单词 | Triable summarily |
释义 | 可循簡易程序審訊 Triable by a magistrate, in accordance with the provisions of the Magistrates Ordinance (Cap 227): Interpretation and General Clauses Ordinance (Cap 1) s 3. Whenever any person is accused before a permanent magistrate of any indictable offence with the specified exemptions, or before a special magistrate of any indictable offence except certain offences specified, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily: Magistrates Ordinance (Cap 227) ss 91, 92. Where an indictable offence is triable summarily the procedure shall, until the magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the magistrate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of the Magistrates Ordinance relating to offences punishable on summary conviction shall apply accordingly: s 93(a). The conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court: s 93(c). The consent of the prosecutor must be obtained before the indictable offence can be dealt with summarily: s 94A. |
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