### Magistrates Ordinance 《裁判官條例》

128. Compelling magistrate to do act and immunity for doing it
In all cases where a magistrate refuses to do any act relating to the duties of his office, it shall be lawful for the party requiring the act to be done to apply to the Court of First Instance for an order of mandamus, and if the court make the order, no action or proceeding whatsoever shall be commenced or prosecuted against the magistrate for having obeyed the order.
(Replaced 30 of 1958 s. 9. Amended 25 of 1998 s. 2)[cf. 1938 c. 63 s. 19(1) & Second Schedule U.K.]

129. After appeal no action for anything done under warrant upon it
In any case where a warrant of distress or warrant of commitment is granted by a magistrate on any conviction or order which, either before or after the granting of such warrant, has been or is confirmed on appeal, no action shall be brought against the magistrate who so granted the warrant for anything which may have been done under the same by reason of any defect in the conviction or order.
[cf. 1848 c. 44 s. 6 U.K.]

130. Setting aside of action prohibited by the Ordinance
In any case where by this Ordinance it is enacted that no action shall be brought in particular circumstances, if any such action is brought, it shall be lawful for a judge, on summons taken out by the defendant and on an affidavit of facts, to set aside the proceedings in the action, with or without costs, as to him may seem meet.
[cf. 1848 c. 44 s. 7 U.K.]

### Magistrates Ordinance 《裁判官條例》

131. Provisions as to limitation of actions, costs, tender, payment and notice
Where any action is brought against any magistrate for any act done by him in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, or in respect of any alleged neglect or default in the exercise of his jurisdiction, the following provisions shall apply—
(a) the action shall not lie or be instituted, unless, it is commenced within 6 months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within 6 months next after the ceasing thereof;
(b) whenever in any action a judgment is obtained by the defendant it shall carry costs to be taxed as between solicitor and client;
(c) in any action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff’s claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment;
(d) if, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends, before the commencement of the action, the court may award to the defendant costs to be taxed as between solicitor and client.
[cf. 1893 c. 61 s. 1 U.K.]

132. Amount of damages in certain cases
In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of 5 cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
[cf. 1848 c. 44 s. 13 U.K.]

### Magistrates Ordinance 《裁判官條例》

133. Rules
The Chief Justice, with the approval by resolution of the Legislative Council, may make rules for the carrying into effect of this Ordinance and for any matter ancillary thereto.

134. Regulations as to costs and fees
(1) The Chief Justice, with the approval by resolution of the Legislative Council, may make regulations—
(a) as to the fees to be taken (if any) at the magistrates’ court in respect of any proceedings or of the issuing, service or execution of any process or otherwise;
(b) as to the costs (if any) to be allowed for the attendance of witnesses or for legal assistance or otherwise;
(c) fixing a scale of such fees and costs;
(d) exempting any particular class of cases from the payment of any such fees or costs;
(e) as to the fees to be taken for the supply of copies of minutes and extracts from registers under section 35A. (Added 14 of 1979 s. 4)
(2) A table of the fees and costs for the time being in force shall be hung up in some conspicuous part of the magistrates’ court.
(3) A magistrate may refuse to do any act for which any fee is payable unless such fee has been paid, and, where any such act is done and the fee due thereon remains unpaid, any magistrate may summon the person from whom such fee is due and the fee may be recovered in the manner provided in this Ordinance for the recovery of a fine.

135. Amendment of First Schedule and Fourth Schedule
The Chief Executive in Council may by order amend the First Schedule and the Fourth Schedule.
(Amended 59 of 1972 s. 3; 25 of 1998 s. 2)

### Magistrates (Forms) Rules 《裁判官(表格)規則》

1. Citation
These rules may be cited as the Magistrates (Forms) Rules.

2. Forms
The forms in the Schedule shall be the prescribed forms for the purposes of the Ordinance.