Chapter Number and Title of Enactment
|
Chapter: | 227 | Title: | MAGISTRATES ORDINANCE |  | |
: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.
| Cap 227 | Long title | |
| Cap 227 s 1 | Short title | |
| Cap 227 s 2 | Interpretation | |
| Cap 227 s 3 | Saving of special procedure | |
| Cap 227 s 4 | Use of forms | |
| Cap 227 Part I | CONSTITUTION OF MAGISTRATES | |
| Cap 227 s 5 | Chief Executive may by warrant appoint permanent and special magistrates | |
| Cap 227 s 5AA | Professional qualifications of permanent magistrates | |
| Cap 227 s 5AB | Professional qualifications of special magistrates | |
| Cap 227 s 5A | Appointment of deputy magistrates | |
| Cap 227 s 6 | (Repealed 13 of 1995 s. 31) | |
| Cap 227 s 7 | (Repealed 47 of 1997 s. 10) | |
| Cap 227 s 7A | (Repealed 13 of 1995 s. 36) | |
| Cap 227 s 7B | (Repealed 13 of 1995 s. 36) | |
| Cap 227 s 7C | (Repealed 13 of 1995 s. 36) | |
| Cap 227 Part II | PROCEDURE IN RESPECT OF SUMMARY OFFENCES | |
| Cap 227 s 7D | Notice of prosecution | |
| Cap 227 s 7E | Procedure where hearing required | |
| Cap 227 s 7F | Procedure where no hearing required | |
| Cap 227 s 7G | Procedure after determination | |
| Cap 227 s 7H | Review | |
| Cap 227 s 7I | Section 26 not to apply on review | |
| Cap 227 s 7J | Withdrawal of notice of prosecution | |
| Cap 227 s 8 | Issue of summons to defendant and mode of service thereof | |
| Cap 227 s 8A | Notice to appear before a magistrate in respect of certain offences | |
| Cap 227 s 9 | Issue of warrant in first instance or subsequently | |
| Cap 227 s 10 | Manner of making complaint or laying information | |
| Cap 227 s 11 | Place and manner of hearing | |
| Cap 227 s 12 | Prosecution of offences to be under control of Secretary for Justice | |
| Cap 227 s 13 | Appointment of official prosecutors by Secretary for Justice* | |
| Cap 227 s 14 | Private prosecution and intervention by the Secretary for Justice | |
| Cap 227 s 15 | Secretary for Justice may withdraw case by entering nolle prosequi* | |
| Cap 227 s 16 | Rights of parties to conduct case personally or by counsel | |
| Cap 227 s 17 | (Repealed 25 of 2008 s. 6) | |
| Cap 227 s 18 | Appearance by counsel | |
| Cap 227 s 18A | Non-appearance of defendant | |
| Cap 227 s 18B | Non-appearance of informant or complainant | |
| Cap 227 s 18C | Non-appearance of either party | |
| Cap 227 s 18D | Appearance of both parties | |
| Cap 227 s 18E | Plea of guilty by letter | |
| Cap 227 s 19 | Proceedings at hearing | |
| Cap 227 s 19A | Plea by a corporation before a magistrate | |
| Cap 227 s 20 | Adjournment of hearing and procedure thereon | |
| Cap 227 s 21 | Provisions as to witnesses | |
| Cap 227 s 22 | Power to order production of documents | |
| Cap 227 s 23 | Variance between information and evidence | |
| Cap 227 s 24 | Description of property of partners in complaint or information | |
| Cap 227 s 25 | Complaint for order to pay money need not be in writing | |
| Cap 227 s 26 | Limit of time for complaint or information | |
| Cap 227 s 26A | Limitation of time in respect of certain summary offences concerning aviation | |
| Cap 227 s 27 | Defects in and amendment of complaint, information or summons | |
| Cap 227 s 28 | Form of conviction and order | |
| Cap 227 s 29 | Proof of previous convictions | |
| Cap 227 s 30 | (Repealed 47 of 1997 s. 10) | |
| Cap 227 s 31 | Form and execution of warrant, etc. | |
| Cap 227 s 32 | Non-avoidance of summons or warrant by death of magistrate | |
| Cap 227 s 33 | Description of offences, exceptions, exemptions, etc. warrants, forfeiture, etc. | |
| Cap 227 s 34 | Minute of proceedings | |
| Cap 227 s 35 | Register of cases and proof thereof | |
| Cap 227 s 35A | Inspection etc. of minute and register | |
| Cap 227 s 36 | Power to permit conditional release of offenders | |
| Cap 227 s 37 | Reduction of imprisonment on part payment of fine | |
| Cap 227 s 38 | Application of money found on defaulter to satisfy sum adjudged | |
| Cap 227 s 39 | Recognizance may be dispensed with | |
| Cap 227 s 40 | Summary order | |
| Cap 227 s 41 | Provision as to mode of payment of sum adjudged to be paid | |
| Cap 227 s 42 | Return by magistrate's order of property taken from defendant | |
| Cap 227 s 43 | (Repealed 5 of 1971 s. 13) | |
| Cap 227 s 44 | Rule as to cumulative sentences for assault | |
| Cap 227 s 45 | (Repealed 21 of 1970 Second Schedule) | |
| Cap 227 s 46 | (Repealed 21 of 1970 Second Schedule) | |
| Cap 227 s 47 | Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property | |
| Cap 227 s 48 | Restoration of property unlawfully pledged, etc. | |
| Cap 227 s 49 | (Repealed 70 of 1967 s. 7) | |
| Cap 227 s 50 | Penalty on common informer for compounding without permission of magistrate | |
| Cap 227 s 51 | Warrant of distress | |
| Cap 227 s 52 | Allowing defendant to go at large until return made to warrant, etc. | |
| Cap 227 s 53 | Commitment in default of sufficient distress | |
| Cap 227 s 54 | Commitment of defendant where no remedy or punishment in default of sufficient distress | |
| Cap 227 s 55 | Commitment of defendant in first instance | |
| Cap 227 s 56 | Commitment for disobedience of order to do some act, etc., not being payment of money | |
| Cap 227 s 57 | Consecutive or partly consecutive sentences of imprisonment | |
| Cap 227 s 58 | On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged | |
| Cap 227 s 59 | Provisions as to warrants of distress | |
| Cap 227 s 60 | Special provisions as to warrant of commitment for non-payment of money and as to warrant of distress | |
| Cap 227 s 61 | Exercise on complaint of power to bind over to keep the peace | |
| Cap 227 s 62 | Power to reduce or vary security | |
| Cap 227 s 63 | Recognizance taken out of court | |
| Cap 227 s 64 | Mode of giving security and enforcement thereof | |
| Cap 227 s 65 | Enforcing recognizance for appearance | |
| Cap 227 s 66 | (Repealed 35 of 1969 Schedule) | |
| Cap 227 s 67 | Enforcing civil debt | |
| Cap 227 s 68 | Scale of imprisonment for non-payment of money, etc. | |
| Cap 227 s 69 | (Repealed 39 of 1996 s. 24) | |
| Cap 227 s 70 | (Repealed 39 of 1996 s. 24) | |
| Cap 227 s 71 | (Repealed 13 of 1995 s. 58) | |
| Cap 227 Part III | INDICTABLE OFFENCES | |
| Cap 227 s 71A | Interpretation | |
| Cap 227 s 72 | Procedure on information being laid | |
| Cap 227 s 73 | Warrant to apprehend for offence committed on high seas, etc. | |
| Cap 227 s 74 | Warrant to apprehend where indictment is filed by Secretary for Justice pursuant to direction or with consent of a judge | |
| Cap 227 s 75 | Complaint or information to be in writing and defects therein | |
| Cap 227 s 76 | Service of summonses | |
| Cap 227 s 77 | Forms, etc., of warrants | |
| Cap 227 s 78 | Summons or warrant for witness, etc. | |
| Cap 227 s 79 | Power to remand accused | |
| Cap 227 s 80 | Place where examination taken not an open court | |
| Cap 227 s 80A | Appointment of return day | |
| Cap 227 s 80B | Service of documents on accused | |
| Cap 227 s 80C | Procedure on return day | |
| Cap 227 s 81 | Taking of evidence at hearing | |
| Cap 227 s 81A | Admission of statements and exhibits in committal proceedings | |
| Cap 227 s 81B | Committal for sentence on a plea of guilty | |
| Cap 227 s 82 | Provisions as to taking of depositions, and caution to and statement of accused on proceedings before examining justices | |
| Cap 227 s 83 | Evidence of accused and defence witnesses | |
| Cap 227 s 84 | Order by committing magistrate for attendance at trial of witnesses | |
| Cap 227 s 85 | Discharge or committal of accused | |
| Cap 227 s 85A | Procedure following committal | |
| Cap 227 s 86 | Depositions and exhibits after committal | |
| Cap 227 s 87 | Procedure on charge of indictable offence against corporation | |
| Cap 227 s 87A | Restrictions on reports of committal proceedings | |
| Cap 227 s 87B | Notice of result of committal proceedings | |
| Cap 227 s 87C | Application to transferred proceedings | |
| Cap 227 s 87D | Discharge of the accused where committal proceedings are not instituted | |
| Cap 227 Part IV | TRANSFER OF OFFENCES TO THE DISTRICT COURT* | |
| Cap 227 s 88 | Transfer of certain indictable offences | |
| Cap 227 s 89 | Effect of order of transfer | |
| Cap 227 s 90 | Procedure on making an order of transfer | |
| Cap 227 Part V | SUMMARY TRIAL OF INDICTABLE OFFENCES | |
| Cap 227 s 91 | Indictable offences which may be dealt with by special magistrate summarily | |
| Cap 227 s 92 | Indictable offences which may be dealt with by permanent magistrate summarily | |
| Cap 227 s 92A | Summary disposal of transferred cases | |
| Cap 227 s 93 | Procedure as to indictable offences triable summarily | |
| Cap 227 s 93A | Procedure as to transferred proceedings | |
| Cap 227 s 93B | Discharge of accused where charge sheet is not delivered | |
| Cap 227 s 94 | Special powers for summary trial of certain indictable offences | |
| Cap 227 s 94A | Consent of prosecutor to be obtained | |
| Cap 227 Part VI | SPECIAL POWERS | |
| Cap 227 s 95 | (Repealed 13 of 1970 s. 6) | |
| Cap 227 s 96 | Supplementary powers over persons under 16 | |
| Cap 227 s 97 | General power to fine | |
| Cap 227 s 98 | Power to award compensation | |
| Cap 227 s 99 | Power to sentence person using insulting language to or concerning magistrate | |
| Cap 227 s 100 | Power to award compensation for malicious prosecution | |
| Cap 227 s 101 | Imprisonment for non-payment of a pecuniary penalty or amends awarded for an offence under the Ordinance or any other enactment | |
| Cap 227 s 101A | Issue of summons or warrant for non-payment of fine | |
| Cap 227 s 102 | Provisions relating to bail | |
| Cap 227 s 103 | Warrant of deliverance where accused is in prison when bail granted | |
| Cap 227 s 104 | Review of decision by magistrate | |
| Cap 227 s 104A | Evidence in absence of accused in proceedings for his return to Hong Kong | |
| Cap 227 Part VII | APPEALS | |
| Cap 227 s 105 | Application to state case on point of law | |
| Cap 227 s 106 | Transmission of case to Registrar and notice to respondent | |
| Cap 227 s 107 | Amendment of case by magistrate | |
| Cap 227 s 108 | Setting down case for argument | |
| Cap 227 s 109 | Judge may send case back for amendment | |
| Cap 227 s 110 | Giving of security by appellant and fees for appeals under section 105 | |
| Cap 227 s 111 | Refusal to state or amend a case | |
| Cap 227 s 112 | Compelling magistrate to state or amend a case | |
| Cap 227 s 113 | Right of appeal from magistrate in any matter | |
| Cap 227 s 113A | Review by a judge | |
| Cap 227 s 114 | Procedure for appeals under section 113 prior to entry of appeal | |
| Cap 227 s 114A | Extension of time for giving notice of appeal under section 114 | |
| Cap 227 s 115 | Service and notice | |
| Cap 227 s 116 | Provision as to entry of appeal | |
| Cap 227 s 117 | Abandonment of appeal | |
| Cap 227 s 118 | Procedure on hearing appeal | |
| Cap 227 s 119 | Release from custody by a magistrate and powers of the judge on appeal | |
| Cap 227 s 120 | Provisions as to costs | |
| Cap 227 s 121 | Provisions as to forfeited recognizances | |
| Cap 227 s 122 | Treatment of appellants pending appeal or re-hearing | |
| Cap 227 s 123 | Right of Secretary for Justice to substitute himself as a party in appeals in certain cases | |
| Cap 227 s 124 | Provisions for costs in cases where the Secretary for Justice has intervened | |
| Cap 227 Part VIII | PROTECTION OF MAGISTRATES | |
| Cap 227 s 125 | Action against magistrate for act within his jurisdiction | |
| Cap 227 s 126 | Action for act done without or in excess of jurisdiction | |
| Cap 227 s 127 | Action to be against convicting magistrate | |
| Cap 227 s 128 | Compelling magistrate to do act and immunity for doing it | |
| Cap 227 s 129 | After appeal no action for anything done under warrant upon it | |
| Cap 227 s 130 | Setting aside of action prohibited by the Ordinance | |
| Cap 227 s 131 | Provisions as to limitation of actions, costs, tender, payment and notice | |
| Cap 227 s 132 | Amount of damages in certain cases | |
| Cap 227 Part IX | MISCELLANEOUS | |
| Cap 227 s 133 | Rules | |
| Cap 227 s 134 | Regulations as to costs and fees | |
| Cap 227 s 135 | Amendment of First Schedule and Fourth Schedule | |
| Cap 227 Sched 1 | (Repealed 59 of 1994 s. 5) | |
| Cap 227 Sched 2 | ||
| Cap 227 Sched 3 | OFFENCES TO WHICH DEFENDANT MAY PLEAD GUILTY BY LETTER | |
| Cap 227 Sched 4 | ||
| Cap 227 Sched 5 | REFERENCES TO A JUDGE |
Note: Please download Adobe Acrobat Reader
for viewing files in PDF format.