### Magistrates Ordinance 《裁判官條例》

105. Application to state case on point of law
Within 14 clear days after the hearing and determination by a magistrate of any complaint, information, charge or other proceeding which he has power to determine in a summary way, either party thereto or any person aggrieved thereby who desires to question by way of appeal any conviction, order, determination or other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the magistrate to state and sign a case setting forth the facts and the grounds on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for the opinion of a judge. In the case of any determination which a magistrate has power to determine in a summary way and which relates to or is connected with an offence the Secretary for Justice shall notwithstanding that he may not be deemed to be a party, have a similar right to apply for a case to be stated as that hereinbefore afforded to the parties and upon the exercise of such right by the Secretary for Justice the complainant or informant shall cease to be a party to any further proceedings. (See Forms 95, 97)

106. Transmission of case to Registrar and notice to respondent
The appellant shall, within 14 days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before the magistrate, hereinafter referred to as the respondent, and, in any case in which the Secretary for Justice is neither the appellant nor deemed to be a party but is entitled to apply for a case to be stated, also to the Secretary for Justice.
(Replaced 24 of 1949 s. 39. Amended L.N. 362 of 1997)

107. Amendment of case by magistrate
After the delivery of a case to the appellant as aforesaid but before the commencement of the hearing by a judge, it shall be lawful for the magistrate on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit:
Provided that if the case is so amended the provisions of sections 106 and 108 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.(Replaced 24 of 1949 s. 39)

### Magistrates Ordinance 《裁判官條例》

108. Setting down case for argument
When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party 4 clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by a judge: (Amended 92 of 1975 s. 58)
Provided that the party setting down the case for argument shall give to the Secretary for Justice and the respondent 4 clear days’ notice of the day appointed therefor.(Replaced 24 of 1949 s. 39. Amended L.N. 362 of 1997)

109. Judge may send case back for amendment
The judge shall have power, if he thinks fit, to cause the case stated for his opinion to be sent back to the magistrate for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after the same has been amended.
(Replaced 24 of 1949 s. 39)[cf. 1957 c. 43 s. 7 U.K.]

110. Giving of security by appellant and fees for appeals under section 105
(1) The appellant shall, within 3 weeks from the making of an application under section 105, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Court of Appeal and to pay such costs as may be awarded by the judge or Court of Appeal or, with the magistrate’s consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates’ clerk, or otherwise, as the magistrate may deem sufficient. (See Forms 98, 99)

111. Refusal to state or amend a case
If the magistrate is of opinion that the application to state a case is merely frivolous, but not otherwise, he may refuse to state a case and shall, on the request of the party or person applying therefor, sign and deliver to him a certificate of such refusal, on payment of the sum of $2: (See Form 96)

### Magistrates Ordinance 《裁判官條例》

112. Compelling magistrate to state or amend a case
Where a magistrate refuses to state a case or amend the case stated, the judge may, on the application of the person who applied for a case to be stated or the case stated to be amended, make an order of mandamus requiring the magistrate to state a case or amend the case stated.
(Replaced 2 of 1955 s. 6. Amended 92 of 1975 s. 58)[cf. 1952 c. 55 s. 87(6) U.K.]

113. Right of appeal from magistrate in any matter
(1) Any person aggrieved by any conviction, order or determination of a magistrate in respect of or in connection with any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction, order or determination, in manner hereinafter provided to a judge. [cf. 1914 c. 58 s. 37(1) U.K.]
(2) Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge against his sentence unless the sentence is one fixed by law. [cf. 1925 c. 86 s. 25 U.K.]
(3) After the hearing and determination of any complaint or other proceeding which a magistrate has power to determine in a summary way other than a determination or proceeding relating to or in connection with an offence either party thereto may appeal from such order or determination of such magistrate to a judge.
(Replaced 24 of 1949 s. 39. Amended 92 of 1975 s. 58)