Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 23

Variance between information and evidence

(1) In every case of an information for any offence punishable on summary
conviction any variance between the information and the evidence adduced in
support thereof as to the time at which the offence or act is alleged to have
been committed shall not be deemed material, if it is proved that such
information was in fact laid within the time limited by law for laying the
same; and any variance between the information and the evidence adduced in
support thereof as to the place in which the offence or act is alleged to have
been committed shall not be deemed material, provided that the offence or act
is proved to have been committed within the jurisdiction of the magistrate by
whom the information is heard and determined.

(2) If any such variance, or any variance in any other respect between the
information and the evidence adduced in support thereof, appears to the
magistrate to be such that the defendant has been thereby deceived or misled
the magistrate may-

   (a)  adjourn the hearing of the case and if he is satisfied that the
        variance is due to default or neglect 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; and (Amended 18 of
        1981 s. 3)

   (b)  commit the defendant to prison or some place of security or to such
        other custody as the magistrate may think fit, or admit him to bail,
        with or without surety or sureties. (See Forms 5-9) (Replaced 36 of
        1976 s. 8)

(3) Where a defendant admitted to bail under subsection (2)(b) does not appear
at the time and place appointed for the adjourned hearing, a magistrate may
declare any recognizance to be forfeited and issue a warrant for the arrest of
the defendant. (See Form 3) (Added 36 of 1976 s. 8) [cf. 1848 c. 43 s. 9 U.K.]