Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 27

Defects in and amendment of complaint, information or summons

(1) Where it appears to the adjudicating magistrate that there is-

   (a)  a defect in the substance or form of any complaint, information or
        summons; or

   (b)  a variance between the complaint, information or summons and the
        evidence adduced in support of it, he shall, subject to subsection
        (2)-

        (i)    amend the complaint, information or summons if he is satisfied
               that no injustice would be caused by that amendment; or

        (ii)   dismiss the complaint, information or summons.

(2) The adjudicating magistrate shall amend the complaint, information or
summons where-

   (a)  the defect or variance mentioned in subsection (1) is not material; or

   (b)  any injustice which might otherwise be caused by an amendment would be
        cured by an order as to costs, an adjournment or leave to recall and
        further examine witnesses or call other witnesses.

(3) Following an amendment to a complaint, information or summons, the
adjudicating magistrate shall-

   (a)  read and explain the amended complaint, information or summons to the
        defendant;

   (b)  give leave to the parties to call or recall and further examine such
        witnesses as may be reasonably required by a party having regard to
        the nature of the amendment;

   (c)  grant such adjournment as may be reasonably necessary to enable the
        parties to call or recall witnesses and to prepare their cases;

   (d)  if he thinks fit, make an order that the complainant or informant
        shall pay to the defendant such costs, not exceeding $5000, as may be
        occasioned by the amendment; and

   (e)  give judgment upon the substantial merits and facts of the case as
        proved before him, having regard to the offence charged in the
        complaint, information or summons as amended: Provided that, if the
        amendment is made after the case for the complainant or informant is
        closed, no further evidence may be called by the complainant or
        informant other than evidence that would, apart from this section, be
        admissible in rebuttal.

(4) In this section, "amend" (修訂) includes the substitution of another
offence in place of that alleged in the complaint, information or summons.
(Replaced 5 of 1987 s. 2)

"amend" (修訂)