Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 7D

Notice of prosecution

PART II

PROCEDURE IN RESPECT OF SUMMARY OFFENCES

(1) Where the penalty which may be imposed upon conviction for an offence does
not exceed a fine of $10000 and imprisonment for 6 months

(whether with or without any additional order, relating to suspension or
cancellation of a licence, disqualification from obtaining or holding a
licence, or as to compensation or otherwise), any public officer or body
corporate authorized to prosecute in respect of that offence may file in a
magistrate's court a notice of prosecution and shall, within 14 days of such
filing, serve a copy of that notice by post on the defendant. (See Forms 104,
105)

(2) A notice under subsection (1)-

   (a)  shall be in the prescribed form;

   (b)  shall be signed by the public officer or on behalf of the body
        corporate filing the notice;

   (c)  shall state-

        (i)    the name and address of the defendant;

        (ii)   particulars of the offence which is alleged to have been
               committed and of the time and place at which it is alleged to
               have been committed; and

        (iii)  the date before which the defendant may file a written notice
               requiring a hearing being a date not less than 35 days after
               the date on which the notice of prosecution was filed; and

   (d)  shall be accompanied by a statement of the penalty which may be
        imposed and any other order which may be made upon conviction. (Added
        18 of 1984 s. 2)