### Magistrates Ordinance 《裁判官條例》

19A. Plea by a corporation before a magistrate
(1) On the hearing by a magistrate of any complaint or information against a corporation, a representative may on behalf of the corporation enter a plea of guilty or not guilty.
(2) Where a representative enters a plea of not guilty under subsection (1), he may exercise the rights under section 16(1) as if he were an individual defendant against whom the complaint is made or the information laid.
(3) Section 49(4) of the Criminal Procedure Ordinance (Cap. 221) shall apply mutatis mutandis to a representative for the purposes of subsection (1) as it applies to a representative for the purposes of that section.
(4) A letter under section 18E may be addressed to the magistrate on behalf of a corporation by a director or the secretary of the corporation and that section shall apply in relation to a letter purporting to be so addressed as it applies to a letter purporting to be addressed by an individual defendant. (Amended 36 of 1976 s. 6)
(5) Subject to subsection (4), if at the time and place appointed for the hearing of a complaint or information against a corporation only the complainant or informant appears, the magistrate may, if he is satisfied that a summons was served on the corporation a reasonable time before the hearing, order a plea of not guilty to be entered and may thereupon proceed to hear and determine the case as though the corporation had duly entered a plea of not guilty. (Added 36 of 1976 s. 6)
(Added 6 of 1971 s. 2)[cf. 1967 c. 80 s. 29 U.K.]

### Magistrates Ordinance 《裁判官條例》

20. Adjournment of hearing and procedure thereon
(1) Before or during the hearing of any complaint or information, a magistrate may adjourn the hearing to such time and place and on such conditions as he thinks fit.
(2) Where the hearing is adjourned—
(a) by reason of the non-appearance of the complainant or informant, either personally or by counsel, and the magistrate is satisfied that the complainant or informant has had adequate notice of the hearing, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit; or
(b) on the application of the complainant or informant, either personally or by counsel, and the magistrate is satisfied that the application is occasioned by some default, neglect or omission on the part of the complainant, informant or his counsel, as the case may be, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit. (Amended 18 of 1981 s. 3)
(3) When adjourning the hearing of a complaint or information, the magistrate may admit the defendant to bail or commit him to prison or some other place of security or to such other custody as the magistrate may think fit. (See Forms 5-9, 18)

21. Provisions as to witnesses
(1) If it is made to appear to a magistrate, by any credible person, that any person within Hong Kong is likely to give material evidence on behalf of the complainant or informant or defendant, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at—
(a) such time and place as specified in the summons; and
(b) such time and place as may be directed in such manner as is specified in the summons,
before a magistrate to testify what he knows concerning the matter of the complaint or information. (See Form 14)

22. Power to order production of documents
The powers contained in sections 21 and 78 enabling a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accordingly. (See Forms 14-17)

### Magistrates Ordinance 《裁判官條例》

23. Variance between information and evidence
(1) In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by whom the information is heard and determined.
(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate to be such that the defendant has been thereby deceived or misled the magistrate may—
(a) adjourn the hearing of the case and if he is satisfied that the variance is due to default or neglect on the part of the complainant, informant or his counsel, as the case may be, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit; and (Amended 18 of 1981 s. 3)
(b) commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or admit him to bail, with or without surety or sureties. (See Forms 5-9)