### Magistrates Ordinance 《裁判官條例》

117. Abandonment of appeal
(1) In the case of an appeal under section 105 or 113 the appellant may at any time, not less than 2 clear days before the date fixed for the hearing, abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice of the abandonment to the respondent and to the Registrar.
(2) Where an appeal has been abandoned—
(a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done thereunder by the appellant; and
(b) any magistrate may, on the application of the respondent, order the appellant to pay to him such costs as the Registrar shall determine to be just and reasonable in respect of expenses properly incurred by him in connection with the appeal before notice of the abandonment was given to him; and
(c) any recognizance entered into in connection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall retransmit any such recognizance to the magistrates’ clerk, and the provisions of subsections (1) and (3) of section 65 (except the words from “and paying or giving security” to the end of the said subsection (1)) shall apply in relation to any such recognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.
(3) The payment of any costs ordered to be paid under subsection (2) may be enforced as a civil debt recoverable on a magistrate’s summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.
(Replaced 24 of 1949 s. 39)[cf. 1933 c. 38 s. 4 U.K.]

### Magistrates Ordinance 《裁判官條例》

119. Release from custody by a magistrate and powers of the judge on appeal
(1) In the case of any appeal to which section 105 or 113 applies—
(a) where an appellant is in custody, any magistrate may, if he thinks fit, release him from custody on his complying with the provisions of sections 110 and 114 relating to entering into recognizances, if he has not already done so, and may admit him to bail. (See Forms 98, 99)

120. Provisions as to costs
(1) On any appeal to which section 105 or 113 applies, the judge may make such orders as to costs, as he may think fit, and may—
(a) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;
(b) in any case, in which the appeal is from an order or determination in respect of or in connection with an offence, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal,
and in fixing, for the purposes of this subsection, the amount of any costs to be paid to a party to an appeal shall have regard to his means.
(2) (Repealed 39 of 1996 s. 24)(Replaced 24 of 1949 s. 39) [cf. 1933 c. 38 s. 5 U.K.]

### Magistrates Ordinance 《裁判官條例》

121. Provisions as to forfeited recognizances
(1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.
(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.
(b) The list or lists so made shall be examined, and, if necessary corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 110 to 113 of the Criminal Procedure Ordinance (Cap. 221). 
(3) The judge may, in lieu of signing a list in accordance with subsection (2), make an order wholly discharging the recognizance.
(4) The judge, unless he makes an order wholly discharging the recognizance—
(a) shall, at the time when he signs as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and
(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as he may specify in such order.
(5) Any order under subsection (4)(b) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.
(6) The Registrar shall enter upon the record any order made by the judge under this section.
(7) The powers conferred by this section shall be in addition to, and not in derogation of any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.
(Added 24 of 1949 s. 39)[cf. 1933 c. 38 s. 6 U.K.]