Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 33

Description of offences, exceptions, exemptions, etc. warrants, forfeiture, etc.

The following provisions shall apply to proceeding before magistrates-

   (a)  the provisions of the Indictment Rules ( Cap 221 sub. leg.) which
        relate to the description of an offence in an indictment; (Replaced 36
        of 1976 s. 9)

   (b)  (Repealed 5 of 1971 s. 13)

   (c)  a warrant of commitment shall not be held void by reason of any defect
        therein, if it is alleged that the offender has been convicted or
        ordered to do or to abstain from doing any act or thing required to be
        done or left undone, and there is a good and valid conviction or order
        to sustain the same;

   (d)  a warrant of distress shall not be deemed void by reason only of any
        defect therein, if it is therein alleged that a conviction or order
        has been made, and there is a good and valid conviction or order to
        sustain the same, and a person acting under a warrant of distress
        shall not be deemed a trespasser ab initio by reason only of any
        defect in the warrant or of any irregularity in the execution of the
        warrant; but this enactment shall not prejudice the right of any
        person to satisfaction for any special damage caused by any defect in
        or irregularity in execution of a warrant of distress; and

   (e)  all goods forfeited by order of a magistrate may be sold in such
        manner as the magistrate may direct. [cf. 1879 c. 49 s. 39 U.K.]