Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 8

Issue of summons to defendant and mode of service thereof

(1) In every case where a complaint is made to or an information laid before a
magistrate or an officer of a magistrate's court who is authorized in writing
for that purpose by a magistrate, being a complaint or information in respect
of which a magistrate has power to convict summarily or to make an order for
the payment of money or otherwise, it shall be lawful, subject to this Part,
for a summons to be issued by a magistrate or an officer of a magistrate's
court who is authorized under this subsection. (See Form 1) (Replaced 18 of
1981 s. 2. Amended 12 of 1992 s. 2)

(1A) Every such summons shall be issued to the person against whom the
complaint has been made or information laid, stating the matter of the
complaint or information and requiring him to appear at a certain time and
place before a magistrate to answer to the complaint or information and to be
further dealt with according to law. (Added 18 of 1981 s. 2. Amended 59 of
1994 s. 2)

(1B) (a) (Repealed 12 of 1992 s. 2)

   (b)  A summons may be issued without consideration of the complaint or
        information by the magistrate or an officer of a magistrate's court
        who is authorized under subsection (1), but, if a magistrate does
        consider the complaint or information, he may for good cause refuse to
        issue a summons. (Added 18 of 1981 s. 2. Amended 12 of 1992 s. 2)

(1C) (Repealed 12 of 1992 s. 2)

(1D) Every such summons shall be in the prescribed form. (Replaced 12 of 1992
s. 2)

(2) (a) Every such summons shall be served-

        (i)    by hand; or

        (ii)   by post.

   (b)  Where a summons is served by post and the person to whom it is
        directed does not appear at the time and place specified in the
        summons for the appearance of that person, such service shall be
        deemed to have never been effected, and the summons shall thereafter
        be served by hand.

   (c)  Where a summons is served by hand, the police officer, the usher or
        other officer of a magistrate's court, or officer of the Independent
        Commission Against Corruption who served the summons shall, save as
        provided in subsection (3), attend before a magistrate at any time and
        place specified by a magistrate to depose, if necessary, to its
        service. (Amended 48 of 1996 s. 24)

   (d)  Nothing in this subsection shall oblige a magistrate or an officer of
        a magistrate's court who is authorized under subsection (1) to issue a
        summons in any case where the defendant appears voluntarily or upon
        his recognizance or is in the custody of the police or charged on the
        charge sheet in which case it shall be lawful for a magistrate to hear
        and determine the case in all respects as if the defendant had
        appeared in answer to a summons.

   (e)  In this subsection-

"served by hand" (由專人送達) means served by a police officer, usher or
other officer of a magistrate's court, or officer of the Independent
Commission Against Corruption on the person to whom the summons is directed-
(Amended 48 of 1996 s. 24)

   (a)  by delivering the summons to that person personally; or

   (b)  by leaving it with a third person for that person at that person's
        last or most usual place of abode;

"served by post" (以郵遞方式送達) means sent by an usher or other
officer of a magistrate's court by ordinary post to the residential or
business address of the person to whom it is directed. (Replaced 59 of 1994 s.
2)

(3) A statutory declaration by a police officer, usher or other officer
stating that he delivered a summons to the person to whom it is directed
personally or that he left it with a third person for that person at that
person's last or most usual place of abode, shall on its production be
admissible in evidence without further proof, and until the contrary is proved
the magistrate before whom it is produced shall presume- (Amended 59 of 1994
s. 2; 14 of 1997 s. 9)

   (a)  that the facts stated therein are true; and

   (b)  that the summons was duly served in accordance with subsection

(2)(a)(i). (Added 36 of 1976 s. 2)

(4) Notwithstanding subsection (3) a magistrate may require the police
officer, usher or other officer who served a summons to attend before him and
give evidence on oath as to its service. (Added 36 of 1976 s. 2. Amended 59 of
1994 s. 2)

(5) Subject to subsection (6), at any time before the person to whom a summons
is directed has appeared to answer the complaint or information, a magistrate
may, where practicable upon first hearing the complainant or informant, cancel
the summons by writing under his hand which shall be served in the manner
provided for the service of a summons by hand in subsection (2). (Added 18 of
1981 s. 2. Amended 59 of 1994 s. 2)

(6) Where a summons has been cancelled under subsection (5) a magistrate may,
within 2 months of the date of such cancellation, order that the complainant
or informant shall pay to the defendant such costs, not exceeding $5000, as he
may think fit. (Added 18 of 1981 s. 2) [cf. 1848 c. 43 s. 1 U.K.]

"served by hand" (由專人送達)

"served by post" (以郵遞方式送達)