### Magistrates Ordinance 《裁判官條例》

93A. Procedure as to transferred proceedings
Where proceedings are transferred under section 65F of the Criminal Procedure Ordinance (Cap. 221) or section 77A of the District Court Ordinance (Cap. 336) to be dealt with summarily by a magistrate—
(a) within 21 days after the date of the order of transfer a charge sheet setting forth the charge or charges preferred against the accused shall be delivered to the first clerk of the magistracy to which the proceedings are transferred and served on the accused;
(b) section 10(2), (3) and (4) shall apply to a charge sheet referred to in paragraph (a) as it does to a complaint or an information;
(c) subject to this section, the procedure shall be the same as if the relevant offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly;
(d) in the case of a transfer under section 65F of the Criminal Procedure Ordinance (Cap. 221) any statement that may have been admitted in evidence under section 81A before the accused was committed for trial shall be disregarded, but the prosecutor may call the person who made the statement to give verbal evidence as a witness and his evidence shall be taken in the manner set out in section 34;
(e) the conviction for the relevant offence shall be of the same effect as a conviction for the offence on indictment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court; and (See Forms 46, 93)

93B. Discharge of accused where charge sheet is not delivered
(1) Where a charge sheet is not delivered against the accused under section 93A(a) within the period specified in that paragraph—
(a) on the date appointed under section 77A(7) of the District Court Ordinance (Cap. 336), or where that date is adjourned, on such later date, the magistrate shall, on his own motion; or
(b) where, before the appointed date referred to in paragraph (a) or if that date is adjourned, before such later date, the accused applies to a magistrate for his discharge on the ground that a charge sheet is not delivered as required under section 93A(a), the magistrate shall,
direct that the accused be discharged in respect of the charges to which the transferred proceedings relate.
(2) A discharge under subsection (1) shall be deemed to be an acquittal.
(Added 59 of 1992 s. 17)

### Magistrates Ordinance 《裁判官條例》

94. Special powers for summary trial of certain indictable offences
Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 42 and 43 of the Offences against the Person Ordinance (Cap. 212) it shall be lawful for a special magistrate to hear the case and convict the accused summarily and to sentence him to imprisonment for 1 year or to commit the accused for trial before the court.
(Replaced 24 of 1949 s. 30. Amended E.R. 2 of 2018)

94A. Consent of prosecutor to be obtained
Notwithstanding anything contained in section 91, 92 or 94, an indictable offence shall not be dealt with summarily, unless the consent of the prosecutor has been obtained.
(Added 49 of 1965 s. 19)

96. Supplementary powers over persons under 16
Where a person apparently under the age of 16 years is convicted of any offence, the magistrate may, in addition to or in lieu of any other punishment for such offence, order the offender—
(a) to be discharged after due admonition; or
(b) to be delivered to his parent, guardian or nearest adult relative or, if the offender is an apprentice or servant, to his master or mistress or, if the offender is a pupil, to the person in charge of the school at which the offender is attending, on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond, with or without sureties, that he will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding 12 months.
(Replaced 13 of 1970 s. 6)

### Magistrates Ordinance 《裁判官條例》

97. General power to fine
(1) Where a person is convicted of an offence other than an indictable offence the magistrate may, if he is not precluded from sentencing the person by the exercise of some other power (such as the power to make a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298)), impose a fine in lieu of or in addition to dealing with the person in any other way in which the magistrate has power to deal with him, subject however to any enactment requiring the person to be dealt with in a particular way.
(2) In the exercise of the power under subsection (1) a magistrate shall not impose on an offender, in default of payment of the fine, any greater term of imprisonment than that to which the offender would have been liable under the enactment authorizing the imprisonment.
(3) A fine imposed in exercise of the power under subsection (1) shall not—
(a) in the case of a special magistrate, exceed $50,000;
(b) in the case of a permanent magistrate, exceed $100,000,
except where a greater sum is specifically provided for in any other Ordinance.
(Replaced 13 of 1995 s. 62)

98. Power to award compensation
Where a magistrate makes an order under section 36(1) or convicts a person of an offence and passes such sentence (if any) as may otherwise by law be passed, he may, in addition to the order or sentence, order the offender to pay to any aggrieved person such compensation for—
(a) personal injury;
(b) loss of or damage to property; or
(c) both such injury and loss or damage,
not exceeding $100,000, as he thinks reasonable.
(Replaced 48 of 1972 s. 4. Amended 13 of 1995 s. 63)

99. Power to sentence person using insulting language to or concerning magistrate
If any person behaves in an insulting manner or uses any threatening or insulting expression to or concerning or in the presence of a magistrate when acting in the discharge of any magisterial duty, the magistrate may summarily sentence the offender to a fine at level 3 and to imprisonment for 6 months.
(Amended 24 of 1949 s. 34; 51 of 1981 s. 9; 21 of 1999 s. 29)