Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 5

Chief Executive may by warrant appoint permanent and special magistrates

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2 PART I

CONSTITUTION OF MAGISTRATES

(1) The Chief Executive may by warrant from time to time appoint such number
of permanent and special magistrates as are in his opinion required for the
efficient administration of justice in Hong Kong and may in the case of
special magistrates by such warrant limit the jurisdiction and powers to be
exercised by the person so appointed. Such appointments together with the
warrant of appointment where such warrant limits jurisdiction or powers to be
exercised by the person appointed shall be notified in the Gazette. (Amended
48 of 1949 s. 3; 3 of 1974 s. 2; 59 of 1994 s. 6; 25 of 1998 s. 2)

(2) A permanent magistrate shall exercise all the jurisdiction and powers
conferred on a magistrate by any enactment in force in Hong Kong and also such
jurisdiction and powers as may from time to time be conferred on a permanent
magistrate. (Amended 59 of 1994 s. 6)

(3) A special magistrate shall, subject to the provisions of his warrant of
appointment, exercise all the jurisdiction conferred on a magistrate by any
enactment in force in Hong Kong, but his powers of imposing imprisonment and
fine shall, in the case of any enactment in force on 20 May 1949, be subject
to the limitations as to the maximum term or terms of imprisonment and the
maximum fine which such magistrate may lawfully impose under this Ordinance as
amended from time to time and in the case of any enactment coming into force
after 20 May 1949, be so subject unless such enactment expressly provides to
the contrary. (Amended 59 of 1994 s. 6)

(4) (Repealed 47 of 1997 s. 10)

(5) So long as any warrant of appointment of a magistrate issued under this
section is in force and unrevoked, it shall continue to have effect
notwithstanding his subsequent appointment to some other office.

(6) Any appointment made under the provisions of subsection (1) may be given
effect from a date anterior to that of the warrant by which it is made:
Provided that nothing herein contained shall be deemed to authorize the
discharge of any magisterial functions by any person so appointed before the
date of the warrant or before the requirements of section 17 of the
Oaths and Declarations Ordinance ( Cap 11) have been fulfilled. (Added 30 of
1958 s. 2. Amended 20 of 1972 s. 24) (Added 24 of 1949 s. 3)