Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 21

Provisions as to witnesses

General

(1) If it is made to appear to a magistrate, by any credible person, that any
person within Hong Kong is likely to give material evidence on behalf of the
complainant or informant or defendant, the magistrate shall issue his summons
to such person, under his hand and seal, requiring him to be and appear at-

   (a)  such time and place as specified in the summons; and

   (b)  such time and place as may be directed in such manner as is specified
        in the summons, before a magistrate to testify what he knows
        concerning the matter of the complaint or information. (Amended 44 of
        1962 s. 2; 59 of 1994 ss. 4 & 6)

(2) If any person so summoned refuses or neglects to appear as required by the
summons and no just excuse is offered for such refusal or neglect, then after
proof upon oath that the summons was served on such person, either personally
or by leaving the same for him with some person at his last or most usual
place of abode, and that a reasonable sum

(where, in the opinion of the magistrate, necessary) was paid or tendered to
him for his costs or expenses in that behalf, it shall be lawful for the
magistrate before whom such person should have appeared to issue a warrant,
under his hand and seal, to bring and have such person at a time and place to
be therein mentioned before a magistrate- (See Form 15)

   (a)  to testify as aforesaid, unless the complaint or information as been
        dismissed; and

   (b)  to show cause why he should not be punished under subsection

(5) for his refusal or neglect so to appear. (Amended 6 of 1968 s. 2; 59 of
1994 s. 4)

(3) If the magistrate is satisfied, by evidence upon oath, that it is probable
that such person will not attend to give evidence without being compelled to
do so, then, instead of issuing a summons, it shall be lawful for him to issue
his warrant in the first instance. (See Form 16)

(4) If any person having come before a magistrate whether voluntarily or in
obedience to a summons or having been brought before him by warrant or
otherwise shall refuse to be sworn or having been sworn shall without just
excuse refuse to answer such questions as shall be put to him concerning the
premises, the magistrate may, by warrant under his hand and seal, order him to
be imprisoned for 12 months unless he in the meantime shall consent to be
sworn and to answer concerning the premises, or he may impose upon such person
a fine not exceeding $5000. (See Form 17) (Amended 30 of 1958 Schedule; 6 of
1968 s. 2; 51 of 1981 s. 3; 59 of 1981 s. 2)

(5) The magistrate before whom a person is brought pursuant to a warrant under
subsection (2) may, unless such person satisfies the magistrate that he had
reasonable cause for his refusal or neglect to appear as required by the
summons, impose upon such person a fine not exceeding $5000 and order him to
be imprisoned for a period not exceeding 12 months. (Added 6 of 1968 s. 2.
Amended 51 of 1981 s. 3; 59 of 1981 s. 2; 59 of 1994 s. 4) [cf. 1848 c. 43 s.
7 U.K.]