THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.
Scale of imprisonment for non-payment of money, etc.
imprisonment
of money
paid, etc.
62. Unless in any enactment it is otherwise provided, Scale of the period of imprisonment, with or without hard labour, for non- which may be imposed by a magistrate exercising summary payment jurisdiction, in respect of the non-payment of any sum of adjudged to money adjudged to be paid by a conviction, whether it be a to he fine or in respect of the property the subject of the offence, 42 & 43 Vict. or in respect of the injury done by the offender, or in respect c. 49, s. 5. of the default of a suflicient distress to satisfy any such sum, (cf. ss. 48, shall be such period as, in the opinion of the magistrate, will 94 & 95). satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale :-
Where the amount-
does not exceed $1
exceeds $ 1 but does not exceed$
$ 5
$ 10
"
,
$ 50
$150
the period of imprisonment
shall not exceed--
7 days 14
"
1 month
5
$ 10
8.50
2 months
$150
3
6
Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the sentence.
This section shall apply to fines imposed by a marine (cf. No. 10 magistrate under the Merchant Shipping Ordinance, 1899.
Costs.
of 1899.)
Power to
award costs and recovery
c. 43, s. 18.
63.-1) In every case of summary conviction or of an order made by a magistrate, except as provided in section 65, it shall be lawful for the magistrate making the same to award thereof by and order in and by the conviction or order that the defend- distress. ant shall pay to the complainant or informant respectively such 11 & 12 Vict. costs as to him may seem just and reasonable in that behalf, but not in any case exceeding five dollars; and in any case where the magistrate, instead of convicting or making an order as aforesaid, dismisses the complaint or information, it shall be lawful for him, in and by his order of dismissal, to award and order that the complainant or informant respectively shall pay to the defendant such costs as to him may seem just and reasonable, but not in any case exceeding five dollars.
(2) The sum so allowed for costs shall in every case be specified in the conviction or order or order of dismissal as aforesaid, and the same shall be recoverable in the same manner and under the same warrants as a fine or a sum of money adjudged to be paid in and by such conviction or order is to be recoverable, and in any case where there is no such fine or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party or by imprisonment for any term not exceeding fourteen days, unless such costs shall be sooner paid.
for com-
64. Where a complaint or information is dismissed with Procedure costs, the sum awarded for costs in the order for dismissal
may pelling be levied by distress on the goods and chattels of the com- prosecutor plainant or informant, and, in default of distress or payment, to pay costs. the complainant or informant may be committed to prison, c. 43, s. 26.
11 & 12 Vict.
1219