F
1230
THE HONG KONG GC
Imprison- ment for
ENT GAZETTE, DECEMBER 9, 1932.
if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;
(b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and
(c) if the compensation or fine is not forthwith paid. the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 62.
95. Whenever a magistrate awards a pecuniary penalty non-payment or amends for any offence under the Summary Offences Ordin- of fine under ance, 1932, and the same is not forthwith paid, the magistrate may commit the offender to prison, with or without hard labour, in accordance with the scale in section 62.
Ordinance.
Forfeiture of articles
in certain
cases.
96. Whenever any person is found by the police hawking without a licence, or committing any offence against any Ordin- ance relating to markets, or causing any obstruction by hawk- ing in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall thereupon have power, on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or substitution for any other fine or punishment which he may by law impose.
Provisions relating to bail
First Schedule. Forms Nos. 78 and 79.
>
Bail.
97.--(1) No magistrate or justice of the peace shall admit any person to bail for treason or murder, nor shall such person be admitted to bail except by order of a judge.
(2) Where a person is charged with felony, or with assault with intent to commit a felony, or with an attempt to commit a felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving stolen property or property obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot or assault upon a police officer in the execution of his duty or upon any person acting in his aid, or with an assault in pursuance of a con- spiracy to raise the rate of wages, a magistrate may in his discretion admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence; and thereupon the magistrate shall take the recognizance of the accused and his surety or sureties con- ditioned for the appearance of the accused at the time and place of trial and that he will then surrender and take his trial and will not depart the court without leave.