1208
:
THE HONG KONG GOVERNMENT,
Power to discharge defendant without
punishment if offence trifling.
42 & 43 Vict. c. 49, s. 16.
First Schedule. Forms Nos. 26 and 45.
First Schedule. Forms Nos. 5 and 21.
Special provisions.
DECEMBER 9 1332.
30. If, on the hearing of a charge for any offence punish- able on summary conviction, the magistrate thinks that, though the charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punish- ment, or any other than a nominal punishment :-
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(1) he may, without proceeding to conviction, dismiss the complaint or information, and may order the defendant to pay such damages, not exceeding twenty dollars, and such costs of the proceeding, or either of them, as he may think reasonable: or he may order the defendant to enter into a recognizance, with or without sureties, to be of good behaviour or to keep the peace, in a sum not greater than five hundred dollars and for a term not to exceed twelve months; or
(2) he may, on convicting the defendant, discharge Lim conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good be- haviour or to keep the peace, and either without payment of damages and costs or subject to the payment of such damages and costs, or either of them, as he may think reasonable : Provided that the security required shall not exceed five hundred dollars and the time during which the defendant may be called upon to appear for sentence or during which he is to be of good behaviour or is to keep the peace shall not exceed twelve months.
(3) The magistrate may order the defendant in default of compliance with any order made under this section to be imprisoned without hard labour for any term not exceeding six months.
Reduction
of imprison-
payment
of fine.
4 & 5 Geo. 5.
31.--(1) Subject to the provisions of sub-sections (2) and ment on part (3), where a term of imprisonment is imposed by a magistrate in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on pay- c. 58, s. 31). ment of a part of such sum to any person authorised by a magistrate to receive it, be reduced by a number of days bear- ing as nearly as possible the same proportion to the total num- ber of days in the term as the sum paid bears to the sum adjudged to be paid.
(2) Notwithstanding the provisions of sub-section (1), no- person who has been sentenced to imprisonment in default of payment of a sum adjudged to be paid by a conviction or order shall be entitled to be discharged on the first day of his impri- sonment except upon the payment in full of the sum in respect of which the sentence of imprisonment was imposed.
(3) Notwithstanding the provisions of sub-section (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules any remis- sion of the sentence, the term of his imprisonment shall for the purposes of sub-section (1) be deemed, at any given time, to have been reduced by such period of remission as may at the time stand to his credit.
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