Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 8A

Notice to appear before a magistrate in respect of certain offences

(1) Notwithstanding section 8, if a public officer specified in the first
column of the Fourth Schedule reasonably suspects that a person has committed
any offence specified opposite thereto in the second column of that Schedule,
the public officer may serve on that person personally a notice requiring him
to appear at a time, being not earlier than 3 clear days after the notice has
been served on him and place specified in the notice before a magistrate to be
dealt with according to law. (See Forms 1A , 1B)

(2) A notice under subsection (1)-

   (a)  shall be in the prescribed form;

   (b)  shall be signed by the public officer by whom it is served; and

   (c)  shall state-

        (i)    the name and address of the person upon whom the notice is
               served;

        (ii)   the offence which is alleged to have been committed with
               sufficient particulars thereof;

        (iii)  the time and place at which the offence is alleged to have been
               committed; and

        (iv)   the time and place at which the person on whom the notice is
               served is required to appear.

(3) If a person upon whom a notice under subsection (1) has been served fails
to appear before a magistrate at the time and place mentioned in the notice,
and it is made to appear to the magistrate by oath that the notice was served
on that person personally, the magistrate may issue his warrant for the
apprehension of that person and to bring that person before him or another
magistrate to be dealt with according to law. (See Form 2A)

(4) If a person upon whom a notice under subsection (1) has been served
appears before a magistrate in accordance with the notice, or is brought
before a magistrate by a warrant issued under subsection (3), the magistrate
may hear and determine the offence alleged in the notice as if a complaint has
been made or an information has been laid against that person in respect of
the offence and for such purposes, the provisions under this Ordinance
relating to hearing of complaint or information and the proceedings thereon
shall apply mutatis mutandis.

(5) If a person upon whom a notice under subsection (1) has been served is
brought before a magistrate by a warrant issued under subsection

(3), the magistrate shall order that person to pay costs of not less than $80
and not more than $1500, whether or not he is convicted of the offence alleged
in the notice: (Amended 18 of 1984 s. 3) Provided that no order shall be made
where the magistrate is satisfied that exceptional circumstances existed which
rendered it inequitable to require compliance with the notice.

(6) Any costs ordered to be paid under subsection (5) shall be recoverable
under section 69(2) in the same manner as costs awarded under section 69(1).

(7) Notwithstanding anything to the contrary in this Ordinance, a magistrate
may permit a representative to appear on behalf of a person upon whom a notice
under subsection (1) has been served where such representative satisfies the
magistrate that he is authorized to enter a plea of guilty and is himself able
to pay any fine imposed. (Added 59 of 1972 s. 2)