### Magistrates Ordinance 《裁判官條例》

100. Power to award compensation for malicious prosecution
(1) If it appears to a magistrate that any charge or complaint was maliciously preferred without reasonable or probable cause, the magistrate may, on the application of the person against whom the charge or complaint was made, order the complainant to pay to that person reasonable compensation not exceeding $10,000.
(2) Before making any order under subsection (1) the magistrate shall give the complainant an opportunity to show cause why the order should not be made, and shall, if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf.
(3) If any compensation ordered under subsection (1) is not paid forthwith, the magistrate may commit the person against whom the order is made to prison in accordance with section 68.
(Replaced 13 of 1995 s. 45)

101. Imprisonment for non-payment of a pecuniary penalty or amends awarded for an offence under the Ordinance or any other enactment
Whenever a magistrate awards a pecuniary penalty or amends for an offence under this or any other enactment and the same is not paid forthwith, the magistrate may, in the absence of express provision to the contrary in any such enactment, commit the offender to prison in accordance with the provisions of section 68: (Amended 30 of 1958 Schedule)
Provided that where the enactment creating the offence lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment awarded under this section shall not exceed such a term.(Replaced 2 of 1955 s. 5)

101A. Issue of summons or warrant for non-payment of fine
(1) Where under any enactment a fine is imposed by a magistrate on a person and the fine is not paid forthwith or in such manner as may be allowed or directed, subject to such enactment, a magistrate may—
(a) issue a summons to such person to appear before a magistrate, and, if that person does not appear in answer to the summons, issue a warrant to apprehend him; or (See Form 28)

### Magistrates Ordinance 《裁判官條例》

102. Provisions relating to bail
(1) (Repealed 56 of 1994 s. 11)(2) Where a person is charged with an indictable offence a magistrate may admit the accused person to bail. (Replaced 56 of 1994 s. 11)
(3) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an inspector of police to admit the accused to bail. (Amended 56 of 1994 s. 11)
(4) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the date of his trial, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that the accused ought to be admitted to bail, such magistrate shall certify on the warrant of commitment his consent to the accused being bailed and it shall be lawful for a magistrate or for the magistrates’ clerk, on production of such certificate, to admit the accused to bail in manner aforesaid. (See Form 91)

103. Warrant of deliverance where accused is in prison when bail granted
(1) In every case where a magistrate admits to bail any person who is then in prison charged with the offence for which he is so admitted to bail, the magistrate shall send to or cause to be lodged with the Commissioner of Correctional Services a warrant of deliverance, under his hand and seal, requiring the said Commissioner to discharge the person so admitted to bail, if he is detained for no other offence, and, on such warrant of deliverance being delivered to or lodged with the said Commissioner, he shall forthwith obey the same. (See Form 92)

### Magistrates Ordinance 《裁判官條例》

104A. Evidence in absence of accused in proceedings for his return to Hong Kong
(1) If it is made to appear to any magistrate, by any credible person, that any person within Hong Kong is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, in any proceedings relating to the return to Hong Kong of any person accused or convicted of an offence the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a magistrate to give evidence or to produce the document or thing, and may take depositions in the absence of the person accused in like manner as he might take the same if such person were present and accused of an offence before him.
(2) A magistrate may enforce the attendance of a person summoned under subsection (1) in the manner provided in Part II for enforcing the attendance of a witness.
(3) If, on the appearance of a person summoned under subsection (1), he refuses to be examined upon oath, or refuses to take such oath or having taken such oath refuses without just excuse to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises.
(4) In this section, person accused or convicted of an offence (被控人或被定罪的人) includes a person wanted for prosecution, or for the imposition or enforcement of a sentence, in respect of an offence. (Added 23 of 1997 s. 28)
(Added 65 of 1977 s. 3)