### Magistrates Ordinance 《裁判官條例》

55. Commitment of defendant in first instance
(1) Where the enactment by virtue of which a conviction for a fine or an order for the payment of money is made makes no provision for such fine or sum being levied by distress, but directs that, if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in the conviction or order, the defendant shall be imprisoned for a certain time unless such fine or sum shall be sooner paid, in every such case such fine or sum shall not be levied by distress; but if the defendant does not pay the same, together with costs, if awarded, forthwith, or at the time specified in the conviction or order for the payment of the same, it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid. (See Forms 27, 59, 61)

56. Commitment for disobedience of order to do some act, etc., not being payment of money
(1) Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or where an order is not for the payment of money but for the doing of some other act, and directs that, in case of the defendant’s refusal or neglect to do such act, he shall be imprisoned, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him for such time as the enactment on which the conviction or order is founded as aforesaid directs. (See Forms 66, 68)

### Magistrates Ordinance 《裁判官條例》

57. Consecutive or partly consecutive sentences of imprisonment
Where a term of imprisonment is imposed by a magistrate, either in the first instance or in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, the magistrate may order that the said term shall commence at any time during or at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court:
Provided that where 2 or more terms of imprisonment imposed by a magistrate are ordered to run consecutively in whole or in part the aggregate of the said terms of imprisonment shall not, in the case of a special magistrate, exceed 12 months and in the case of a permanent magistrate exceed 3 years. Nothing in the foregoing proviso shall be deemed to affect the provisions of section 44.(Replaced 24 of 1949 s. 18. Amended 48 of 1949 s. 7; 13 of 1995 s. 44)

58. On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged
Where any person against whom a warrant of distress issues as aforesaid pays or tenders to the police officer or other officer having the execution of the same the sum mentioned in the warrant, together with the amount of the expenses of the distress up to the time of such payment or tender, such police officer or other officer shall cease to execute the same; and where any person is imprisoned as aforesaid for non-payment of any fine or other sum he may pay or cause to be paid to the Commissioner of Correctional Services the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the said Commissioner shall receive the same, and shall thereupon discharge such person if he is in his custody for no other matter.
[cf. 1848 c. 43 s. 28 U.K.]

### Magistrates Ordinance 《裁判官條例》

59. Provisions as to warrants of distress
The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance—
(a) a warrant of distress shall be executed by or under the direction of a police officer or other officer;
(b) save in so far as the person against whom the distress is levied otherwise consents the distress shall be sold by public auction, and 5 clear days at the least shall intervene between the making of the distress and the sale, unless the goods distrained are perishable, and when consent is so given as aforesaid the sale may be made in accordance with such consent;
(c) subject as aforesaid the distress shall be sold within the period fixed by the warrant, and, if no period is so fixed, then within the period of 14 days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the distress, are sooner paid;
(d) subject to any directions to be contrary given by the warrant of distress, when the distress is levied on household goods, the goods shall not, except with the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods shall be impounded as are, in the opinion of the person executing the warrant, sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine at level 1; (Amended 22 of 1950 Schedule; E.R. 4 of 2021)
(e) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall upon summary conviction be liable to a fine at level 1; (Amended 22 of 1950 Schedule; E.R. 4 of 2021)
(f) a written account of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the officer charged with the execution of the warrant as soon as practicable to the magistrates’ clerk; and it shall be lawful for the person on whose goods the distress was levied, within 1 month after the levy of the distress, to inspect such account without fee or reward, at any reasonable time to be appointed by a magistrate, and to take a copy of such account; (See Form 58)