Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 5A

Appointment of deputy magistrates

(Past version on 05/07/1999).

Due to technical constraints, sections 5AA and 5AB of this Ordinance are
placed after section 5A in the BLIS system. The correct sequence of the
sections should be "5AA, 5AB, 5A".

(1) The Chief Justice may by warrant appoint any person who is eligible under
section 5AA to be appointed as a permanent magistrate or under section 5AB to
be appointed as a special magistrate to be a deputy  magistrate for such
period and on such terms as he thinks fit. Such appointment shall be notified
in the Gazette. (Amended 10 of 2005 s. 143)

(2) Subject to the terms of appointment, a deputy magistrate shall, during the
period for which he is appointed, have all the jurisdiction, powers and
privileges, and perform all the duties of a permanent magistrate and any
reference in any law to a magistrate shall be construed accordingly.

(3) Every appointment made in accordance with this section may be terminated
by the Chief Justice at any time.

(4) Where the hearing of any proceedings before a deputy magistrate is
adjourned or where judgment is reserved therein or where the determination of
any matter is subject to review, the deputy magistrate shall have power to
resume the hearing and determine the proceedings or to deliver as the judgment
of the magistrate's court the judgment which he has reserved or to review the
determination which he has made, notwithstanding that before the hearing is
resumed or judgment is delivered or the review is disposed of, his appointment
has expired or has been terminated.

(5) For the purposes of subsection (4), the power of a deputy  magistrate to
determine the proceedings in a resumed hearing includes the power of awarding
costs and the making of any order ancillary to or consequential upon the award
of costs. (Added 21 of 1999 s. 13)