Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 19A

Plea by a corporation before a magistrate

(1) On the hearing by a magistrate of any complaint or information against a
corporation, a representative may on behalf of the corporation enter a plea of
guilty or not guilty.

(2) Where a representative enters a plea of not guilty under subsection (1),
he may exercise the rights under section 16(1) as if he were an individual
defendant against whom the complaint is made or the information laid.

(3) Section 49(4) of the Criminal Procedure Ordinance ( Cap 221) shall apply
mutatis mutandis to a representative for the purposes of subsection (1) as it
applies to a representative for the purposes of that section.

(4) A letter under section 18E may be addressed to the magistrate on behalf of
a corporation by a director or the secretary of the corporation and that
section shall apply in relation to a letter purporting to be so addressed as
it applies to a letter purporting to be addressed by an individual defendant.
(Amended 36 of 1976 s. 6)

(5) Subject to subsection (4), if at the time and place appointed for the
hearing of a complaint or information against a corporation only the
complainant or informant appears, the magistrate may, if he is satisfied that
a summons was served on the corporation a reasonable time before the hearing,
order a plea of not guilty to be entered and may thereupon proceed to hear and
determine the case as though the corporation had duly entered a plea of not
guilty. (Added 36 of 1976 s. 6) (Added 6 of 1971 s. 2) [cf. 1967 c. 80 s. 29
U.K.]