Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 40

Summary order

(1) Where a power is given by any future enactment to a magistrate of
requiring any person to do or to abstain from doing any act or thing, other
than the payment of money, or of requiring any act or thing to be done or left
undone, other than the payment of money, and no mode is prescribed of
enforcing such requisition, a magistrate may exercise such power by an order
and may annex thereto any conditions as to time or mode of action which he may
think just, and may suspend or rescind any such order on such undertaking
being given or condition being performed as he may think just, and generally
may make such arrangements for carrying into effect such power as to him may
seem meet.

(2) A person making default in complying with any such order shall be punished
in the prescribed manner, or, if no punishment is prescribed, may be ordered
to pay a sum of $25 for every day during which he is in default, or to be
imprisoned until he has remedied his default: (See Form 68) Provided that a
person shall not, for non-compliance with the requisition of a magistrate,
whether made by one or more orders, to do or to abstain from doing any act or
thing, be liable under this section to imprisonment for any term or terms
amounting in the aggregate to more than 3 months or to payment of any sums
exceeding in the aggregate $1000. (Amended 24 of 1949 s. 13; 30 of 1958
Schedule) [cf. 1879 c. 49 s. 34 U.K.]