Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 20

Adjournment of hearing and procedure thereon

(1) Before or during the hearing of any complaint or information, a magistrate
may adjourn the hearing to such time and place and on such conditions as he
thinks fit.

(2) Where the hearing is adjourned-

   (a)  by reason of the non-appearance of the complainant or informant,
        either personally or by counsel, and the magistrate is satisfied that
        the complainant or informant has had adequate notice of the hearing,
        he may order that the complainant or informant shall pay to the
        defendant such costs, not exceeding $5000, as the magistrate may think
        fit; or

   (b)  on the application of the complainant or informant, either personally
        or by counsel, and the magistrate is satisfied that the application is
        occasioned by some default, neglect or omission on the part of the
        complainant, informant or his counsel, as the case may be, he may
        order that the complainant or informant shall pay to the defendant
        such costs, not exceeding $5000, as the magistrate may think fit.
        (Amended 18 of 1981 s. 3)

(3) When adjourning the hearing of a complaint or information, the magistrate
may admit the defendant to bail or commit him to prison or some other place of
security or to such other custody as the magistrate may think fit. (See Forms
5-9, 18) (Amended 56 of 1994 s. 11)

(4) Where a defendant who has been admitted to bail fails to surrender to
custody as shall have been appointed, a magistrate may issue a warrant for the
arrest of the defendant. (Replaced 56 of 1994 s. 11)

(5) A magistrate may, on being satisfied that a defendant who is accused of an
offence triable summarily is by reason of illness or accident unable to appear
personally before a magistrate-

   (a)  visit the defendant and in his presence exercise any of the powers
        conferred by subsection (1) or (3); or

   (b)  exercise such powers in the absence of the defendant if, in the
        opinion of the magistrate, it is not practicable for him to visit the
        defendant.

(6) If, at the time and place to which the hearing or further hearing is so
adjourned-

   (a)  the complainant or informant does not appear, either personally or by
        counsel, a magistrate may dismiss the complaint or information on such
        terms as he may think fit, including a term that the complainant or
        informant shall pay to the defendant such costs, not exceeding $5000,
        as the magistrate may think fit; or (Amended 18 of 1981 s. 3)

   (b)  the defendant does not appear, either personally or by counsel, the
        magistrate may-

        (i)    issue a warrant for the arrest of the defendant; (See Form 2)

        (ii)   declare any recognizance to be forfeited; and

        (iii)  adjourn the hearing for such time as he may think fit.
               (Replaced 36 of 1976 s. 7)