Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 59 of 1999 s. 3 PRELIMINARY

In this Ordinance, unless the context otherwise requires-

"appellant" (上訴人) means the party appealing under Part VII from a
decision of a magistrate;

"civil debt" (民事債項) means any sum of money claimed to be due which is
recoverable before a magistrate otherwise than on information; (Replaced 35 of
1969 Schedule)

"counsel" (代表律師) means any barrister, advocate or solicitor having the
right of audience before any court in Hong Kong; (Amended 59 of 1994 s. 6)

"deputy magistrate" (暫委裁判官) means a deputy magistrate appointed
under section 5A; (Added 21 of 1999 s. 12)

"District Court" (區域法院) means the District Court of Hong Kong
established by the District Court Ordinance ( Cap 336); (Added 2 of 1953 s. 2.
Amended 25 of 1998 s. 2)

"fine" (罰款) includes any pecuniary penalty or pecuniary forfeiture or
pecuniary compensation payable under a conviction or order;

"indictable offence" (可公訴罪行) means any crime or offence for which a
magistrate is authorized or empowered or required to commit the accused person
to prison for trial before the court;

"indictment" (公訴) includes an information in the court;

"information" (告發) includes a charge; (Added 49 of 1965 s. 2)

"legal officer" (律政人員) has the same meaning as it has in section 2 of
the Legal Officers Ordinance ( Cap 87); (Added 13 of 1966 Schedule)

"magistrate" (裁判官) includes a permanent magistrate and a special
magistrate; (Replaced 24 of 1949 s. 2)

"magistrates' clerk" (裁判官書記) includes (where there is more than one)
either or any of such clerks or such other person as a magistrate directs to
do anything required by this Ordinance to be done by the magistrates' clerk;
[cf. 1879 c. 49 s. 48 U.K.]

"party" (一方) includes the HKSAR and also any person aggrieved within the
meaning of section 105 or 113; (Amended 25 of 1998 s. 2; 59 of 1999 s. 3)

"prescribed" (訂明) means prescribed or provided by any enactment which
relates to any offences, penalties, fines, costs, sums of money, orders,
proceedings or matters to the punishment, recovery, making or conduct of which
this Ordinance expressly or impliedly applies or may be applied; [cf. 1879 c.
49 s. 49 U.K.]

"prison" (監獄) includes any place or building or portion of a building set
apart, or hereafter to be set apart, for the purpose of a prison under any
Ordinance relating to prisons;

"Registrar" (司法常務官) means the Registrar of the High Court; (Amended
25 of 1998 s. 2)

"respondent" (答辯人) means the opposite party whose interest conflicts
with the interest of any person appealing within the meaning of section 105 or
113;

"sum adjudged to be paid by a conviction"
(根據定罪而判決須繳付的款項) and "sum adjudged to be paid by an
order" (根據命令而判決須繳付的款項), respectively, include any
costs adjudged to be paid by the conviction or order, as the case may be, of
which the amount is ascertained by such conviction or order;

"witness order" (證人令) means an order made under section 84(1). (Added 59
of 1981 s. 2)

"appellant" (上訴人)

"civil debt" (民事債項)

"counsel" (代表律師)

"deputy magistrate" (暫委裁判官)

"District Court" (區域法院)

"fine" (罰款)

"indictable offence" (可公訴罪行)

"indictment" (公訴)

"information" (告發)

"legal officer" (律政人員)

"magistrate" (裁判官)

"magistrates' clerk" (裁判官書記)

"party" (一方)

"prescribed" (訂明)

"prison" (監獄)

"Registrar" (司法常務官)

"respondent" (答辯人)

"sum adjudged to be paid by a conviction"
(根據定罪而判決須繳付的款項) and "sum adjudged to be paid by an
order" (根據命令而判決須繳付的款項)

"witness order" (證人令)