### Magistrates Ordinance 《裁判官條例》

31. Form and execution of warrant, etc.
(1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any police officer by name or generally to all the police officers within Hong Kong. (Amended 59 of 1994 s. 6)
(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or otherwise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.
(3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed or until it is withdrawn by any magistrate. (Amended 32 of 1966 s. 2)
(4) The warrant may be executed by apprehending the defendant at any place within Hong Kong or the waters thereof; in every case where the warrant is directed to all police officers within Hong Kong, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name: (Amended 59 of 1994 s. 6)
Provided that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the complainant or informant but if any such variance appears to the magistrate at the hearing to be such that the party apprehended has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to admit him to bail. (See Forms 6-9)

32. Non-avoidance of summons or warrant by death of magistrate
Any warrant or summons issued by a magistrate under this or any other enactment shall not be avoided by reason of the magistrate who signed the same dying or ceasing to hold office.
(Amended 25 of 1998 s. 2)[cf. 1879 c. 49 s. 37 U.K.]

### Magistrates Ordinance 《裁判官條例》

33. Description of offences, exceptions, exemptions, etc. warrants, forfeiture, etc.
The following provisions shall apply to proceeding before magistrates—
(a) the provisions of the Indictment Rules (Cap. 221 sub. leg. C) which relate to the description of an offence in an indictment; (Replaced 36 of 1976 s. 9. Amended E.R. 2 of 2018)
(b) (Repealed 5 of 1971 s. 13)(c) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same;
(d) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in execution of a warrant of distress; and
(e) all goods forfeited by order of a magistrate may be sold in such manner as the magistrate may direct.
[cf. 1879 c. 49 s. 39 U.K.]

34. Minute of proceedings
(1) In all proceedings under this Part the magistrate at the hearing shall take or cause to be taken a full minute in writing, or a record whether by means of shorthand notes or mechanical means or otherwise, so far as circumstances permit, of the following matters— (See Form 19)

### Magistrates Ordinance 《裁判官條例》

35. Register of cases and proof thereof
(1) The magistrates’ clerk shall keep a register in the prescribed form of the minutes or memoranda of all the convictions and orders of the magistrate and of such other proceedings as are directed by rules made under section 133 to be registered. (Amended 2 of 1955 s. 4)
(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3) The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.
(4) Every sum paid to the magistrates’ clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by rules made under section 133.
(5) (Repealed 14 of 1979 s. 2)[cf. 1879 c. 49 s. 22 U.K.]