Cap 525A s 4 Failure of witness to attend, etc. (MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS REGULATION; MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE)

Contents of Section

Chapter:	525A	Title:	MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS REGULATION	Gazette Number:	L.N. 94 of 1998
Section:	4	Heading:	Failure of witness to attend, etc.	Version Date:	20/02/1998

(1) If a person summoned under section 2-

(a) fails to attend before a magistrate as required by section 3; and

(b) offers no reasonable excuse for the failure to attend,

then, after proof upon oath that-

(i) the summons was served on the person, either personally or by leaving the summons for him with some person at his last or most usual place of abode; and

(ii) a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to the person for his costs or expenses to attend before the magistrate,

the magistrate may issue a warrant in accordance with Form 2 to have the person-

(A) apprehended and informed, at the time of apprehension, of the reason therefor;

(B) brought, as soon as practicable, before the magistrate-

(I) to give evidence, answer questions and produce to the magistrate such things in the person's possession or control as are referred to in the summons; and

(II) to show cause why he should not be punished under subsection (2) for the failure to attend; and

(2) A person brought before a magistrate pursuant to a warrant under subsection (1) who fails to satisfy the magistrate that he had a reasonable excuse for the failure to attend as required by the summons commits an offence and the magistrate may impose upon the person a fine at level 3 and order the person to be imprisoned for 3 months.