Chapter: | 227C | MAGISTRATES (FORMS) RULES | Gazette Number | Version Date |
| | Empowering section | | 30/06/1997 |
| (Cap 227 section 133) | |
| | [31 March 1967] |
(Originally L.N. 58 of 1967) | | |
Rule: | 1 | Citation | | 30/06/1997 |
These rules may be cited as the Magistrates (Forms) Rules.
The forms in the Schedule shall be the prescribed forms for the purposes of the Ordinance. Schedule: | | SCHEDULE | L.N. 14 of 2006 | 10/03/2006 |
PART I |
FORMS FOR SUMMARY OFFENCES |
FORM 1 Summons to the defendant upon an information or complaint | [sections 8 & 72] Case No.: |
SUMMONS TO DEFENDANT | |
AT | IN THE MAGISTRATE'S COURT IN HONG KONG MAGISTRACY | |
To: (Name and address of the defendant) [Information has been laid] or [Complaint has been made] THAT YOU (here state the particulars of the alleged offence) | |
THIS SUMMONS THEREFORE REQUIRES YOU TO APPEAR on (date) at (time) in Court No. , Magistracy before the magistrate presiding there to answer to the information] or [complaint] and to be further dealt with according to law.
This summons is issued under the Magistrates Ordinance (Cap 227) by a magistrate or an officer of a magistrate's court who is authorized under section 8(1) of that Ordinance.
(Date of the Summons) (59 of 1994 s. 7; L.N. 355 of 1997)
FORM 1A [section 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: *Male/Female .......... (age) .........
**Hong Kong Identity Card No. ................................................... (if known) ...................................................
1. I, ......................................................................................................... (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 ..................................................
(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 Regulation (Cap 132 sub. leg.)
section .............................; *(c) (Repealed 78 of 1999 s. 7) *(d) the Country Parks and Special Areas Regulations (Cap 208 sub. leg.) regulation .............................; *(e) the Summary Offences Ordinance (Cap 228) section 4D(1),
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 1 - (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 of the alleged 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.
(L.N. 201 of 1987; L.N. 158 of 1995; 78 of 1999 s. 7)
FORM 1B
(Repealed L.N. 201 of 1987)
FORM 2 [sections 18A, 20 & 72]
Warrant when summons is disobeyed
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
On the day of 19 , information was laid (or complaint was made) before a magistrate of Hong Kong, that [as in the summons]; and a summons was then issued by the said magistrate to the said [name of defendant] commanding 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 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 forthwith to apprehend the said [name of defendant] and to bring him before me 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.
[L.S.] (59 of 1994 s. 8; L.N. 355 of 1997)
FORM 2A [section 8A(3)]
Warrant where notice to 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 - (a)
- ........................ ............................................................................................................................................ 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 be 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 forthwith to apprehend the said
- (a)
- ................... ......................................................................................................... and to bring him before me or such magistrate as may then be 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.
(L.N. 198 of 1972; L.N. 158 of 1995; L.N. 355 of 1997)
FORM 3 [sections 20 & 23] Warrant where defendant bound by a recognizance has failed to appear
HONG KONG. IN THE MAGISTRATE'S COURT AT To each and all of the police officers of Hong Kong. On the day of 19 , information was laid (or complaint was made or [name of
defendant] was charged), before a magistrate of Hong Kong, that he [here state shortly the matter of the information, 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 the noon, 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 defendant] has not appeared at the time and place so appointed:
These are, therefore, to command you forthwith to apprehend the said [name of defendant] and to bring him before me or such magistrate 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. (59 of 1994 s. 8; L.N. 355 of 1997)
FORM 4 [sections 9, 72 & 74]
Warrant in the first instance
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
Information having this day been laid before the undersigned, a magistrate of Hong Kong, 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 forthwith to apprehend the said [name of defendant] and to bring him before a magistrate of Hong Kong to answer to the said information, and to be further dealt with according to law.
Dated this day of 19 .
................................................ Magistrate. [L.S.]
NOTE.-When the offence is committed on the high seas (or outside Hong Kong) the warrant should describe the party injured to have been at the time of the offence "within the jurisdiction of the Hong Kong courts". (59 of 1994 s. 8; L.N. 355 of 1997)
FORM 5 [sections 20 & 23] Warrant of committal for safe custody during an adjournment of the hearing HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services.
On the day of 19 , information was laid before the undersigned, a magistrate of Hong Kong for that [here state shortly 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 said should in the meantime be kept in safe custody:
These are, therefore, to command you, the said police officers, forthwith to convey the said to a prison [or some other place of security], and there to deliver him to the Commissioner of Correctional Services, 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 to keep him until
day, the day of 19 ; when you, the said police officer, and 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 the noon 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.] Magistrate.
(L.N. 134 of 1967; 59 of 1994 s. 8; L.N. 355 of 1997)
FORM 6 [sections 8, 20, 23, 31,63, 64 & 65]
(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 the Government 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 .
................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of 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 appears