Chapter: | 227A | MAGISTRATES (ADMINISTRATIVE) RULES | Gazette Number | Version Date |
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Empowering section | 30/06/1997 |
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(Cap 227 sections 35, 62, 63, 64 and 133)
[1 January 1933]
(Originally 41 of 1932 Second Schedule)
Rule: | 1 | Interpretation | 30/06/1997 |
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SUMMARY PROCEEDINGS
1. In these rules, unless the context otherwise requires"authorized clerk" (獲授權書記) means in respect of each magistracy any person authorized in writing, by a magistrate normally sitting at that magistracy, to perform the duties hereinafter referred to;
"magistracy" (裁判法院) means any premises, other than those separately used as a juvenile court in accordance with the provisions of section 3D(2) of the Juvenile Offenders Ordinance (Cap 226), which contain rooms in which a magistrate habitually sits to hear and try any complaint or information;
"transfer" (移交) refers to the transfer of a charge to the District Court.
(G.N.A. 91 of 1960)
Rule: | 2 | Case Register | 30/06/1997 |
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Rule: | 3 | Accounts | 30/06/1997 |
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(4) When the whole of such sum has been paid or received by distress, or the term of imprisonment imposed in
default of payment or of sufficient distress has expired, the magistrates' clerk shall then enter the sum in the account: Provided that, though the whole of the sum may not have been paid or recovered, the instalments received shall
Cap 227A - MAGISTRATES (ADMINISTRATIVE) RULES
be accounted for at such times and in such manner as the Director of Accounting Services may direct. (L.N. 16 of 1977; L.N. 453 of 1993)
Rule: | 4 | Other accounts dispensed with | 30/06/1997 |
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When the magistrates' clerk has rendered an account in such form as shall be required by the Director of Accounting Services, he shall not be required to render any other account relating to the same particulars.
(G.N.A. 91 of 1960; L.N. 16 of 1977; L.N. 453 of 1993)
Rule: | 5 | Returns to Chief Secretary for Administration | L.N. 362 of 1997 | 01/07/1997 |
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The magistrates' clerk shall render such returns at such times and in such manner as the Chief Secretary for Administration may direct.
(L.N. 226 of 1976; L.N. 362 of 1997)
Rule: | 6 | Application of sum due under forfeited security | 30/06/1997 |
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Where a magistrate has enforced payment of any sum due by a principal in pursuance of a security under the Ordinance which appears to the magistrate to be forfeited, the sum shall be paid to the magistrates' clerk, and shall be paid and applied by him in accordance with its appropriation in such manner as the Director of Accounting Services may direct.
(L.N. 16 of 1977; L.N. 453 of 1993)
Rule: | 7 | Form of security | 30/06/1997 |
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Any security given under this Ordinance by an oral or written acknowledgment may be in the form of an undertaking.
Rule: | 8 | Security book | 30/06/1997 |
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Rule: | 9 | Notice to principal of forfeiture of security | 30/06/1997 |
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Rule: | 10 | Application to vary order for sureties | 30/06/1997 |
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An application under section 62 of the Ordinance shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.
Cap 227A - MAGISTRATES (ADMINISTRATIVE) RULES
Rule: | 11 | Payment by defendant | 30/06/1997 |
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When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount endorsed thereon as that on the payment of which he may be discharged, and, on receiving that amount, the officer shall discharge the defendant, and shall forthwith pay over the amount to the magistrates' clerk.
Rule: | 12 | Discharge of prisoner on payment | 30/06/1997 |
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Rule: | 13 | Direction that money found on defaulter shall not be applied in satisfaction of fine | 30/06/1997 |
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Where the defendant is committed to prison or other place of detention, any direction given under section 38 of the Ordinance shall be endorsed on the warrant of commitment.
(G.N.A. 78 of 1956)
Rule: | 14 | Costs of plaintiff or complainant in enforcing order | 30/06/1997 |
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All costs incurred by the plaintiff or complainant in endeavouring to enforce an order shall, unless a magistrate otherwise orders, be enforceable by warrant of distress and sale or by imprisonment not exceeding ( 42 days) 6 weeks, unless the same shall be sooner paid.
Rule: | 15 | Custody of exhibits | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
Provided that any such exhibit as to which an order for restitution may have been made by the magistrate or by a judge of the Court as the case may be, shall not be returned except under the direction of the magistrate or of the judge of the Court as the case may be. (25 of 1998 s. 2)
(G.N.A. 82 of 1954)
Rule: | 16 | Delivery of additional copy of case stated | 30/06/1997 |
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APPEALS
In all cases of appeal to the Court of Appeal on questions of law under Part VII of the Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before 2 judges, furnish the Registrar with an additional copy of the case stated and of the depositions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such copy.
Cap 227A - MAGISTRATES (ADMINISTRATIVE) RULES
Rule: | 17 | Mode stating case | 30/06/1997 |
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Every case stated under Part VII of the Ordinance shall be divided into paragraphs which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.
Rule: | 18 | Costs of drawing and copying case | 30/06/1997 |
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The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of rule 17 shall not be allowed on taxation, unless the Court of Appeal or the judge before whom the appeal is heard specially so directs.
Rule: | 19 | Transmission of exhibits on appeal | 25 of 1998 s. 2 | 01/07/1997 |
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Remarks:
Amendments retroactively made-see 25 of 1998 s. 2
(G.N.A. 82 of 1954)
Rule: | 20 | Citation | 30/06/1997 |
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CITATION
These rules may be cited as the Magistrates (Administrative) Rules.
Schedule: | SCHEDULE (Repealed L.N. 331 of 1995) | 30/06/1997 |
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Cap 227A - MAGISTRATES (ADMINISTRATIVE) RULES