on our several goods, lands and tenements if the said fails in the
condition hereon endorsed.
Signed (where not taken orally)
..............
Taken (orally) before me the day of 19
..........
[L.S.]............. Magistrate.
(or Magistrate's Clerk. or
Superintendent of Police or
Inspector of Police or
Commissioner ol Correctional
Services as the case may be)
Explained by
...........
Sworn Interpreter.
CONDITION ENDORSED
The condition of the above-written recognizance is such that whereas the
said was this day charged before me for that
he If therefore the said will appear at the
High Court on such date as the Registrar may appoint and there surrender himself (if
so required) into the custody of the Commissioner of Correctional Services in the
said
Colony, and plead to such indictment as may be filed against him by the Attorney
General and take his trial upon the same, and not depart the said Court without
leave,
then the said recognizance shall be void, but otherwise shall remain in full force.
NOTE-Where the recognizance is taken orally omit the words---theundersigned' and insert the word 'orally'
after 'Taken'.
FORM 89 [s. 102.]
(PERSONAL)
Recognizance conditioned for appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
of I, the undersigned do hereby acknowledge myself to owe
to Our Sovereign Lady the Queen the sum of to be levied
on my goods. lands and tenements if 1 the said shall
fail in the condition thereon endorsed.
Signed (where not taken orally) ............................................................
Taken (orally) before me the....day of 19
........
[L.S.].................... Magistrate.
(or Magistrate's Clerk or
Superintendent qf Police or
Inspector of Police or
Commissioner of
Correctional Services as the
case may be).
Explained by
...........
Sworn Interpreter.
CONDITION
ENDThe condition of the above-written recognizance is such that whereas the said
was this day charged before me for that he
If therefore the said will appear at the High Court on such
date as the Registrar may appoint and there surrender himself (if so required) into
the
custody of the Commissioner of Correctional Services in the said Colony, and
plead
to such indictment as may be filed against him by the Attorney General and take
his
trial upon the same, and not depart the said Court without leave. then the said
recognizance shall be void, but otherwise shall remain in full force.
NO] E-Where the recognizance is taken orally omit the words---theundersigned- and insert the word ---orally-
after 'Taken'.
FORM 90 [s. 102.1
Notice of I he said recognizance to be given to
accused
and his sureties
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Take notice that you, of are
bound in the sum of and your sureties,
and in the sum of [each], that
you appear [etc., as in the condition of the
recognizance],
and not depart the said court without leave; and unless you,
personally appear and plead, and take your trial accordingly, the recognizance
entered into by yourself and your sureties will be forthwith levied on your several
goods, lands and tenements.
Dated this day of 19
[L.S.] Magistrate.
FORM 91 [s. 102.1
Certificate of consent to bail by the committing
magistrate
endorsed on the commitment
HONG KONG. IN THE MAGISTRATE'S COURT
AT
I hereby certify that 1 consent to the within-named being
bailed by recognizance. himself in the sum of and
[two] sureties in the sum of [each].
Dated this day of 19
[L.S.] ............... Magistrate.
FORM 92 [s. 103.1
Warrant of deliverance on hail being given -
fora
prisoner already committed
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To the Commissioner of Correctional Services in the said Colony.
late of [labourer) has before me,
a magistrate of the said Colony, entered into his own recognizance, and found
sufficient sureties for his appearance at the High Court on such date as the Registrar
may appoint to answer Our Sovereign Lady the Queen for that he [etc., as in the
commitment J. for which he was taken and committed to a prison:
These are, therefore, to command you, in Her Majesty's name, that if the
saiddo remain in your custody in a prison for the said
cause, and for no other, you shall forthwith suffer him to go at large.
Dated this day of 19
............... 1 1 1
[L,S.] Magistrate.
PARTIV
FORMS FOR INDICTABLE OFFENCES TRIABLE
SUMMARILY
FORM 93 (ss. 91, 92
93.1
Summary conviction of indictable offence
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Before Esquire, a magistrate of the said Colony.
(hereinafter called the defendant) having been
charged
for that he. on the day of 19 at 1
[state offence]; and the magistrate having determined to try the case summarily.,
the
defendant is this day convicted of the said offence, and it is adjudged that he pay
[or that he be imprisoned, insert particulars] for his said offence [proceed as in
ordinary
forms of summary conviction].
Dated this day of 19
...........
[L.S.] Magistrate.
FORM 94 [s. 93.1
Order of dismissal where an indictable offence has been tried
summarily
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Before Esquire. a magistrate of the said Colony.
The day of 19
(hereinafter called the defendant) having been
charged on the information offor that he, on
the day of 19 at [state
offence]; and the magistrate having determined to try the case summarily; and the
matter of the said charge having been duly considered by the said magistrate, it
manifestly appears to him that the said charge is not proved:
Therefore the said information is hereby dismissed; and it is ordered that the
informant pay to the defendant the sum of for
costs forthwith (or on or before the day of 19
and if default is made [proceed as in a conviction for fine to be levied by distress or
omit as the case may be.)
[L.S.] at
PART V
FORMS RELATING To APPEALS AND CASE
STATED
FORM 95 [s. 105.1
Application to magistrate to state a case
HONG KONG. IN THE MAGISTRATE'S COURT
AT
To Esquire, a magistrate of the said Colony.
In the matter of an information (or complaint) wherein I, the undersigned
was informant (or prosecutor, or complainant)
andwas defendant, heard and determined before you
at the said court on the day of 19
being dissatisfied with your determination, upon the hearing of the above
information (or complaint) and being aggrieved thereby as being erroneous in point
of law [or as the case may be], I hereby, pursuant to section 105 of the Magistrates
Ordinance (Chapter 227), make application to you to state and sign a case setting
forth the facts and grounds of such your determination, in order that 1 may appeal
therefrom to a judge of the High Court.
Dated this day of 19
(Signed) ....................................................
FORM 96 [s.
111.1
Magistrate's certificate of refusal to state case
HONG KONG. IN THE MAGISTRATE'S COURT
AT
Whereas on the day of 19 an information
[or complaint] preferred by against
of (hereinafter called the defendant) for
that
he [etc., as in the information, complaint or summons] was heard and determined
by
me, the undersigned, a magistrate of the said Colony, and thereon [here state the
adjudication, order or determination together with any consequential order as to
fine,
imprisonment, costs or other matter]:
And whereas the defendant (or being dissatisfied with
the said determination and alleging that he is aggrieved thereby as being erroneous
in
point of law (or as being in excess of jurisdiction), has applied to me pursuant to
section 105 of the Magistrates Ordinance (Chapter 227), to state and sign a case
setting forth the facts and grounds of such determination in order that he may
appeal
therefrom:
Now 1 being of opinion that the application of the defendant (or
is merely frivolous have refused to state such case, of which
refusal the defendant (orhas requested me to sign and deliver
to him a certificate:
Now therefore I, the said magistrate, pursuant to section 111 of the said
Ordinance, do hereby certify that 1 am of opinion that the application of the
defendant (or as aforesaid is merely frivolous, and that 1 have
refused to state such case accordingly.
Dated this day of 19
........................... .....................
Magistrate.
FORM. 97 [s. 105.1
Case stated by a magistrate
IN 1 HE HIGH COURT OF HONG KONG
APPELLATE JURISDICTION
Between Appellant,
and
Respondent.
This is a case stated by the undersigned, a magistrate of the Colony of Hong
Kong under the Magistrates Ordinance (Chapter 227). for the purpose of appeal to
a judge of the High Court on questions of law which arose before me as hereinafter
stated,
1. At the magistrate's court in the said Colony. at
on the day of 19an information (or a
complaint) preferred by (hereinafter called the
respondent) against (hereinafter called the
appellant) [or as the case may be], under section of the [state the
Ordinance or statute as the case may be] charging, for that he, the appellant [etc., state
the offence or cause of
f complaint], was heard and determined by me, the said parties
respectively being then present and upon such hearing the appellant was duly
convicted before me of the said offence, and it was adjudged that he should pay (or
and upon such hearing the appellant was by me ordered to pay) to the respondent
the sum of [here state the adjudication of fine sum, or imprisonment and costs, as in a
conviction or an order].
(Or, if'disniissed.. and upon such hearing the said information (or complaint)
was dismissed by me.) (and, 4'so, the appellant was ordered to pay to the respondent
of the sum offor his costs incurred by him in his defence in that
behalf. conclude as in an order of dismissal).
2. And whereas the appellant. being dissatisfied with ms. determination upon
the hearing of the said information (or complaint) and afleging himself to be
aggrieved by such determination as being erroneous in point of law has, pursuant to
section 105 of the Magistrates Ordinance. duly applied to me in writing to state
and sign a case setting forth the facts and the grounds of such determination as
aforesaid, in order that he may appeal therefrom to a judge of the High Court. and
has duly entered into a recognizance as required by the said Ordinance in that
behalf.
(Where the case stated has been refused in thefirst instance-but 1. being of
opinion that the application of the appellant was merely frivolous. refused to state
and sign such case, and at his request signed and delivered to him a certificate of
such refusal; and whereas ajudge of the Supreme Court has since ordered me to state
such case.)
3. Now therefore 1, the said magistrate, in compliance with the said application
(or in obedience to the said order of a judge of the High Court) and the provisions of
the said Ordinance Qf morefacts are introduced than proved and by consent of the said
parties), do hereby state and sign the following case.
4. Upon the hearing of the information (or complaint) it was proved on the
part of the respondent, and found as a fact, that [here state so inuch ofthe evidence
given and of thefacts as are necessary to raise the point of law in question].
5. It was contended on the part of the appellant that [here state the legal
objection or objections to thefindings on thefiacts taken bY the delendant or his counsel].
6. 1, however, being of opinion that [here state the grounds ofthe decision]. held
that [here state the decision andjudgment].
If it is desired to refer to a portion of the evidence bY vonsent, insert the
paragraph-
7. The questions of law arising on the above statement for the opinion of this
court therefore are, 1st whether, etc., 2nd whether, etc.
Dated this day of 19
................................................
[L.S.1 Magistrate.
FORM 98 [ss. 110. 114& 119.1
(PERSONAL)
Recogni:ance to prosecute appeal and to appear
ifappellant is liberatedjroni custodi.
HONG KONG. IN THE MAGISTRATE'S COURT AT
1, the undersigned
do hereby acknowledge myself to owe to Our Sovereign Lady the Queen. the sum
of to be levied on my goods, lands and tenements if 1
fail in the condition hereon endorsed.
Signed (where not taken orally) ............................................................
Taken (orally) before me the day of 19
[L.S.1 Magistrate.
.(or ( ...... v-1 Cv- tw-1
Sert.;~ es. or as the case may be).
Explained by
...................... 1
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden
(a) shall without delay prosecute a certain appeal to ajudge of the High Court from
a conviction (or order or determination) of
Esquire, a magistrate of the said Colony, dated the day of
19 , whereby [here state effect of conviction or order or determination], and
further shall abide by and duly perform the order of the said judge or the Court
of Appeal to be made upon the hearing of such appeal, and shall pay such costs
as may be awarded by the said judge or court; and
(b) shall personally appear and surrender himself at before
and to a judge of the High Court or the Court of Appeal at each and every
hearing of his appeal by such judge or court and to then and there abide by the
judgment of such judge or court and not to depart or be absent from court at any
hearing without the leave of such judge or court and in the meantime not to
depart out of the Colony of Hong Kong;
then this recognizance shall be void. but otherwise shall remain in full force.
NOTE-(1)Where the recognizance is taken orally omit the words 'the undersigned- and insert the word
---orally-after---Taken---.
(2)The conditions (a) or (b) may be used separately or together as occasion demands. but the
conditions in (b) will only be required if the appellant is released frorricustody unders. 119(a).
FORM 99 [ss. 110, 114& 119.1
(MONEY DEPOSIT)
Recogni:ance to prosecute appeal and to appear if
appellant is liberated_from custodY
HONG KONG. IN THE MAGISTRATE'S COURT AT
1. the undersiened
do hereby ~icklit)'ledge myself to owe to Our Sovereign Lady the Queen. the sum
ol, . if' 1
fail in the condition hereon endorsed.
Signed (where nor taken orall.0 ............................................................
Taken (orally) before me the day of 19
................ ?~ .... 1
[L.S.1.................... ' istrale.
(or Commissioner of Correctional
Services, or as the case may be).
Explained by
.............
Sworn Interpreter.
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-
bounden
(a) shall without delay prosecute a certain appeal to a judge of the High Court
from a conviction (ot. order or determination) of Esquire.
a magistrate of the said Colony, dated the day of
19 . whereby [here state effect of conviction or order or determination]
and further shall abide by and duly perform the order of the said judge or the
Court of Appeal to be made upon the hearing of such appeal, and shall pay such
costs as may be awarded by the said judge or court; and
(b) shall personally appear and surrender himself at before and
to ajudge of the High Court or the Court of Appeal at each and every hearing of
his appeal by suchjudge or court and to then and there abide by thejudgment of
such judge or court and not to depart or be absent from court at any. hearing
without the leave of suchjudge or court and in the meantime not to depart out of
the Colony of Hong Kong;
then this recognizance shall be void, but otherwise shall remain in full force.
NOTE-(1)Where the recognizance is take orally omit the words---theundersigned- and insert the word
'orally- after 'Taken'.
(2)The conditions (a) or (b) may be used separately or together as occasion demands. but the
conditions in (b) will only be required ifthe appellant is released from custody under s. 119(a).
FORM 100 [s. 110.
Order to bring up appellant in cusiod.i. to enter into
recognizance of appeal
HONG KONG. IN THE MAGISTRATE'S COURT AT
To the Commissioner of Correctional Services in the said Colony.
You are hereby ordered to bring , now in prison
custody, before the undersigned, a magistrate of the said colony. or such magistrate as
may then be sitting at the said court, on da~.
the day of 19 , at o'clock in the noon.
that he may enter into a recognizance with surety
conditioned to appear and prosecute and appeal from the conviction (or order).
dated the day of 19 . of the undersiened
(or Esquire), a magistrate of the said Colon~.
Dated this day of' 19
[L.S.] Magistrate.
FORM 101 [s. 114.1
Notice of appeal to ajudge against conviction
HONG KONG. IN THE MAGISTRATE'S COURT AT
To the magistrates' clerk at the said Court.
I, ' of , do hereby give you notice
that it is my intention to appeal to ajudge of the High Court of Hong Kong against
a certain conviction of me by Esquire. a
magistrate sitting at the said court for having on at
[state offence, etc.]. And that the general grounds of
such appeal are [state here each ground of appeal, such as that the conviction was
against the weight of evidence upon the hearing of the proceedings in that behaf or that
certain evidence was improperly admitted or rejected (as the case ma - v be ~ upon the
hearing of the proceedings in that behalf, or that there was no evidence, or no suffi(ient
evidence whereon to fiound the said conviction, (or as the case ma-v be) ]. and tha t 1 am
not guilty of the said offence.
Dated this day of 19
(Signed) ..............................................
FORM 102
Notice of appeal to ajudge against sentence
HONG KONG. IN THE MAGISTRATE*S COURT AT
To . the magistrates' clerk at the said Court.
1, . of , do hereby give you notice
that it is my intention to appeal to ajudge of the High Court of Hong Kong against
my sentence on a certain conviction of me by
Esquire, a magistrate sitting at the said court ~or having on
at [state qffence, etc.]. And that the general
grounds of my appeal are that my sentence was too severe.
Dated this day of 19
(Signed) ..........................
FORM 103 [s. 114A.]
Application for extension of tinielor gil.ing notice oj'appeal
HONG KoNG. INTHE MAGISTRATE'S COURT AT ..........................................
1. the undersigned ...................................................................................................
of ................................................................................................................................
hereby apply to a *magistrate judge ofthe High Court for an extension oftime within
which 1 may give notice of appeal against a conviction (or order ai. determination)
of .......a magistrate sitting at the said magistrate's court, dated
the .day of .............19 .whereby [here state
effect qfcontictiopi, order or determination]
upon the following grounds-
.Dated this day of 19
(Signed) ..............................................
* Delete hiche,er,, mapplicable,
magistrate's clerk. If this application is being made to a judge of the
High Court it must be sent to the Registrar of the Supreme Court.
PART VI L.N. 347184.
FORMS RELATING TO MINOR OFFENCE NOTICE PROCEDURE
FORM 104
Notice of Prosecution for Minor Offence
(Section 7D Ma gistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.0.N. No.
COMPLAINANT/ COURT COPY
Name
Address
I/D Card No.
fi 14, ex .4 f ~. A ~l?
Driving Licence No.
(where applicable)
TAKE NOTICE that 1
of
allege that the abovenamed did on
the day of 19 at
commit an offence contrary to
in that he
The facts on which 1 base this allegation are contained in the summary set out
below/attached to the notice and signed by me.
PENALTY
The maximum penalty/ies for this offence is/are-
*1. A fine not exceeding $
*2. A sentence of months' imprisonment.
*3. Disqualification from holding or obtaining a driver's licence for
year/s.
*4. penalty points.
.(Delete as appropriate)
IMPORTANT NOTICE-In no circumstances will a defendant be sentenced to a
term of imprisonment or disqualified from holding or
obtaining a driving licence in his absence.
I CERTIFY that 1 believe that I havejust cause for this allegation and that to the
best of my knowledge and belief the SUMMARY OF FACTS and other particulars
relating to the offence or to the de~endant which particulars are set out below or on an
attached sheet of paper signed by me are true and correct.
Dated this day of 19
Informant
SUMMARY OF FACTS (and other relevant matters). The facts on which the
Informant bases his allegation are as follows-
RECORD OF HEARING
Action Date:
Plea
Decision:
Signature(s)
FORM 105
Notice of Prosecution for Minor Offence
(Section 7D Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.0.N. No.
DEFENDANT'S COPY
Name
Address
I/D Card No.
Driving Licence No.
(where applicable)
TAKE NOTICE that I
of
allege that the abovenamed did on
the day of 19 at
commit an offence contrary to
in that he
The facts on which I base this allegation are contained in the summary set out
below/attached to the notice and signed by me.
PENALTY
The maximum penalty/ies for this offence is/are-
*1. A fine not exceeding
*2. A sentence of months' imprisonment.
*3. Disqualification from holding or obtaining a driver's licence for
year/s.
*4. penalty points.
*(Delete as appropriateIMPOR TANT NO TICE-In no circumstances vvill vou he sentenced to a term of
imprisonment or diqualilfed_from holding or obtaining
a driving licence in.your absence.
I CERTIFY that I believe that I have just cause for this allegation and that to the
best of my knowledge and belief the SUMMARY OF FACTS and other particulars
relating to the offence or to the de;cndant which 'p'articulars are set out below or on an
attached sheet of paper signed by me are true and correct.
Dated this day of 19
Informant
SUMMARY OF FACTS (and other relevant matters). The facts on which the
Informant bases his allegation are as follows-
YOU MUST READ CAREFULLY THE STATEMENT
OF YOUR RIGHTS AND OPTIONS ON THE
BACK OF THIS NOTICE
IMPORTANT NOTICE TO DEFENDANT
STATEMENT OF RIGHTS AND OPTIONS
1 You have been charged with the offence specified overleaf.
2. The maximum penalties for the offence are also set out overleaf NOTE.These
are maximum penalties and under no circumstances will you be sentenced
to a term of imprisonment or disqualified from holding or obtaining a
licence without your being present and being given the opportunity to make
representations. Should the Court consider that a fine is not adequate
punishment a summons will be issued ordering you to appear before the
Court.
3. If you want to plead not guilty, you must send written notice to the First Clerk
of this Court by a summons will then be sent to
you ordering you to appear before the Court.
4. If you want to pleadguifty but wouldlike to appear befure the Court to explain
any matter, you must send written notice saying so to the First Clerk of this
Court by the date set out in paragraph 3. A summons will then be sent to you
ordering you to appear before the Court.
5. If you want to plead guilty and do not wish to appear before the Court, you may
do so by writing to the First Clerk; you can also include in your letter
anything you want to explain to the Court about the offence or why a heavy
penalty should not be imposed.
6. If you do nothing by the date specified in paragraph 3 above, the Court has the
power to deal with the case as if you have pleaded guilty for the charge and
agreed that the summary of facts set out overleaf is correct.
7. If the charge against you is one of unlawful possession contrary to section 30 of
the Summary Of[ences Ordinance (Cap. 228) it is possible that you may be
entitled to legal aid and you should consult the Court Liaison Officer or the
Law Society Legal Advice & Duty Lawyer Schemes at the Magistracy from
which this notice has been issued.
First Clerk
Date
Office hours: 9.00 a.m. to 4.30 p.m.
Note
A.If you do not understand this notice, you should consult the First Clerk or a
solicitor immediately.
B. Please notify the Court of any change of address.
C. If the Court determines the charge in your absence, a notice will be sent to you.
D. If you write to the Court or ask the Court for any information please give the
M.O.N. number shown on the front of this form.
FORM 106
Notice of Imposition of Penalty
(Section 7Q1) Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.O.N. No.
COURT COPY
TAKE NOTICE that on the day of 19
a fine of $ [together with costs of $ (hereinafter called 'the
penalty') was imposed on you by the above-mentioned Magistrate's Court in respect
of the offence of which it was alleged
was committed on the day of 19
NOTICE is hereby given that you are required to pay the aforesaid penalty of
$ within 21 days from the date of this notice to---
Magistracy
Hong Kong/Kowloon/New Territories
(To be completed)
..............
Magistrate.
Date:
COURT ACTION
1. Notice received from defendant on the day of
19 that he wishes Magistrate to review his decision.
2 Application by defendant under 1 above determined on the day
of 19 Penalty confirmed/set aside.
3. Following confirmation under 2 above penalty paid/not paid by the
day of 19
4. No notice having been received from defendant under 1 above, notice in
Form 106 issued on the day of 19
for payment by the day of 19
5. Following issue of Form 106, penalty paid/not paid by the day
of 19
6. Penalty not having been paid (3 or 5 above), Form 107 issued on the
day of 19 for payment of penalty by the
day of 19
7. Following issue of Form 107, penalty paid/not paid by the day of
19
8. Penalty not having been paid under 7 above, warrant issued on the
day of 19
9. Warrant executed on the day of 19
FORM 106A
Notice of Imposition of Penalty
(Section 7G(I) Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.O.N. No.
DEFENDANT'S COPY
TAKE NOTICE that on the day of 19
a fine of $ [together with costs of $ ] (hereinafter called 'the
penalty') was imposed on you by the above-mentioned Magistrate's Court in respect
of the ollence of which it was alleged
was committed on the day of 19
NOTICE is hereby given that you are required to pay the aforesaid penalty of
$ within 21 days from the date of this notice to--
Magistracy
Hong Kong/Kowloon/New Territories
(To be completed)
................
Magistrate.
Date:
IMPORTANT NOTICE
1. If you have not received a notice of prosecution in respect of these proceedings
and wish to dispute the penalty you should immediately make application to
the First Clerk of the above-mentioned Court requesting that an appointment
be made for you to attend before the Magistrate to request him to review his
decision.
2. Any such application should be made within 14 days of receipt of this
notice, otherwise a summons or warrant will be issued against you under
section 101A of the Magistrates Ordinance. An application should include
your full postal address for a reply.
FORM 107
Notice of Non-payment of Penalty
(Section 7Q2) Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.O.N. No.
COURT COPY
TAKE NOTICE that on the day of 19
a fine of $[together with costs of $ (hereinafter called 'the
penalty') was imposed on you by the above-mentioned Magistrate's Court in respect
of the offence of which it was alleged
was committed on the day of 19
A Notice of Imposition of Penalty dated the day of
19 was later served on you requiring you to pay the penalty of $
within 21 days but as of the date of this notice, the said penalty remains unpaid.
YOU ARE THEREFORE notified that unless the penalty is paid in full within
14 days of the service on You of this notice, a summons or warrant will he issued
against you to enforce payment of the penalty under section 101A of the Magistrates
Ordinance.
Payment should be made to-
Magistracy
Hong Kong/Kowloon/New Territories
(To be completed)
..........................................
Magistrate.
Date
STATEMENT OF PERSONAL SERVICE
This document was served by me by delivering a copy of the same to the
defendant personally on the day of 19 at
a.m./p.m. at .................................................................................................
(Statefull address qf service)
being the RESIDENTIAL/WORK* address of the defendant.
[Where service was at defendant's work address]-
The defendant's residental address is
The same as that on the summons OR*
.................................................................................. ......................................
(Specify)
(Signed) ........................................
Full name ..................................
Date: Designation .............................
......*Officer of the
......Court/Police Officer/
......Authorized Person
Delete as appropriate.
FORM 107A
Notice of Non-payment of Penalty
(Section 7G(2) Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.O.N. No.
DEFENDANT'S COPY
TAKE NOTICE that on the day of 19
a fine of [together with costs of $ ] (hereinafter called 'the
penalty') was imposed on you by the above-mentioned Magistrate's Court in respect
of the offence of which it was alleged
was committed on the day of 19
A Notice of Imposition of Penalty dated the day of
19 was later served on you requiring you to pay the penalty of
within 21 days but as of the date of this notice, the said penalty remains unpaid.
YOU ARE THEREFORE notified that unless the penalty is paid in full within
14 days of the service on you of this notice, a summons or warrant wig be issued
against you to enforce payment of the penalty under section 101A of the Magistrates
Ordinance.
Payment should be made to-
Magistracy
Hong Kong/ Kowloon/New Territories
(To be completed)
......................
Magistrate
Date:
IMPORTANT NOTICE
1 If you have not received a notice of prosecution in respect of these proceedings
and wish to dispute the penalty you should immediately make application to
the First Clerk of the above-mentioned Court requesting that an appointment
be made for you to attend before the Magistrate to request him to review his
decision.
2. Any such application should be made within 14 days of receipt of this
notice, otherwise a summons or warrant will he issued against you under
section 101A of the Magistrates Ordinance. An application should include
your full postal address for a reply.
FORM 108
Notice of Hearing of Review
(Section 7H Magistrates Ordinance Chapter 227)
M.O.N. No.
Name
Address
I/D Card No.
Driving Licence No.
(where applicable)
Pursuant to your application of the day of
19 I hereby give notice that the said application will be heard by
Magistrate, on the day of
19 at a.m./p.m., in Court No. of this Magistracy.
If you wish to call any witnesses in support of your application. they should
attend court with you.
If you do not attend court at the above-mentioned place and time, your
application will be determined in your absence.
.............................
First Clerk, Magistracy
Date:
FORM 109
Sunimons to Defendant-Minor Offence
(Section 7E0) Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.O.N. No.
Summons No.
DEFENDANT'S COPY
Name
Address
I/D Card No.
Driving Licence No.
(where applicable)
Complainant,
of
has filed a notice of prosecution for a minor offence, signed by him on
alleging that you,
the said did on
at commit an
offence contrary to
in that you
The facts on which this allegation is based are contained in the Summary of
Facts set out in, or attached to, the said Notice of Prosecution.
You have indicated that you wish to deny the charge or to appear before the
court for that or another purpose.
A Magistrate has directed that this summons be issued-
*(1) in accordance with your above-mentioned wishes
*(2) because he wishes to give you the opportunity of being heard prior to
proceeding to sentence.
You are therefore summoned to appear on
at a.m./p.m., at the Magistrate's Court at
to answer the said notice of prosecution.
Dated at this day of 19
Magistrate.
*Delete as appropriate.
FORM 110
Summons to Defendant-Minor Offence
(Section 7E(I) Magistrates Ordinance Chapter 227)
MAGISTRATES COURT
M.O.N. No.
Summons No.
COURT COPY
Name
Address
I/D Card No.
Driving Licence No.
(where applicable)
Complainant,
of
has filed a notice of prosecution for a minor offence, signed by him on
alleging that you,
the said did on
at commit an
offence contrary to
in that you
The facts on which this allegation is based are contained in the Summary of
Facts set out in, or attached to. the said Notice of Prosecution.
You have indicated that you wish to deny the charge or to appear before the
court for that or another purpose.
* Magistrate has directed that this summons be issued-
*(1) in accordance with your above-mentioned wishes
*(2) because he wishes to give you the opportunity of being heard prior to
proceeding to sentence.
You are therefore summoned to appear on
at a.m./p.m., at the Magistrate's Court at
to answer the said Notice of Prosecution.
Dated at this day of 19
Magistrate.
*Delete as appropriate.
STATEMENT OF SERVICE
This document was served by me by delivering a copy of the same to the
defendant personally on the day of 19
a t a.m.,1p.m.
at
(State full address of service)
being the RESIDENTIAL/WORK address.
Residential The same as that OR (Specify)
address is on the summons
(Signed)
Officer of the Court/
Authorized Person/
Police Officer*
at
Designation
*Delete as appropriate.
This document was served by me by leaving a copy of the same for the
defendant on the day of 19
at a.m./p.m.
at
(State full address of service)
his usual place of residence with
the # of the said defendant
residing with the defendant and appearing to be over the age of eighteen years.
(Signed)
Officer of the Court/
Authorized Person/
Police Officer*
at
Designation
Father, mother, wife, husband, child, brother, sister, half-brother or half-sister.
Delete as appropriate
Date Posted:
FORM 111
Suminons to Defendant - Minor Offence
(Section 7E(1) Magistrates Ordinance Chapter 227)
MAGISTRATE'S COURT
M.O.N. No.
Summons No.
INFORMANT'S COPY
Name
Address
I/D Card No.
Driving Licence No.
(where applicable)
Complainant.
of
has filed a notice of prosecution for a minor offence, signed by him on
alleging that you,
the said did on
at commit an
offence contrary to
in that you
The facts on which this allegation is based are contained in the Summary of
Facts set out in, or attached to, the said Notice of Prosecution.
You have indicated that you wish to deny the charge or to appear before the
court for that or another purpose.
A Magistrate has directed that this summons be issued-
*(1) in accordance with your above-mentioned wishes
*(2) because he wishes to give you the opportunity of being heard prior to
proceeding to sentence.
You are therefore summoned to appear on
a t a.m./p.m., at the Magistrate's Court at
to answer the said notice of prosecution.
Dated at this day of 19
Magistrate.
R M rij
*Delete as appropriate.
L.N. 58/67. L.N. 134/67. L.N. 174/69. L.N. 150/70. L.N. 163/71. L.N. 198/72. L.N. 200/72. L.N. 68/74. L.N. 98/80. L.N. 330/81. L.N. 253/82. L.N. 347/84. L.N. 413/84. Citation. Forms. L.N. 330/81. L.N. 253/82. L.N. 98/80. L.N. 198/72. L.N. 134/67. L.N. 200/72. L.N. 134/67. L.N. 150/70. L.N. 413/84. L.N. 134/67. L.N. 134/67. L.N. 200/72. L.N. 200/72. L.N. 200/72. L.N. 163/71. L.N. 150/70. L.N. 150/70. L.N. 330/81. L.N. 134/67. L.N. 163/71. L.N. 134/67. L.N. 163/71. L.N. 134/67. L.N. 174/69. L.N. 347/84. L.N. 413/84. L.N. 413/84. L.N. 413/84. L.N. 413/84. Where served on the Defendant personally. Delete option which does not apply. Delete box which does not apply. Where served by delivering to a member of family. Where served by Post.
Abstract
L.N. 58/67. L.N. 134/67. L.N. 174/69. L.N. 150/70. L.N. 163/71. L.N. 198/72. L.N. 200/72. L.N. 68/74. L.N. 98/80. L.N. 330/81. L.N. 253/82. L.N. 347/84. L.N. 413/84. Citation. Forms. L.N. 330/81. L.N. 253/82. L.N. 98/80. L.N. 198/72. L.N. 134/67. L.N. 200/72. L.N. 134/67. L.N. 150/70. L.N. 413/84. L.N. 134/67. L.N. 134/67. L.N. 200/72. L.N. 200/72. L.N. 200/72. L.N. 163/71. L.N. 150/70. L.N. 150/70. L.N. 330/81. L.N. 134/67. L.N. 163/71. L.N. 134/67. L.N. 163/71. L.N. 134/67. L.N. 174/69. L.N. 347/84. L.N. 413/84. L.N. 413/84. L.N. 413/84. L.N. 413/84. Where served on the Defendant personally. Delete option which does not apply. Delete box which does not apply. Where served by delivering to a member of family. Where served by Post.
Identifier
https://oelawhk.lib.hku.hk/items/show/2918
Edition
1964
Volume
v15
Subsequent Cap No.
227
Number of Pages
92
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MAGISTRATES (FORMS) RULES,” Historical Laws of Hong Kong Online, accessed January 29, 2025, https://oelawhk.lib.hku.hk/items/show/2918.
