### Magistrates Ordinance 《裁判官條例》

113A. Review by a judge
(1) Where any person has been convicted by a magistrate of any offence (including an indictable offence triable summarily), or been made the subject of any order or determination by a magistrate relating to or in connection with an offence, the Chief Executive may, if he thinks fit, at any time thereafter either— (Amended 25 of 1998 s. 2)
(a) subject to subsection (2), refer the whole case to a judge and the case shall then be treated as an appeal to that judge by that person; or
(b) if he desires the assistance of a judge on any point arising in the case, refer that point to a judge for that judge’s opinion thereon, and the judge shall consider the point so referred and furnish the Chief Executive with his opinion thereon accordingly. (Amended 25 of 1998 s. 2)
(2) The Fifth Schedule shall have effect for the purpose of regulating references to a judge under subsection (1)(a) in respect of the sections specified in that Schedule.
(3) A reference by the Chief Executive under this section— (Amended 25 of 1998 s. 2)
(a) may be made by him either on an application by the person referred to in subsection (1), or without any such application; and
(b) shall be made in writing to the Registrar.
(4) For the avoidance of doubt, it is hereby declared that this section also applies in a case where an appeal has been heard and determined by the Court of Final Appeal. (Added 79 of 1995 s. 50)
(Added 12 of 1992 s. 4)

114. Procedure for appeals under section 113 prior to entry of appeal
Where a person is authorized by section 113 to appeal to a judge, the following provisions shall apply—
(a) the appellant shall, within 14 days after the day of his conviction or the order or determination by the magistrate or within such extended time as may be ordered upon application made in accordance with section 114A, give to the magistrates’ clerk notice in writing of his appeal, stating the general grounds of his appeal, and signed by him or his agent on his behalf, and thereupon the magistrates’ clerk shall give a copy of such notice to the respondent and, if he is not the respondent, also to the Secretary for Justice; (See Forms 101, 102)

### Magistrates Ordinance 《裁判官條例》

114A. Extension of time for giving notice of appeal under section 114
(1) Where it appears to a magistrate or to a judge, on application made in accordance with subsection (2), that any person wishing to appeal against any conviction, order or determination by any magistrate has failed to give the notice of appeal required by section 114 within the period of 14 days prescribed by paragraph (a) thereof, the magistrate or the judge, as the case may be, may, on good cause being shown by the applicant, order that such notice may be given within such further time as shall be specified in such order.
(2) An application under subsection (1) shall be made in writing and— (See Form 103)

### Magistrates Ordinance 《裁判官條例》

115. Service and notice
(1) Despite the provisions of this Part it shall be unnecessary to serve any notice or document on the Secretary for Justice if the appeal relates to any order or determination other than an order or determination relating to or in connection with an offence. (Amended L.N. 362 of 1997)
(2) Any notice or document required to be served on the Secretary for Justice shall be served upon the clerk in the Department of Justice from time to time discharging the duties of prosecution clerk or by addressing the same to the Secretary for Justice by registered post. (Amended L.N. 362 of 1997; 59 of 1999 s. 3)
(3) Any notice or document required to be given to or served upon any other party shall be deemed to have been duly served on such person if given to or served upon his solicitor or if dispatched by registered post addressed, in the case of a person in prison custody, to the Commissioner of Correctional Services and, in the case of any other person, addressed to him at his last or usual place of abode or business. A notice of document dispatched by registered post shall be deemed to be given or received at the time when it would have been delivered in the ordinary course of post.
(4) Where it is made to appear to a judge that for any reason any notice which is required cannot be given or that service of any document required to be served cannot conveniently be effected in the manner hereinbefore provided he may order that such notice be given or such document served— (Amended 92 of 1975 s. 58)
(a) by delivery thereof to some agent within Hong Kong of the person to be served, or to some other person within Hong Kong through whom it appears in his opinion that there is a reasonable probability that the notice or document will come to the knowledge of the person to whom notice is to be given or upon whom the document is to be served; or (Amended 59 of 1994 s. 6)
(b) by advertisement thereof in one or more newspapers published in Hong Kong; or (Amended 59 of 1994 s. 6)
(c) by notice thereof put up at the court house or at some other place of public resort.
(Replaced 24 of 1949 s. 39)

### Magistrates Ordinance 《裁判官條例》

116. Provision as to entry of appeal
(1) As soon as practicable after the appellant has lodged a notice of appeal, the magistrates’ clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the Registrar may require, and the statement by the magistrate of his findings on the facts and other grounds of his decision, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the respondent and to the Secretary for Justice as to the date, time and place fixed for the hearing of the appeal. (Amended L.N. 362 of 1997; 21 of 1999 s. 30)
(2) Where an appellant has for the purposes of section 119(a) entered into a separate recognizance or given other security for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any, and a statement as to any other such security given by the appellant. (Amended 48 of 1949 s. 8)
(3) Where any recognizance for the purposes of such an appeal as aforesaid is entered into otherwise than before the magistrate against whose decision the appeal is brought, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to the clerk to such magistrate.
(Replaced 24 of 1949 s. 39)[cf. 1933 c. 38 s. 3 U.K.]