### Magistrates (Fees) Regulations 《裁判官(費用)規例》

1. Citation
These regulations may be cited as the Magistrates (Fees) Regulations.

2. Fees payable
Subject to regulation 3 the fees to be taken at the Magistrates’ Courts, in cases where no other fee or charge is specified in or prescribed by any other enactment, shall be those specified in the following scale—

SCALE OF FEES   1.  For affixing the signature of a magistrate, with or without the magistrate’s seal, to any statutory declaration or other document made or required for a purpose other than in or for a magisterial proceeding or matter exclusively within the duties of the office of a magistrate   $  125   2.  (a)  Typed copy of depositions, charges or documentary exhibits in summary cases, per page   $  36    (b)  Additional copies, per page   $  4   3.  (a)  Photostatic copy of a document made in the magistracy, per page   $  4    (b)  Photostatic copy and certification, per page   $  5.5   4.  (a)  Translation made in the magistracy of a document from Chinese into English or vice versa, including certificate, per page   $  72    (b)  Transcription and translation made in the magistracy, from Chinese into English, or vice versa, of a tape or recording including certificate, per page   $  132    (c)  (Repealed L.N. 116 of 1993)      5.  (a)  Certifying translations made outside the magistracy, from Chinese into English, and vice versa, per page   $  36    (b)  Certifying transcription made outside the magistracy, from Chinese into English and vice versa, of a tape or recording, per page   $  36   6.  Search in the magistracy, for each document or file referred to or required   $  18 
(L.N. 116 of 1993; L.N. 225 of 1994)

3. Power of magistrate
The fee for affixing the signature of a magistrate may be dispensed with by him in respect of income tax returns, pay and pension papers and documents deemed by him to be of a similar class.

### Magistrates Ordinance 《裁判官條例》

1. Short title
This Ordinance may be cited as the Magistrates Ordinance.

### Magistrates Ordinance 《裁判官條例》

3. Saving of special procedure
Nothing in this Ordinance shall affect any special procedure provided in any Ordinance.
(Format changes—E.R. 2 of 2018)

4. Use of forms
The forms in the rules made hereunder or forms to the like effect, with such variations or additions as circumstances may require, shall be deemed good, valid and sufficient in law.
(Format changes—E.R. 2 of 2018)

### Magistrates Ordinance 《裁判官條例》

5. Chief Executive may by warrant appoint permanent and special magistrates
(1) The Chief Executive may by warrant from time to time appoint such number of permanent and special magistrates as are in his opinion required for the efficient administration of justice in Hong Kong and may in the case of special magistrates by such warrant limit the jurisdiction and powers to be exercised by the person so appointed. Such appointments together with the warrant of appointment where such warrant limits jurisdiction or powers to be exercised by the person appointed shall be notified in the Gazette. (Amended 48 of 1949 s. 3; 3 of 1974 s. 2; 59 of 1994 s. 6; 25 of 1998 s. 2)
(2) A permanent magistrate shall exercise all the jurisdiction and powers conferred on a magistrate by any enactment in force in Hong Kong and also such jurisdiction and powers as may from time to time be conferred on a permanent magistrate. (Amended 59 of 1994 s. 6)
(3) A special magistrate shall, subject to the provisions of his warrant of appointment, exercise all the jurisdiction conferred on a magistrate by any enactment in force in Hong Kong, but his powers of imposing imprisonment and fine shall, in the case of any enactment in force on 20 May 1949, be subject to the limitations as to the maximum term or terms of imprisonment and the maximum fine which such magistrate may lawfully impose under this Ordinance as amended from time to time and in the case of any enactment coming into force after 20 May 1949, be so subject unless such enactment expressly provides to the contrary. (Amended 59 of 1994 s. 6)
(4) (Repealed 47 of 1997 s. 10)(5) So long as any warrant of appointment of a magistrate issued under this section is in force and unrevoked, it shall continue to have effect notwithstanding his subsequent appointment to some other office.
(6) Any appointment made under the provisions of subsection (1) may be given effect from a date anterior to that of the warrant by which it is made:

Provided that nothing herein contained shall be deemed to authorize the discharge of any magisterial functions by any person so appointed before the date of the warrant or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap. 11) have been fulfilled. (Added 30 of 1958 s. 2. Amended 20 of 1972 s. 24)
(Added 24 of 1949 s. 3)

### Magistrates Ordinance 《裁判官條例》

5AA. Professional qualifications of permanent magistrates
(1) A person is eligible to be appointed as a permanent magistrate if the person—
(a) is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and 
(b) has the required experience as specified in subsection (2). (Replaced 20 of 2014 s. 5) 
(2) For subsection (1)(b), a person has the required experience if, for a period of or periods totalling not less than 5 years—
(a) since becoming qualified as described in subsection (1)(a), the person—
(i) has practised as a barrister, solicitor or advocate in such a court; 
(ii) has been a legal officer; 
(iii) has been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap. 91);
(iv) has been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(v) has been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412); or 
(b) whether before or since becoming qualified as described in subsection (1)(a), the person has been a special magistrate appointed in accordance with section 5. (Replaced 20 of 2014 s. 5) 
(3) In calculating the period of 5 years referred to in subsection (2)— (Amended 20 of 2014 s. 5)
(a) periods of less than 5 years falling within any of the paragraphs or subparagraphs of that subsection may be combined;
(b) for the purposes of paragraph (a) of that subsection, periods served in an office specified in Part I of the First Schedule to the repealed Registrar General (Establishment) Ordinance (Cap. 100) may be taken into account notwithstanding the repeal of that Ordinance. (Amended 20 of 2014 s. 5)
(Added 10 of 2005 s. 142)