618 THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 18TH APRIL, 1899.
Imprison-
ment with
imposed under this Ordinance to imprisonment with hard labour for any period not exceeding one month. Every such Court shall also have power in lien of inflicting imprisonment to punish any person convicted before it of any offence with one flogging not exceeding twelve strokes at any one time, and every such flogging shall be reported to the Colonial Secretary and shall be carried out in such manner as the Governor may direct.
15. All persous sentenced under this Ordinance, by any District or Sub-district Court, to imprisonment with hard hard labour labour, may be confined in such lock-up as the Governor explained. Rules as to
may appoint for such purpose and shall, while undergoing treatment of sentence, be subject as to diet, treatment, class of labour prisoners. and otherwise, to such Rules as the Governor-in-Council may make in that behalf. The Governor-in-Council is hereby authorized to make such Rules.
Interested
16. No person having any pecuniary interest in the sub- parties not to jeet matter of the litigation shall take part in the adjudica- adjudicate. tion of any civil or eriminal case.
Penalty for false or fri- volous case.
Form of declaration penalty for perjury,
Service of process and
execution of judgments
and
sentences.
Jurisdiction
of Magis- trate. Withdrawal
of case from
District or
Sub-district
Court, Kules of procedure for the
17. If it shall appear to any such Court that any case has been falsely and maliciously or upon frivolous or vexa- tious grounds instituted therein, it shall be lawful for such Court to sentence the party instituting such case to a fiuc not exceeding ten dollars, and to award such fine or any part thereof to the aggrieved party; and if such aggrieved party shall accept the same, he shall not be entitled to have or maintain any suit for the recovery of damages in respect of the injury sustained by him by reason of such false and malicious, or frivolous, or vexatious prosecution.
18. It shall be lawful for any president of any such Court, for the purposes of the jurisdiction and duties hereby conferred upon him, and he is hereby authorised to admi- nister to any witness the following declaration in Chinese:- "You shall speak the truth, the whole truth and nothing but the truth in your evidence in this case"; and, if any person shall in the unanimous opinion of the members of such Court wilfully give false evidence in open Court, such person so offending shall be subject to the payment of a fine not exceeding ten dollars or to imprisonment with hard labour for any period not exceeding one month, and the president may make a summary order for the punish- ment of such person accordingly, without any prosecution for perjury being instituted.
19. Every watchman shall be bound, within the District or Sub-district to which he belongs, to execute all judgments and sentences when so required or directed, and to serve and execute all documents and processes in all cases which he may be required or directed by any District or Sub-district Court or any President thereof to serve or execute according to the extent of its jurisdiction, and to report such service or execution to such Court or president, as the case may be, and to receive into eustody and detain all such persons as shall by such Court or president be committed to his charge and to take them to the lock-up if they are sen- tenced to imprisonment or their detention is ordered.
20. In addition to his ordinary jurisdiction a Magistrate shall have jurisdiction to inquire into, try and determine or commit for trial any case which any District or Sub-district Court may deal with, and he may withdraw any case which is being investigated by any such Court from such Court and may himself inquire into and deal with such case.
21. It shall be lawful for the Governor-in-Council from time to time to make Rules (subject to the provisions of this Ordinance, and not inconsistent therewith) to be observed Sub-district by the District and Sub-district Courts hereby created, touching and concerning all or any of the following
District and
Courts.
matters:—
(1.) The form and manner of proceeding to be observed
in cases before them;
(2.) The process to be issued by them, and the mode of
enforcing the same;
(3.) The execution of judgments and sentences, the seizure and sale of movable and immovable property, and the disposal of claims in exccution;
(4) The form, time, and mode of appealing from their
decisions;
(5.) The summoning of members of the Court to be
present at its sittings: