Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 31

Form and execution of warrant, etc.

(1) Every warrant to apprehend a defendant in order that he may answer to any
complaint or information shall be under the hand and seal of the magistrate
issuing the same, and may be directed either to any police officer by name or
generally to all the police officers within Hong Kong. (Amended 59 of 1994 s.
6)

(2) It shall state shortly the matter of the complaint or information on which
it is founded, and shall name or otherwise otherwise describe as far as
practicable the person against whom it has been issued, and it shall order the
person to whom it is directed to apprehend the defendant and to bring him
before a magistrate to answer to the complaint or information, and to be
further dealt with according to law.

(3) It shall not be necessary to make the warrant returnable at any particular
time, but the same may remain in full force until it is executed or until it
is withdrawn by any magistrate. (Amended 32 of 1966 s. 2)

(4) The warrant may be executed by apprehending the defendant at any place
within Hong Kong or the waters thereof; in every case where the warrant is
directed to all police officers within Hong Kong, it shall be lawful for any
police officer to execute the warrant in like manner as if it were directed
specially to such police officer by name: (Amended 59 of 1994 s. 6) Provided
that no objection shall be taken or allowed to any warrant to apprehend a
defendant so issued on any such complaint or information as aforesaid under or
by virtue of this Ordinance for any alleged defect therein in substance or in
form, or for any variance between it and the evidence adduced on the part of
the complainant or informant but if any such variance appears to the
magistrate at the hearing to be such that the party apprehended has been
thereby deceived or misled, it shall be lawful for the magistrate, on such
terms as he may think fit, to adjourn the hearing of the case to some future
day, and in the meantime to commit the defendant to prison or some place of
security or to such other custody as the magistrate may think fit, or to admit
him to bail. (See Forms 6-9) (Amended 56 of 1994 s. 11) [cf. 1848 c. 43 s. 3
U.K.]