Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 7F

Procedure where no hearing required

(Past version on 30/06/1997).

(1) Where a notice of prosecution is filed and served and the defendant does
not file a written notice under section 7E(1), a magistrate sitting in the
absence of the parties and otherwise than in open and public court, shall
determine the matter as if the defendant has pleaded guilty to the offence
alleged in the notice of prosecution and may order the defendant to pay any
fine or costs permitted by law.

(2) In determining the matter under subsection (1), the magistrate may take
into account the nature of the offence and the particulars alleged in the
notice of prosecution, any previous convictions in the statement accompany in
the notice of prosecution, and any matter submitted by the defendant in
response to the notice of prosecution.

(3) Where a magistrate sitting under subsection (1) considers that a fine may
not be an adequate penalty in the circumstances a summons shall be issued
under section 8 and the prosecution shall proceed as if an information had
been laid under that section by an informant deemed to act on behalf of the
Secretary for Justice. (Amended L.N. 362 of 1997)

(4) Where a prosecution proceeds under subsection (3), the magistrate may,
having heard what each party has to say as to sentence, impose any penalty or
make any other order permitted by law as in a case where a defendant admits
the truth of an information. (Added 18 of 1984 s. 2)