Judicial Proceedings (Adjournment During Gale Warnings) Ordinance 1969

by Legislative Council of Hong Kong

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HONG KONG

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No. 37 of 1969.

An Ordinance to provide for the adjournment of judicial proceedings during a gale warning and for matters incidental thereto or connected herewith.

[4th July, 1969.]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

Short title. 1. This Ordinance may be cited as the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance 1969.

Interpretation. 2. In this Ordinance, unless the context otherwise requires—

“adjourned hearing” means the resumed hearing of any judicial proceedings adjourned by or under this Ordinance;

“Director” means the Director of the Royal Observatory in the Colony;

“gale warning” means a warning of the occurrence of a tropical cyclone in, or in the vicinity of, the Colony by the display of any of the local visual storm warning signals referred to in section 5;

“judicial proceedings” means any proceedings before a court, tribunal, commission or other person having by law power to receive evidence on oath;

“period of adjournment” means a period during which any judicial proceedings are adjourned by section 3 or 6;

“tropical cyclone" means a tropical depression, a tropical storm, a severe tropical storm and a typhoon.

Adjournment of judicial proceedings during gale warning. 3. (1) All judicial proceedings, part-heard or otherwise, which are set down for hearing or are being conducted at a time which falls within the duration of a gale warning shall stand and remain adjourned until resumed in accordance with section 4.

(2) Notwithstanding the provisions of subsection (1) any judicial proceedings may be continued during a gale warning and if so continued shall have full effect in law.

Resumption of adjourned judicial proceedings. 4. Any judicial proceedings adjourned by virtue of section 3 shall be resumed on the next day, which is not a public holiday, after the day on which the gale warning ceases at the time and place specified for such proceedings on the date of such adjournment under section 3.

Duration of gale warning. 5. (1) For the purposes of this Ordinance a gale warning shall—

(a) be deemed to have commenced at the time when the Director hoists at the Royal Observatory any of the local visual storm warning signals commonly referred to as No. 5, 6, 7, 8, 9 or 10; and

(b) be deemed to have ceased at the time when such local storm warning signals are lowered.

(2) As soon as practicable after a gale warning ceases the Director shall by notice in the Gazette declare the times at which and the days on which the gale warning commenced and ceased.

Chief Justice may adjourn judicial proceedings. 6. (1) Notwithstanding sections 3 and 4, the Chief Justice may by order provide for the adjournment and resumption of any judicial proceedings if, in his opinion, it is expedient to do so by reason of a tropical cyclone or of any circumstances arising therefrom.

(2) Any order made under subsection (1) shall be published in the Gazette as soon as practicable after the making thereof.

Attendance at adjourned hearing. 7. (1) Any person who—

(a) being a prosecutor or witness, is bound over, by recognizance or otherwise, to appear in, or attend at, any judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment;

(b) being a defendant or an accused, is admitted to bail or is otherwise required to appear in, or attend at, any judicial proceedings set down for hearing on a day and at a time which falls within a period of adjournment,

shall attend the adjourned hearing.

(2) Any person who is remanded in custody and is required to be produced before a court for purposes of any judicial proceedings on a day and at a time which falls within a period of adjournment shall be produced before the court at the adjourned hearing.

Persons arrested or detained by police.
(Cap. 232.) 8. (1) Where a person is discharged under subsection (1) of section 52 of the Police Force Ordinance upon his entering into a recognizance, with or without sureties, to appear before a magistrate or to surrender for service of a warrant of arrest and detention or for discharge at the time named in the recognizance and such time falls within the duration of a gale warning the time shall be deemed to be extended until the same time on the next day, which is not a public holiday, after the day on which the gale warning ceases.

(2) Where any person is detained in custody under subsection (1) or (4) of section 52 of the Police Force Ordinance during a gale warning and it is not practicable to produce the person before a magistrate within the time limit prescribed in the said subsection (1) or (4), as the case may be, he shall be produced before a magistrate on the next day, which is not a public holiday, after the day on which the gale warning ceases.

Attendance on summons, etc. 9. (1) Any person who is required by a summons or other court process or otherwise to attend any judicial proceedings on a day and at a time which falls within a period of adjournment shall attend the adjourned hearing.

(2) Any person who is required by a subpoena or otherwise to produce any document or other thing at any judicial proceedings on a day and at a time which falls within a period of adjournment shall produce the document or other thing at the adjourned hearing.

Computation of time. 10. In computing time for the purposes of any Ordinance, any day on which—

(a) a gale warning is in force; or

(b) judicial proceedings are adjourned by an order under section 6,

shall not be reckoned in the computation of that time.

Penalty for wilful default. 11. A person who fails to comply with any of the provisions of section 7, 8 or 9 shall not incur any penalty for such default unless the default is wilful.

Passed by the Hong Kong Legislative Council this 2nd day of July, 1969.

D. Barton,
Deputy Clerk of Councils.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

D. Barton,
Deputy Clerk of Councils.