Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 65

Enforcing recognizance for appearance

(1) Where a recognizance is conditioned for the appearance of a person before
a magistrate or for his doing some other matter or thing to be done before or
by order of a magistrate or in a proceeding before a magistrate, such
magistrate, if the recognizance appears to him to be forfeited, may declare
the recognizance to be forfeited and enforce payment of the sum due under it
in the same manner as if the sum were a fine adjudged by a magistrate to be
paid and the amount of the same were ascertained by a conviction: (See Forms
6-9, 38, 43, 54) Provided that, at any time before the sale of goods under a
warrant of distress for the said sum, a magistrate may cancel or mitigate the
forfeiture on the person liable applying and giving security, to the
satisfaction of the magistrate, for the future performance of the condition of
the recognizance, and paying or giving security for payment of the costs
incurred in respect of the forfeiture, or on such other conditions as the
magistrate may think just. (See Form 39)

(2) Where a recognizance conditioned to keep the peace, or to be of good
behaviour, or not to do or commit some act or thing has been entered into by
any person as principal or surety before a magistrate, any magistrate, on
proof of the conviction of the person bound as principal by the recognizance
of any offence which is in law a breach of the condition of the same, may by
conviction adjudge the recognizance to be forfeited, and adjudge the persons
bound thereby, whether as principal or sureties, or any of such persons, to
pay the sums for which they are respectively bound. (See Forms 35-38)

(3) All sums paid in respect of a recognizance declared or adjudged by a
magistrate in pursuance of this section to be forfeited shall be paid to the
magistrates' clerk, and shall be paid and applied by him in such manner as the
Director of Accounting Services may direct. (See Form 55) (Amended L.N. 16 of
1977) [cf. 1879 c. 49 s. 9 U.K.]