### Magistrates Ordinance 《裁判官條例》

122. Treatment of appellants pending appeal or re-hearing
(1) A judge may, on the application of an appellant who is in custody, order the appellant to be brought up to the court in custody for the purpose of attending his appeal or any application or any proceeding therein.
(2) Without prejudice to subsection (1), a judge may, on the application of an appellant who is in custody, admit the appellant to bail pending the determination of his appeal or any proceeding therein.
(3) The time during which an appellant is held in custody pending the determination of his appeal or any application or proceeding therein shall, subject to any direction which a judge may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(4) Where an appellant is admitted to bail under subsection (2) or under section 119(a), the time during which he is at large after being so admitted shall not be reckoned as part of the term of any sentence to which he is for the time being subject.
(5) The term of any sentence passed by a judge on an appeal shall, unless a judge otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
(6) Section 119(a) and subsections (1) to (5) of this section shall apply to the case of a review under the provisions of section 104, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review. 
(Replaced 58 of 1974 s. 3)

123. Right of Secretary for Justice to substitute himself as a party in appeals in certain cases
In the case of any appeal to which section 105 or 113 applies from a determination relating to or connected with an offence it shall be lawful for the Secretary for Justice, if he is not already a party to cause himself to be substituted as a party in lieu of the complainant or informant at any time before the date fixed for the hearing of the appeal by notice in writing to such complainant or informant and to the Registrar and thereupon such complainant or informant shall cease to be a party to any further proceedings and the Secretary for Justice shall be deemed to be a party.
(Replaced 24 of 1949 s. 39. Amended L.N. 362 of 1997)

### Magistrates Ordinance 《裁判官條例》

124. Provisions for costs in cases where the Secretary for Justice has intervened
Notwithstanding the provisions of sections 14 and 123 a complainant or informant shall remain liable to pay and be entitled to recover, as the case may be, the costs incurred prior to the date when he ceases to be a party to the proceedings by reason of the intervention of the Secretary for Justice, and in making any order as to costs a magistrate and the court shall have regard to such intervention and may in his or their discretion and in such manner as he or they may think fit apportion the right to recover costs or the liability to pay costs, as the case may be, between such complainant or informant and the Secretary for Justice:
Provided that no order shall be made which would result in a defendant being called upon to pay by way of costs a greater sum than would have been payable had intervention not taken place.(Added 9 of 1950 Schedule. Amended L.N. 362 of 1997)

125. Action against magistrate for act within his jurisdiction
In every action brought against any magistrate for any act done by him in the execution of his duty as such magistrate, with respect to any matter within his jurisdiction as such magistrate, it shall be expressly alleged that such act was done maliciously and without reasonable and probable cause; and if at the trial of any such action the plaintiff fails to prove such allegation, he shall be nonsuit or the judgment or verdict, as the case may be, shall be for the defendant.
[cf. 1848 c. 44 s. 1 U.K.]

### Magistrates Ordinance 《裁判官條例》

126. Action for act done without or in excess of jurisdiction
(1) For any act done by a magistrate in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued by the magistrate in any such matter, may maintain an action against the magistrate in the same form and in the same case as he might have done before the commencement of this Ordinance, without making any allegation in his pleadings that the act complained of was done maliciously and without reasonable and probable cause:
Provided, nevertheless, that no such action shall be brought for anything done under such conviction or order until after such conviction or order has been quashed, either on appeal to the Court of Appeal or on application to the court, nor shall any such action be brought for anything done under any such warrant which has been issued by the magistrate to procure the appearance of such party, and which has been followed by a conviction or order in the same matter, until after such conviction or order has been so quashed as aforesaid; or if such last-mentioned warrant has not been followed by any such conviction or order, or if it is a warrant on an information for an alleged indictable offence, nevertheless, if a summons was issued previously to the warrant, and such summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of the summons, in such case no such action shall be maintained against the magistrate for anything done under warrant.
(2) In any action under this section it shall be a good defence that the act complained of was not done maliciously and without reasonable and probable cause, and the onus of proving the same shall rest with the magistrate. (Added 2 of 1955 s. 9)
(3) Save under and in accordance with the provisions of this section no action shall lie in any civil court against a magistrate for any act done in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction. (Added 2 of 1955 s. 9)
[cf. 1848 c. 44 s. 2 U.K.]

127. Action to be against convicting magistrate
Where a conviction or order is made by one magistrate and a warrant of distress or of commitment is granted thereon by another magistrate bona fide and without collusion, no action shall be brought against the magistrate who so granted the warrant by reason of any defect in the conviction or order, or for any want of jurisdiction in the magistrate who made the same, but the action, if any, shall be brought against the magistrate who made the conviction or order.
[cf. 1848 c. 44 s. 3 U.K.]