Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 28

Form of conviction and order

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) In every case of a conviction where no particular form of such conviction
is given by the enactment creating the offence or regulating the prosecution
for the same, and in every case of a conviction upon any past enactment,
whether any particular form of conviction is therein given or not, it shall be
lawful for the magistrate who so convicts to draw up his conviction in such
one of the forms of conviction in the rules made under this Ordinance as may
be applicable to such case or to the like effect. (See Forms 20-26)

(2) Where an order is made, and no particular form of order is given by the
enactment giving authority to make such order, and in every case of an order
to be made under the authority of any past enactment, whether any particular
form of order is therein given or not, it shall be lawful for the magistrate
by whom such order is to be made to draw up the same in such one of the forms
of orders in the rules made under this Ordinance as may be applicable to such
case or to the like effect. (See Forms 27, 30-34, 38 , 39)

(3) Such convictions and orders shall not be drawn up unless for an appeal or
some other legal purpose. (Added 2 of 1955 s. 3) [cf. Summary Jurisdiction
Rules 1915 r. 53 U.K.] (Amended 25 of 1998 s. 2) [cf. 1848 c. 43 s. 17 U.K.]