876
THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 6, 1935
whom it was taken shall, unless previously charged with re- ceiving the same knowing it to have been stolen, be summoned before a magistrate to account for his possession of such property, and the magistrate shall make such order respecting the disposal of such property and may award such costs as the justice of the case may require.
(b) It shall be lawful for the Inspector General of Police to give such authority as aforesaid-
(i) when the premises to be searched are or within the preceding twelve months have been in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves; or
(ii) when the premises to be searched are in the occupa- tion of any person who has been convicted of any offence involving fraud or dishonesty and punishable with imprison
ment.
(c) It shall not be necessary for the Inspector General of Police on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a recept- acle for stolen goods.
Application
of
compensa-
on summary
conviction.
24 & 25
Vict. c. s. 106.
Miscellaneous.
58. Every sum of money which is ordered to be paid on fion ordered any summary conviction for the value of any property stolen or taken, or for the amount of any injury done (such value or amount to be assessed in each case by the convicting magis- Vict, 96, trate), shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be applied in the same manner as a fine: Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a fine.
First offenders,
24 & 25
59. Where any person is summarily convicted of any offence against this Ordinance, and it is a first conviction, the Viet. c. 96, magistrate may, if he thinks fit, discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the magistrate.
s. 108.
(cf. No. 41 of 1932, s. 30).
Summary conviction to bar any other pro- ceeding for the same
cause.
24 & 25 Vict. c. 96, s. 109.
Special
60. Whenever any person convicted of any offence punishable on summary conviction by virtue of this Ordinance pays the sum ordered to be paid, together with costs, under such conviction, or receives a remission thereof from the Governor, or suffers the imprisonment awarded for non-pay- ment thereof or the imprisonment ordered in the first instance, or is discharged from his conviction by any magistrate as aforesaid, he shall be released from all further or other pro- ceedings for the same cause.
Punishments.
61.--(1) Every person who commits the offence of sim- punishments. ple larceny after having been previously convicted of felony 6 & 7 Geo. 5, shall be liable to imprisonment for any term not exceeding ten
c. 50, s. 37.
years.