Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 19

Proceedings at hearing

(1) Where the defendant is present at the hearing, the substance of the
complaint or the information (or the summons which has been issued under
section 8 pursuant to such complaint or information) shall be read over to
him, and explained if necessary, and he shall be asked whether he admits or
denies the truth of the complaint or information. If the defendant admits the
truth of the complaint or information, his admission shall be recorded as
nearly as possible in the words used by him, and the magistrate shall convict
him or make an order against him accordingly; but if he does not admit the
truth of the complaint or information as aforesaid, then the magistrate shall
proceed to hear upon oath the complainant or informant and such witnesses as
may be produced in support of the complaint or information, and also to hear
the defendant and such evidence as may be adduced in defence; and also to hear
and examine such other witnesses as the complainant or informant may examine
in rebuttal, if the defendant or his counsel has examined any witnesses or
given any evidence other than as to the defendant's general character.
(Amended 48 of 1949 s. 5; 49 of 1965 s. 6; 59 of 1994 s. 3)

(2) The magistrate, having heard what each party has to say and the witnesses
and evidence so adduced, shall consider the whole matter and determine the
same, and shall convict or make an order against the defendant or dismiss the
complaint or information, as the case may be. (See Form 32)

(3) If the magistrate convicts a defendant or makes an order against him, he
shall thereupon make a minute or memorandum of such adjudication (for which no
fee shall be paid), and he shall cause the same to be lodged with the
magistrates' clerk, who shall register the same as hereinafter provided.
(Replaced 2 of 1955 s. 2)

(4) If the magistrate dismisses the complaint or information, it shall be
lawful for him, if he thinks fit, on being required to do so, to make an order
of dismissal of the complaint or information, and he shall give the defendant
in that behalf a certificate thereof, which said certificate shall be a bar to
any subsequent complaint or information for the same matters respectively
against the same party. (See Form 47)