Hong Kong Regulations
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Previous]
[Next]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
MAGISTRATES (FORMS) RULES - SCHEDULE
SCHEDULE
(Past version on 01/01/2000).
(Past version on 11/06/1999).
(Past version on 01/07/1997).
(Past version on 30/06/1997).
PART I
FORMS FOR SUMMARY OFFENCES
Summons to the defendant upon an information or complaint
Case No.:
SUMMONS TO DEFENDANT
IN THE MAGISTRATE'S COURT IN HONG KONG
To: (Name and address of the defendant)
[Information has been laid] or [Complaint has been made] THAT YOU
(here state the particulars of the alleged offence)
THIS SUMMONS THEREFORE REQUIRES YOU TO APPEAR on (date) at (time) in Court No. , Magistracy before the magistrate presiding there to answer to the information] or [complaint] and to be further dealt with according to law.
This summons is issued under the Magistrates Ordinance (Cap 227) by a magistrate or an officer of a magistrate's court who is authorized under section 8(1) of that Ordinance.
(Date of the Summons)(59 of 1994 s. 7; L.N. 355 of 1997)
FORM 1A | [section 8A & Fourth Schedule] |
MAGISTRATES ORDINANCE
(Chapter 227)
Notice to appear before a Magistrate
IN THE MAGISTRATE'S COURT AT ...........................................................................
To:
Full Name: ...................................................
Address: ...................................................
...................................................
...................................................
Sex and Age: *Male/Female .......... (age) .........
**Hong Kong Identity Card No. ................................................... ................................................... |
1. I, ......................................................................................................... (full name), ......................................................................................................................... (office/rank), a public officer specified in the Fourth Schedule to the Magistrates Ordinance (Cap 227), suspect that you have committed an offence specified in that Schedule as follows-
Particulars of alleged offence ..................................................
..................................................
Date and time of alleged offence .................../........../19 ....... (date)
......................... * a.m./p.m. (time)
Place of alleged offence ..................................................
*Country Park/Special Area ..................................................
(if applicable) .................................................. |
contrary to-
*(a) Part III of the Public Health and Municipal Services Ordinance (Cap 132) section .........................;
*(b) the Public Cleansing and Prevention of Nuisances Regulation (Cap 132 sub. leg.) section .............................;
*(c) (Repealed 78 of 1999 s. 7)
*(d) the Country Parks and Special Areas Regulations (Cap 208 sub. leg.) regulation .............................;
*(e) the Summary Offences Ordinance (Cap 228) section 4D(1), |
and, in accordance with section 8A of the Magistrates Ordinance (Cap 227), serve on you this notice requiring you to appear before a magistrate to be dealt with according to law at the following time and place-
Date and time of hearing ................................. / ............... / 19 ........... (date)
........................... a.m./p.m. (time)
Place of hearing Court No. ....................................
................................... Magistracy
*Hong Kong/Kowloon/ ................. |
2. WARNING: If you fail to appear at the time and place of hearing mentioned in paragraph 1-(a) the magistrate may issue a warrant for your arrest; and
(b) you will be ordered to pay the costs specified in section 8A(5) of the Magistrates Ordinance (Cap 227) whether or not you are convicted of the alleged offence.
Signature of
Public Officer: ..................................
Date: ...............................................
* Delete as necessary.
** Where no Hong Kong Identity Card is held a passport or other travel document number may be inserted.(L.N. 201 of 1987; L.N. 158 of 1995; 78 of 1999 s. 7)
FORM 1B
(Repealed L.N. 201 of 1987)
FORM 2 | [sections 18A, 20 & 72] |
Warrant when summons is disobeyed
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
On the day of 19 , information was laid (or complaint was made) before a magistrate of Hong Kong, that [as in the summons]; and a summons was then issued by the said magistrate to the said [name of defendant] commanding him to be and appear on day, the day of 19 , at o'clock in the noon, at the said court, before such magistrate as might then be there, to answer to the said information (or complaint) and to be further dealt with according to law; and the said [name of defendant] having not appeared at the time and place so appointed in and by the said summons, although it has been proved to me upon oath (or declaration) that the said summons has been duly served on the said [name of defendant]:
These are, therefore, to command you forthwith to apprehend the said [name of defendant] and to bring him before me or such magistrate as may then be sitting to answer to the said information (or complaint) and to be further dealt with according to law.
Dated this day of 19 .
................................................
Magistrate.
[L.S.](59 of 1994 s. 8; L.N. 355 of 1997)
Warrant where notice to appear is disobeyed
IN THE MAGISTRATE'S COURT AT..................................................................................
To each and all of the police officers of Hong Kong.
On the ........................ day of .................................................................... 19 ......... at ............ *a.m./p.m. a notice to appear before a magistrate was issued by a public officer specified in the Fourth Schedule to the Magistrates Ordinance (Cap 227), to (a) ........................ ............................................................................................................................................ of (b) ..................................................................................................... requiring him to be and appear on the ................................................................................. day of ...................... ..............................19 ........ at .................................... *a.m./p.m. at the Magistrate's Court at ............................................ *Hong Kong/Kowloon/New Territories before such magistrate as might then be there to be dealt with according to law; and the said (a) ....................................... ............................................................................................................................................. having not appeared at the time and place so specified in the notice, although it has been proved upon oath that the notice has been served on him personally:
These are, therefore, to command you forthwith to apprehend the said (a) ................... ......................................................................................................... and to bring him before me or such magistrate as may then be sitting to be dealt with according to law.
Dated this ........... day of .................. 19 .....
................................................
Magistrate.
[L.S.]
-----------------------------------------------------------------------------------------------------------------
* delete whichever is not applicable.
Notes: (a) insert full name of person on whom the notice has been served
(b) insert full address of person on whom the notice has been served.(L.N. 198 of 1972; L.N. 158 of 1995; L.N. 355 of 1997)
Warrant where defendant bound by a recognizance has failed to appear
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
On the day of 19 , information was laid (or complaint was made or [name of defendant] was charged), before a magistrate of Hong Kong, that he [here state shortly the matter of the information, complaint or charge]; and the said [name of defendant] was then bound by a recognizance to be and appear on day, the day of 19 , at o'clock in the noon, at the said court, before me or such magistrate as might then be sitting, to answer to the said information (or complaint or charge) and to be further dealt with according to law; and the said [name of defendant] has not appeared at the time and place so appointed:
These are, therefore, to command you forthwith to apprehend the said [name of defendant] and to bring him before me or such magistrate may then be sitting to answer to the said information (or complaint or charge) and to be further dealt with according to law.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8; L.N. 355 of 1997)
FORM 4 | [sections 9, 72 & 74] |
Warrant in the first instance
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
Information having this day been laid before the undersigned, a magistrate of Hong Kong, for that [here state shortly the matter of the information]; and oath (or declaration) being now made before me substantiating the matter of such information:
These are, therefore, to command you forthwith to apprehend the said [name of defendant] and to bring him before a magistrate of Hong Kong to answer to the said information, and to be further dealt with according to law.
Dated this day of 19 .
................................................
Magistrate.
[L.S.]
-----------------------------------------------------------------------------------------------------------------
NOTE.-When the offence is committed on the high seas (or outside Hong Kong) the warrant should describe the party injured to have been at the time of the offence "within the jurisdiction of the Hong Kong courts".(59 of 1994 s. 8; L.N. 355 of 1997)
Warrant of committal for safe custody during an
adjournment of the hearing
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services.
On the day of 19 , information was laid before the undersigned, a magistrate of Hong Kong for that [here state shortly the matter of the information];
and the hearing of the same having been adjourned to day, the day of 19 , at o'clock in the noon, it is necessary that the said should in the meantime be kept in safe custody:
These are, therefore, to command you, the said police officers, forthwith to convey the said to a prison [or some other place of security], and there to deliver him to the Commissioner of Correctional Services, with this precept; and you, the said Commissioner, to receive the said into your custody in a prison [or some other place of security], and there safely to keep him until
day, the day of 19 ; when you, the said police officer, and hereby required to convey and have him at the time and place to which the said hearing is so adjourned as aforesaid, at o'clock in the noon of the same day, before me or such magistrate as may then be there, to answer further to the said information and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(L.N. 134 of 1967; 59 of 1994 s. 8; L.N. 355 of 1997)
FORM 6 | [sections 8, 20, 23, 31,63, 64 & 65] |
(WITH SURETIES)
Recognizance conditioned for appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
We, the undersigned of of and of , severally acknowledge ourselves to owe to the Government the several sums following, namely, the said as principal the sum of , and the said and as sureties the sum of each, to be levied on our several goods, lands, and tenements if the said fails in the condition hereon endorsed.
Signed (where not taken orally) ..............................................................................................................
.......................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of Police or Inspector of Police or
Commissioner of Correctional
Services as the case may be).
............................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden appears before such magistrate as may then be sitting at the said court on day, the day of 19 , at o'clock in the noon, to answer (further) to the charge made against him by and to be (further) dealt with according to law (or appears before such magistrate as may then be sitting at for sentence when called upon) then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
FORM 7 | [sections 20, 23, 31,63, 64 & 65.] |
(PERSONAL)
Recognizance conditioned for appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned of do hereby acknowledge myself to owe to the Government the sum of to be levied on my goods, lands and tenements if I the said shall fail in the condition hereon endorsed.
Signed (where not taken orally) ...................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of Police or Inspector of Police or
Commissioner of Correctional
Services, as the case may be)
............................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden appears before such magistrate as may then be sitting at the said court on day, the day of 19 , at o'clock in the noon, to answer (further) to the charge made against him by and to be (further) dealt with according to law (or appears before such magistrate as may then be sitting at for sentence when called upon) then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
FORM 8 | [sections 20, 23, 31, 63, 64 & 65.] |
(MONEY DEPOSIT
WITH SURETIES)
Recognizance conditioned for appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned of do hereby acknowledge myself to owe to the Government the sum of deposited herewith if I fail in the condition hereon endorsed and we, the undersigned of and of severally acknowledge ourselves as sureties to owe to the Government the several sums following, namely, the said the sum of and the said the sum of to be levied on our several goods, lands and tenements if the said fails in the condition hereon endorsed.
Signed (where not taken orally) ......................................................................................................
...................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of Police or Inspector of Police or
Commissioner of Correctional
Services, as the case may be)
........................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden person appears before such magistrate as may then be sitting at the said court on day, the day of 19 , at o'clock in the noon, to answer (further) to the charge made against him by and to be (further) dealt with according to law then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE.-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
FORM 9 | [sections 20, 23, 31, 63, 64 & 65.] |
(PERSONAL MONEY
DEPOSIT)
Recognizance conditioned for appearance
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned of do hereby acknowledge myself to owe to the Government the sum of deposited herewith, if I fail in the condition hereon endorsed.
Signed (where not taken orally) .............................................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of Police or Inspector of Police or
Commissioner of Correctional
Services, as the case may be)
........................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden person appears before such magistrate as may then be sitting at the said court on day, the day of 19 , at o'clock in the noon, to answer (further) to the charge made against him by and to be (further) dealt with according to law then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
(WITH SURETIES)
Recognizance to be of good behaviour and to appear for
conviction and sentence or for sentence
HONG KONG. IN THE MAGISTRATE'S COURT AT
We, the undersigned of of and of severally acknowledge ourselves to owe the Government the several sums following, namely, the said as principal, the sum of and the said and as sureties the sum of each, to be levied on our several goods, lands, and tenements if the said principal fails in the condition hereon endorsed.
Signed (where not taken orally) ........................................................................................................................
............................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate's Clerk.
Explained by
.........................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden principal is of good behaviour for the term now next ensuing and appears for conviction and sentence or for sentence when called upon within the said period before such magistrate as may then be sitting at the said or other magistrate's court, then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
(PERSONAL)
Recognizance to be of good behaviour and to appear for
conviction and sentence or for sentence
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned of do hereby acknowledge myself to owe to the Government the sum of to be levied on my goods, lands and tenements if I fail in the condition hereon endorsed.
Signed (where not taken orally) ...................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate's Clerk.
.....................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden person is of good behaviour for the term of now next ensuing and appears for conviction and sentence or for sentence when called upon within the said period before such magistrate as may then be sitting at the said or other magistrate's court, then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
Warrant of commitment on commission of further offence during
probation period or period of conditional discharge
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services in Hong Kong.
(hereinafter called the defendant) was on the day of 19 , convicted by the Magistrate's Court sitting at ........................................................................ , [state shortly particulars of offence], and on the said date [or on the day of 19 ,] the said Court made a probation order which required him/her for the period of [years] from the date hereof to be under the supervision of a probation officer [or an order discharging him/her subject to the condition that he/she should commit no further offence during the period of years from the date thereof]:
And the defendant has this day appeared (or been brought) before me and I was satisfied that he/she had on the day of 19 , been convicted by the Magistrate's Court sitting at ....................................................... (or District Court sitting at ...................................................................... or Court of First Instance), of a further offence, namely (state shortly particulars of offence), committed by him/her on the day of 19 , during the said period:
[(or) And the defendant has this day been convicted by me of a further offence, namely, (state shortly particulars of offence), and I was satisfied that the said offence was committed by him/her on the day of 19 , during the said period]:
And it was adjudged that the defendant for the offence in respect of which the said order was made be imprisoned in a prison in Hong Kong for the space of :
These are, therefore, to command you, the said police officers, to take the defendant and convey him to a prison, and there to deliver him to the Commissioner of Correctional Services, together with this warrant; and you, the said Commissioner, to receive the defendant into your custody in a prison and then to imprison him for the space of : and for your so doing this shall be your sufficient warrant.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(L.N. 200 of 1972; 59 of 1994 s. 8; 25 of 1998 s. 2)
Note of forfeiture of recognizance to be given to principal
HONG KONG. IN THE MAGISTRATE'S COURT AT
Take notice that (on the complaint of ) this Court has this day adjudged that the recognizance entered into by you on the day of 19 , be forfeited and that you pay the sum of (and for costs) to be paid forthwith (or not later than the day of 19 ).
Failure to pay forthwith (or on or before the appointed day) will render your money and goods liable to distraint without further notice.
Dated this day of 19 .
................................................
[L.S.] Magistrate's Clerk
FORM 13 | [sections 31 & 64] |
Certificate of forfeiture to be endorsed on recognizance
The within-named not having appeared [or as the case may be] at the time and place in the said condition mentioned, it is hereby certified that the within-written recognizance is forfeited.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
FORM 14 | [sections 21 & 22] |
Summons to a witness
HONG KONG. IN THE MAGISTRATE'S COURT AT
To
Information having been laid (or complaint having been made) before a magistrate of Hong Kong, for that [as in the summons to defendant]; and it having been made to appear to me that you are likely to give material evidence on behalf of the informant (or complainant, or defendant, or accused) in this behalf:
These are, therefore, to require you-(a) to be and appear on day, the day of , 19 , at o'clock in the noon, at the said court, before such magistrate as may then be there; and
(b) to be and appear before such magistrate at the said court at such time and on such date as may be directed by such magistrate until the conclusion of the proceedings at which your attendance is required,
to testify what you shall know concerning the matter of the said information (or complaint).
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 ss. 7 & 8)
FORM 15 | [sections 21 & 22] |
Warrant where a witness has not obeyed a summons
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
Information having been laid ( or complaint having been made) before a magistrate of Hong Kong, for that [as in summons to defendant]; and it having been made to appear that
of , was likely to give material evidence on behalf of the informant (or complainant, or defendant, or accused) a summons was duly issued by the said magistrate to the said , requiring him to be and appear on day, the day of 19 , at o'clock in the noon, at the said court before such magistrate as might then be there, to testify what he should know concerning the said or the matter of the said information (or complaint); and proof having this day been made before me upon oath (or declaration) of such summons having been duly served on the said
and of a reasonable sum having been tendered to him for his costs and expenses in that behalf, and the said having refused or neglected to appear at the time and place appointed by the said summons, and no just excuse having been offered for such refusal or neglect:
These are, therefore, to command you to take the said and to bring and have him on day, the day of 19 , at o'clock in the noon, at the said court, before such magistrate as may then be there, to testify what he shall know concerning the matter of the said information (or complaint).
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 16 | [sections 21, 22 & 78] |
Warrant for a witness in the first instance
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
Information having been laid (or complaint having been made) before a magistrate of Hong Kong, for that [as in the summons to defendant]; and it being made to appear before me upon oath (or declaration) that of , is likely to give material evidence on behalf of the informant (or complainant, or defendant, or accused) in this matter, and it is probable that the said will not attend to give evidence without being compelled to do so:
These are, therefore, to command you to bring and have the said on day, the day of 19 , at o'clock in the noon, at the said court, before such magistrate as may then be there, to testify what he shall
know concerning the matter of the said information (or complaint).
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 17 | [sections 21, 22 & 78] |
Commitment of a witness refusing to be sworn or to give evidence
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services.
Information having been laid (or complaint having been made or having been charged) before a magistrate of Hong Kong, for that [as in the summons to defendant]; and one now appearing before me on day, the day of 19 , at the said court and being required by me to make oath (or declaration) as a witness in that behalf now refuses so to do (or being sworn or declared as a witness in the matter of the said information, or complaint, or charge) refuses to answer certain questions, without offering any just excuse for such his refusal:
These are, therefore, to command you, the said police officers to take the said and him safely to convey to a prison, and there to deliver him to the Commissioner of Correctional Services, together with this precept; and you, the said Commissioner, to receive the said into your custody in a prison, and there imprison him for such his contempt for the space of days, unless he shall in the meantime consent to be examined and to answer concerning the premises; and for your so doing this shall be your sufficient warrant.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 18 | [sections 20 & 79] |
Warrant to remand a defendant when apprehended
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services.
Information having been laid (or complaint having been made, or having been charged) before a magistrate of Hong Kong, for that [as in the summons to defendant]; and the said being now brought before me under and by virtue of a warrant upon such information (or complaint, or charge):
These are, therefore, to command you, the said police officers, forthwith to convey the said to a prison [or some other place of security], and there to deliver him to the Commissioner of Correctional Services, together with this precept; and you, the said Commissioner to receive the said into your custody in a prison [or some other place of security], and there safely to keep him until day, the day of 19 ; when you, the said police officers, are hereby commanded to convey and have him at the said court at o'clock in the noon of the same day, before such magistrate as may then be there, to answer to the said information (or complaint, or charge) and to be further dealt with according to law.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(L.N. 134 of 1967; 59 of 1994 s. 8; L.N. 355 of 1997)
FORM 19 | [sections 34 & 81] |
Minute and depositions of witnesses
HONG KONG. IN THE MAGISTRATE'S COURT AT
Hong Kong on the information (or complaint) of versus , & c.
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The examination of , of [merchant], and , of [labourer], taken upon oath (or declaration) this day of 19 , at the said court before the undersigned, a magistrate of Hong Kong, in the presence and hearing of against whom information is laid (or complaint is made, or who is charged) by this day before [me], for that he, the said , on the day of 19 , at [describing the offence as in the information, summons, or warrant of commitment].
This deponent upon his oath (or declaration) saith as follows: [stating the deposition of the witness as nearly as possible in the words he uses. When his deposition is complete, if the offence is an indictable one, let him sign it].
And this deponent upon his oath (or declaration) saith as follows:
[etc.].
The above depositions of and were taken [and sworn] before me at , on the day and year first above mentioned.
................................................
[L.S ] Magistrate.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where a fine is inflicted a memorandum of penalties paid into court shall be added.(59 of 1994 s. 8; L.N. 355 of 1997)
FORM 20 | [sections 28 & 69] |
Conviction for fine, to be levied by distress, etc. and,
in default of sufficient distress, imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereinafter called the defendant) is this day convicted before the said court for that he, on the day of 19 , at [state offence]; and it is adjudged that the defendant for his said offence do forfeit and pay the sum of [state the fine and costs or compensation if any,] to be paid and applied according to law; and if the said sum be not paid forthwith (or on or before the day of 19 , or by instalments of for every days, the first instalment to be paid forthwith or on the day of 19 ), *(it is ordered that the said sum be levied by distress and sale of the defendant's goods and chattels, and in default of sufficient distress,)
*(then, inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the defendant and his family,)
*(then, inasmuch as it has now been made to appear to me that the defendant has no goods or chattels whereon to levy the said sum by distress,)
*(then, inasmuch as I deem it inexpedient to issue such warrant of distress,) it is adjudged that the defendant be imprisoned in a prison in Hong Kong, for the space of unless the said sum (and all costs and charges of the said distress) [and of the commitment and conveying of the defendant to a prison], shall be sooner paid.
................................................
[L.S.] Magistrate.
______________________________________________________________________
* Delete where inapplicable.(59 of 1994 s. 8)
FORM 21 | [sections 28, 41, 51 & 69] |
Conviction for fine, to be levied by distress, and,
in default of sufficient distress, imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said Court.
The day of 19 .
(hereinafter called the defendant) is this day convicted before the said court for that he, on the day of 19 , at [state offence]; and it is adjudged that the defendant for his said offence do forfeit and pay the sum of [state the fine and costs or compensation if any] to be paid and applied according to law; and if the said sum be not paid forthwith (or on or before the day of 19 , or by instalments of for every days, the first instalment to be paid forthwith or on the day of 19 ), it is ordered that the said sum be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is ordered that the defendant be imprisoned in a prison in Hong Kong for the space of , unless the said sum, and all costs and charges of the said distress,shall be sooner paid.
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 22 | [sections 28, 41 & 69] |
Conviction for fine, and, in default of payment, imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereinafter called the defendant) is this day convicted before the said court for that he, on the day of 19 , at [state offence]; and it is adjudged that the defendant for his said offence do forfeit and pay the sum of [state the fine and costs or compensation if any] to be paid and applied according to law; and if the said sum be not paid forthwith (or on or before the day of 19 , or by instalments of for every days, the first instalment to be paid forthwith or on the day of 19 ), it is ordered that the defendant be imprisoned in a prison in Hong Kong for the space of unless the said sum shall be sooner paid.
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 23 | [sections 28, 41 & 69] |
Conviction when the punishment is by imprisonment. Costs
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereafter called the defendant) is this day convicted before the said court for that he, on the day of 19 , at [state offence]; and it is adjudged that the defendant for his said offence be imprisoned in a prison in Hong Kong for the space of ; and it is also adjudged that the defendant do pay to the said the sum of for his costs in this behalf and if the said sum for costs be not paid forthwith (or on or before the day of 19 ),
*(then it is ordered that the said sum be levied by distress and sale of the goods and chattels of the defendant and, in default of sufficient distress in that behalf,)
*(then inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the defendant and his family,)
*(then inasmuch as it has now been made to appear to me that the defendant has no goods or chattels whereon to levy the said sums by distress,)
*(then inasmuch as I deem it inexpedient to issue such warrant of distress,) it is adjudged that the defendant be imprisoned in a prison in Hong Kong for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs and all costs and charges of the said distress shall be sooner paid.
................................................
[L.S.] Magistrate.
______________________________________________________________________
* Delete where inapplicable.(59 of 1994 s. 8)
Conviction where punishment is by imprisonment. No costs
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereafter called the defendant) is this day convicted before the said court for that he, on the day of 19 , at [state offence]; and it is adjudged that the defendant for his said offence be imprisoned in a prison in Hong Kong for the space of .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 25 | [sections 28 & 41] |
Conviction or order where security is to be given for payment
HONG KONG. IN THE MAGISTRATE'S COURT AT
[Proceed as in ordinary conviction or order down to direction as to time of payment inclusive, and then, instead of inserting any direction as to distress or imprisonment, proceed as follows]-
and it is ordered that be at liberty to give, to the satisfaction of a magistrate [or such person as may be named], security in the sum of , with two sureties (or one surety) in the sum of [each], for the payment of the said sums as above directed.
................................................
[L.S.] Magistrate.
FORM 26 | [sections 28, 36 & 41] |
Where defendant is discharged conditionally on entering into a
recognizance to be of good behaviour and to appear
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereinafter called the defendant) is this day found guilty (and convicted) before the said court for that he on the day of 19 , at [state offence]; but being of opinion that it is inexpedient to inflict any punishment (or any other than a nominal punishment), and the defendant having entered into a recognizance without (or with) sureties, in a sum of dollars, to be of good behaviour and to appear for conviction and sentence (or for sentence), when called on at any time during a period of years (months), he is conditionally discharged; and it is ordered that the defendant do pay to the said for compensation (or damages) and for costs [if so ordered] forthwith (or on or before the day of 19 , or by instalments of for every days, the first instalment to be paid on or before the day of 19 ).
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 27 | [sections 28, 41 & 55] |
Order for payment of money
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
having made complaint that (hereinafter called the defendant) [state the facts entitling the complainant to the order with the time and place when and where they occurred], and the parties aforesaid having appeared (or the said having appeared but the defendant although duly called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me upon oath (or declaration) that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint and to be further dealt with according to law); and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do pay to the said the sum of forthwith (or on or before the day of 19 , or as the enactment may require), and also do pay to the said the sum of for his costs in this behalf; and if the said several sums are not paid forthwith (or on or before the day of 19 ), it is adjudged that the defendant be imprisoned in a prison in Hong Kong for the space of unless the said several sums shall be sooner paid.
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8; L.N. 355 of 1997)
FORM 27A
Order for payment of money, etc. under section 22(2) of the Fixed
Penalty (Traffic Contraventions) Ordinance, Cap 237
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
The Secretary for Justice having made complaint that (hereinafter called the defendant) [here state the facts entitling the complainant to the order with the time and place when and where they occurred], and the parties aforesaid having appeared (or counsel for the Secretary for Justice having appeared but the defendant, although duly called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me that the defendant has been duly served with the summons in this behalf, which required him to be and appear on this day before such magistrate as might now be here, to answer to the said complaint and to be further dealt with according to law); now, having heard the matter of the said complaint, it is adjudged and ordered that-(a) the defendant do forthwith pay into this court the sum of $ , being the fixed penalty of $ [, an additional penalty of $ ] and the sum of $ for his costs in this behalf;
(b) the Commissioner for Transport do, so long as the defendant fails to pay the sums hereby adjudged to be paid,-(i) take no action under paragraph (3), (3A), (4) or (5) of regulation 17 of the Road Traffic (Registration and Licensing of Vehicles) Regulations on receipt of any notice of transfer of ownership of the motor vehicle registered with the mark;
(ii) refuse to license the said motor vehicle under paragraph (3), (5) or (6) of regulation 21 of the said Registrations; and
(iii) refuse to issue a driving licence to the defendant or to renew his driving licence as the case may be.
................................................
[L.S.] Magistrate.
(L.N. 150 of 1970; L.N. 413 of 1984; 59 of 1994 s. 8; L.N. 362 of 1997; 25 of 2005 s. 32)
Summons to defendant to show cause why a warrant
of commitment should not issue
HONG KONG. IN THE MAGISTRATE'S COURT AT
To , of ,[labourer].
Whereas on the day of 19 , you were convicted of an offence contrary to and were fined :
[or Whereas on the day of 19 , it was adjudged that [name of defendant] should pay to the sum of and also should pay to the said the sum of for costs:]
And whereas you were allowed a period of days within which to pay the said sum and the said period has expired:
And whereas the said sum has not been paid:
These are, therefore, to command you to be and appear on day the day of 19 , at o'clock in the noon, at the said court, before such magistrate as may then be there, to show cause why a warrant of commitment should not issue and to be further dealt with according to law.
And take notice that if you fail to appear a warrant to apprehend you may issue.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
-----------------------------------------------------------------------------------------------------------------CERTIFICATE OF SERVICE
This summons was served by me:
(PLACE) ..........................................
(DATE) .............................................
...................................................... ................................................
(Signature of Recipient of Summons). (Signature of Process Server).(L.N. 355 of 1997)
Warrant to apprehend for non-payment of fine
HONG KONG. IN THE MAGISTRATE'S COURT AT
To each and all of the police officers of Hong Kong.
Whereas on the day of 19 , [name of defendant] was convicted of an offence contrary to and was fined :
[or Whereas on the day of 19 , it was adjudged that [name of defendant] should pay to the sum of and also should pay to the said the sum of for costs:]
And whereas the said [name of defendant] was allowed a period of days within which to pay the said sum and the said period has expired:
And whereas the said sum has not been paid:
These are, therefore, to command you forthwith to apprehend the said [name of defendant] and to bring him before a magistrate of Hong Kong to show cause why a warrant of commitment should not issue and to be further dealt with according to the law.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8; L.N. 355 of 1997)
FORM 30 | [sections 28, 41 & 51] |
Order for payment of money to be levied by distress, and,
in default of distress, imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
having made a complaint that (hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared (or the said having appeared but the defendant, although duly called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me upon oath (or declaration) that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law); and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do pay to the said the sum of forthwith (or on or before the day of 19 , or as the enactment may require), and also do pay to the said the sum of for his costs in this behalf, and if the said several sums are not paid forthwith (or on or before the day of 19 ),
*(then it is ordered that the said sum be levied by distress and sale of the goods and chattels of the defendant and, in default of sufficient distress in that behalf,)
*(then inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the defendant and his family,)
*(then inasmuch as it has now been made to appear to me that the defendant has no goods or chattels whereon to levy the said sums by distress,)
*(then inasmuch as I deem it inexpedient to issue such warrant of distress,) it is adjudged that the defendant be imprisoned in a prison in Hong Kong for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs and all costs and charges of the said distress shall be sooner paid.
................................................
[L.S] Magistrate.
-----------------------------------------------------------------------------------------------------------------
* Delete where inapplicable.(59 of 1994 s. 8; L.N. 355 of 1997)
FORM 31 | [sections 28 & 41] |
Order for any matter (other than the payment of a civil debt) where
disobedience to the order is punishable by imprisonment
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
having made a complaint that (hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared (or the said
having appeared but the defendant, although duly called, not having appeared by himself or his counsel, and it being now satisfactorily proved to me upon oath (or declaration) that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law); and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do [state the matter required to be done];and if, on a copy of a minute of this order being served on the defendant, either personally or by leaving it for him at his last or most usual place of abode, he refuses or neglects to obey this order, then it is adjudged that the defendant for such his disobedience be imprisoned in a prison in Hong Kong for the space of unless the said order shall be sooner obeyed [if the enactment authorizes this]; and it is also adjudged and ordered that the defendant do pay to the complainant the sum of for his costs in this behalf forthwith (or on the
day of 19 , or by instalments, etc.); and if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is adjudged that the defendant be imprisoned in a prison for the space of to commence at and from the termination of his imprisonment aforesaid unless the said sum, and all costs and charges of the said distress, shall be sooner paid.
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8; L.N. 355 of 1997)
FORM 32 | [sections 19, 28, 41 & 69] |
Order of dismissal of an information or complaint
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
Information was laid (or complaint was made) before the undersigned for that [etc. as in the summons to the defendant] and both the said parties having appeared before me in order that I should hear and determine the said information (or complaint) (or the defendant having appeared before me, but the said although duly called, not having appeared); and the matter of the said information (or complaint) being by me duly considered, it appears to me that the said information (or complaint) is not proved, and it is therefore dismissed; and it is adjudged that the said do pay to the defendant the sum of for his costs incurred by him in his defence in this behalf; and if the said sum for costs is not paid forthwith (or on or before the day of 19 ), it is ordered that the same be levied by distress and sale of the goods and chattels of the said , and in default of sufficient distress in that behalf it is adjudged that the said
be imprisoned in a prison in Hong Kong for the space of unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid.
................................................
[L.S.] Magistrate.
(L.N. 162 of 1993; 59 of 1994 s. 8; L.N. 355 of 1997)
FORM 33 | [sections 28, 36 & 41] |
Order discharging offender but directing him
to pay damages or costs or both
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereinafter called the defendant) has been charged on the information (or complaint) of for that he, on the
day of 19 , at [state offence]; and being of opinion that though the said charge is proved, the offence was of so trivial a nature (or having regard to the character, antecedents, age, health or mental condition of the defendant or any other extenuating circumstances as the case may be) that it is inexpedient to inflict any punishment, I do therefore hereby discharge the offender.
[If payment of damages or costs is ordered proceed as follows]-
and it is ordered that the defendant do pay to the said for damages and for costs; and it is ordered that the said sums be paid forthwith (or on or before the day of 19 , or by instalments of for every days, the first instalment to be paid forthwith or on or before the day of 19 ); and if default is made [proceed as in form of conviction for fine to be levied by distress].
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 34 | [sections 28, 36, 41 & 61] |
Order to enter into recognizance to keep the peace
or to be of good behaviour
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
having made complaint that (hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the defendant having appeared, and on hearing the matter of the complaint, it is this day adjudged and ordered that the defendant do forthwith duly enter into a recognizance in the sum of with surety in the sum of [each] to keep the peace or be of good behaviour, towards the complainant, for the term of now next ensuing; and, if the defendant fails to comply with this order it is adjudged that he be imprisoned in a prison in Hong Kong for the space of , unless he shall sooner comply with this order.
[If costs are ordered proceed as follows]-
and it is also adjudged and ordered that the defendant do pay to the said the sum of for costs forthwith (or on or before the day of 19 , or by instalments, etc.); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in form of conviction for fine to be levied by distress].
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 35 | [sections 61 & 65] |
(WITH SURETIES)
Recognizance conditioned to keep the peace or to be of good
behaviour or not to do or commit some act or thing
HONG KONG. IN THE MAGISTRATE'S COURT AT
We, the undersigned of of
and of severally acknowledge ourselves to owe to the Government the several sums following, namely, the said as principal the sum of and the said and as sureties the sum of each, to be levied on our several goods, lands, and tenements if the said fails in the condition hereon endorsed.
Signed (where not taken orally) ............................................................................................................................
..............................................................
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of Police or Inspector of Police or
Commissioner of Correctional
Services, as the case may be).
......................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden
keeps the peace or is of good behaviour towards of for the term of now next ensuing (or abstains from doing the thing forbidden, or as the case may be), then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(L.N. 355 of 1997)
FORM 36 | [sections 61 & 65] |
(PERSONAL)
Recognizance conditioned to keep the peace or to be of good
behaviour or not to do or commit some act or thing
HONG KONG. IN THE MAGISTRATE'S COURT AT
I, the undersigned
of , do hereby acknowledge myself to owe to the Government the sum of to be levied on my goods, lands and tenements if I the said shall fail in the condition hereon endorsed.
Signed (where not taken orally) ...........................................................
Taken (orally) before me the day of 19 .
.......................................................
[L.S.] Magistrate.
Explained by (or Magistrate's Clerk or Superintendent
of Police or Inspector of Police or
Commissioner of Correctional
Services, as the case may be).
....................................
CONDITION ENDORSED
The condition of the within-written recognizance is such that if the within-bounden
keeps the peace or is of good behaviour towards of for the term of now next ensuing (or abstains from doing the thing forbidden, or as the case may be), then the said recognizance shall be void, but otherwise shall remain in full force.
-----------------------------------------------------------------------------------------------------------------
NOTE-Where the recognizance is taken orally omit the words "the undersigned"and insert the word "orally" after "Taken".(L.N. 355 of 1997)
Summons to person bound by recognizance which is alleged
to have been forfeited by conviction of principal
HONG KONG. IN THE MAGISTRATE'S COURT AT
To , of .
You are hereby summoned to appear before me, the undersigned, a magistrate of Hong Kong, sitting at , on the day of 19 , at o'clock in the noon or before such magistrate as may then be there, to show cause why the recognizance entered into on the day of 19 , whereby you are bound to pay the sum of should not be adjudged to be forfeited, and why you should not be adjudged to pay that sum.
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 38 | [sections 28, 41 & 65] |
Adjudication of forfeiture of recognizance where person
bound as principal has been convicted of an offence
which is a breach of the condition
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
(hereinafter called the defendant) was by his recognizance entered into the day of 19 , bound in the sum of the condition of the recognizance being that , of , should [state condition of recognizance]; and proof having been given that the said has been convicted of the offence of having [state offence], being an offence which is in law a breach of the condition of the said recognizance:
Therefore it is adjudged that the said recognizance is forfeited, and that the defendant to pay to the magistrates' clerk [or other person specified] the said sum of and do also pay to the sum of for costs; and it is ordered that the said sums be paid forthwith (or on or before the day of 19 , or by instalments of for every days, the first instalment to be paid forthwith or on or before the day of 19 ); and if default is made in payment according to this adjudication and order, it is ordered [proceed as in conviction for fine to be levied by distress, or omit as the case may be].
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 39 | [sections 28 & 65] |
Order cancelling or mitigating forfeiture of recognizance
(To be endorsed on recognizance)
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
A warrant of distress was, on the day of 19 , issued for levying the sum of declared to be forfeited under the within-written recognizance, but no goods have been sold thereunder; and the said
has applied to me, the undersigned, to cancel (or mitigate) the forfeiture of the said recognizance, and has given security to my satisfaction for the future performance of the condition of the said recognizance, and has paid (or given security for payment of) the costs incurred in respect of the forfeiture thereof [or insert such other condition as the magistrate may think just]:
Therefore the said forfeiture is hereby cancelled (or mitigated to the sum of ).
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
Summons to attend an application for varying or
dispensing with sureties
HONG KONG. IN THE MAGISTRATE'S COURT AT
To , of .
You are hereby summoned to appear before a magistrate of Hong Kong sitting at
on day the day of 19 , at o'clock in the noon, to show cause why the amount for which it is proposed that the surety (or sureties) of should be bound should not be reduced (or why the obligation of to find a surety (or sureties) should not be dispensed with).
Dated this day of 19 .
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
Order varying order for sureties
HONG KONG. IN THE MAGISTRATE'S COURT AT
Before , Esquire, a magistrate of Hong Kong, sitting at the said court.
The day of 19 .
has been, under a warrant of commitment dated the
day of 19 , and issued by this court, committed to prison for default in finding sureties [or a surety] in the sum of , and, on new evidence having been produced to me (or on proof of a change of circumstances having been given to me), it seems to me just to vary, in manner hereinafter appearing, the order under which the said warrant was issued:
Therefore it is ordered that the amount for which it is proposed that the surety (or sureties) of the said should be bound be reduced to (or that the obligation of the said to find a surety (or sureties) be dispensed with) [or as may be directed].
................................................
[L.S.] Magistrate.
(59 of 1994 s. 8)
FORM 42 | [sections 41 & 64] |
Oral or written acknowledgement of undertaking
to pay a sum adjudged by a conviction
HONG KONG. IN THE MAGISTRATE'S COURT AT
(hereinafter called the defendant) was this day (or was on the day of 19 ) convicted before the said court for that he, on the day of 19 , at [state offence]; and it was adjudged by the said conviction that the defendant should pay (as in the conviction); and it was thereby ordered that the defendant should be at liberty to give, to the satisfaction of a magistrate of Hong Kong [or as in the conviction], security in the sum of with surety (or sureties) in the sum of [each] for the payment of the said sum at the time and in the manner by the said conviction directed:
Now therefore I, the said defendant, as principal, and we, of , and , of , as sureties (or I , of , as surety) hereby undertake that the defendant will pay the sum adjudged by the said conviction at the time and in the manner thereby directed; and I, the said defendant, and we (or I), the said sureties (or surety), hereby severally acknowledge ourselves bound to forfeit and pay to the magistrates' clerk [or other person specified] the sum of in case the defendant fails to perform this undertaking.
| Signed (where not taken orally) | .............................................., | ) | Defendant. |
 | .............................................., | ) | Sureties. |
| .............................................., | ) | |
Taken (orally) before me the day of 19 .
................................................
[L.S.] Magistrate.
Explained by
....................................
Sworn Interpreter.
______________________________________________________________________
NOTE-Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".(59 of 1994 s. 8)
Oral or written acknowledgment of undertaking to perform
condition of forfeited recognizance
HONG KONG. IN THE MAGISTRATE'S COURT AT
was by his recognizance entered into the day of 19 , bound in the sum of , the condition of the recognizance being that should [state condition of recognizance]; and, default having been made in the performance of this condition, the recognizance was on the day of 19 , declared to be forfeited, and the said not having paid the said sum, a warrant of distress was on the day of 19 , issued for recovery thereof, but no goods have been sold under the warrant; and the said has applied to the undersigned magistrate of Hong Kong to cancel or mitigate the forfeiture:
Now therefore I, the said , as principal, and we, of , and , of (or I, of ), as sureties (or surety), hereby undertake that the condition of the said recognizance shall be duly performed, [and that the said shall, on or before the day of 19 , pay the sum of for costs incurred in respect of the said forfeiture]; and I, the said principal, and we (or I) the said sureties (or surety), hereby severally acknowledge ourse