Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 35A

Inspection etc. of minute and register

(Past version on 30/06/1997).

(1) Every minute taken under section 34(1) and every register kept under
section 35(1) shall be open for inspection without fee or reward by-

   (a)  a judge;

   (b)  the Registrar;

   (c)  the Secretary for Justice; (Amended L.N. 362 of 1997)

   (d)  a judge or deputy judge of the District Court;

   (e)  the registrar of the District Court;

   (f)  a magistrate;

   (g)  any party to the proceedings to which the minute relates or to any
        proceedings which may be recorded in the register, or his legal
        representative;

   (h)  any person, or his legal representative, who satisfies the Registrar
        or the magistrates' clerk that such inspection is reasonably required
        in connection with actual or potential civil or criminal proceedings
        by or against that person;

   (i)  any person who satisfies the Registrar or the magistrates' clerk that
        there is good and sufficient reason for that inspection.

(2) Any person aggrieved by the decision of a magistrates' clerk to refuse
permission to inspect may appeal to a magistrate whose decision shall be
final.

(3) A decision by the Registrar to refuse permission to inspect shall be
final.

(4) The right to inspect under subsection (1) shall include the right to a
copy of the minute or register subject, in the case of applicants under
subsection (1)(g), (h) and (i), to the payment of the prescribed fee.

(5) Disclosure of the contents of a minute or register under subsection (1)
shall not amount to a breach of the Rehabilitation of  Offenders Ordinance (
Cap 297). (Replaced 13 of 1995 s. 42)