### Magistrates Ordinance 《裁判官條例》

24. Description of property of partners in complaint or information
(1) In any complaint or information or the proceedings thereon in which it is necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others, as the case may be; and whenever in any complaint or information or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid.
(2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Government. (Amended 25 of 1998 s. 2; 29 of 1998 s. 105)
[cf. 1848 c. 43 s. 4 U.K.]

25. Complaint for order to pay money need not be in writing
In any case of a complaint upon which a magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by the enactment upon which such complaint is framed.
(Amended 25 of 1998 s. 2)[cf. 1848 c. 43 s. 8 U.K.]

26. Limit of time for complaint or information
In any case of an offence, other than an indictable offence, where no time is limited by any enactment for making any complaint or laying any information in respect of such offence, such complaint shall be made or such information laid within 6 months from the time when the matter of such complaint or information respectively arose.
(Amended 25 of 1998 s. 2)[cf. 1848 c. 43 s. 11 U.K.]

### Magistrates Ordinance 《裁判官條例》

26A. Limitation of time in respect of certain summary offences concerning aviation
(1) Notwithstanding section 26, in the case of an offence (other than an indictable offence) against any order in force under section 2A of the Civil Aviation Ordinance (Cap. 448) or against any regulation made under such an order, a complaint may be made or an information may be laid in respect of the offence within 12 months from the commission of the offence, if— (Amended 66 of 1997 s. 17)
(a) it was committed in connection with the flight of an aircraft in the course of which an accident occurred; and
(b) not more than 6 months after the commission of the offence—
(i) public notice has been given that an investigation into the accident is being carried out in accordance with the Hong Kong Civil Aviation (Investigation of Accidents) Regulations (Cap. 448 sub. leg. B); or
(ii) the Chief Executive has directed under regulation 16 of the Hong Kong Civil Navigation (Investigation of Accidents) Regulations (Cap. 448 sub. leg. B) that a public inquiry into the accident be held in accordance with those regulations. (Amended 25 of 1998 s. 2; E.R. 2 of 2018)
(2) The fact that any direction referred to in subsection (1)(b)(ii) has been given on any date may be proved by the production of a certificate to that effect purporting to be signed by the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(3) For the purposes of this section—
(a) the flight of an aircraft shall include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and
(b) accident (意外事故) includes any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened.
(Added 91 of 1970 s. 4)[cf. 1968 c. 61 s. 23 U.K.]

### Magistrates Ordinance 《裁判官條例》

27. Defects in and amendment of complaint, information or summons
(1) Where it appears to the adjudicating magistrate that there is—
(a) a defect in the substance or form of any complaint, information or summons; or
(b) a variance between the complaint, information or summons and the evidence adduced in support of it,
he shall, subject to subsection (2)—
(i) amend the complaint, information or summons if he is satisfied that no injustice would be caused by that amendment; or
(ii) dismiss the complaint, information or summons.
(2) The adjudicating magistrate shall amend the complaint, information or summons where—
(a) the defect or variance mentioned in subsection (1) is not material; or
(b) any injustice which might otherwise be caused by an amendment would be cured by an order as to costs, an adjournment or leave to recall and further examine witnesses or call other witnesses.
(3) Following an amendment to a complaint, information or summons, the adjudicating magistrate shall—
(a) read and explain the amended complaint, information or summons to the defendant;
(b) give leave to the parties to call or recall and further examine such witnesses as may be reasonably required by a party having regard to the nature of the amendment;
(c) grant such adjournment as may be reasonably necessary to enable the parties to call or recall witnesses and to prepare their cases;
(d) if he thinks fit, make an order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as may be occasioned by the amendment; and
(e)  give judgment upon the substantial merits and facts of the case as proved before him, having regard to the offence charged in the complaint, information or summons as amended:

Provided that, if the amendment is made after the case for the complainant or informant is closed, no further evidence may be called by the complainant or informant other than evidence that would, apart from this section, be admissible in rebuttal.(4) In this section, amend (修訂) includes the substitution of another offence in place of that alleged in the complaint, information or summons.
(Replaced 5 of 1987 s. 2)

28. Form of conviction and order
(1) In every case of a conviction where no particular form of such conviction is given by the enactment creating the offence or regulating the prosecution for the same, and in every case of a conviction upon any past enactment, whether any particular form of conviction is therein given or not, it shall be lawful for the magistrate who so convicts to draw up his conviction in such one of the forms of conviction in the rules made under this Ordinance as may be applicable to such case or to the like effect. (See Forms 20-26)

### Magistrates Ordinance 《裁判官條例》

29. Proof of previous convictions
Otherwise than in a court sitting in manner provided in section 3 of the Juvenile Offenders Ordinance (Cap. 226), where a magistrate—
(a) has convicted any person; or
(b) has made an order against any person for the payment of money or otherwise,
and it is proved to the satisfaction of the magistrate, on oath or in the prescribed manner, that not less than 7 days previously a notice was served on such person in the prescribed form and in the manner prescribed in section 8(2)(a) for the service of a summons specifying any alleged previous conviction of such person of a summary offence proposed to be brought to the notice of the magistrate in the event of the conviction of such person of the offence charged, and such person is not present in person before the magistrate, the magistrate may take account of any such previous conviction so specified as if such person had appeared and admitted it.
(Added 30 of 1958 s. 5)