THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
PART VI. Special Powers.
83. Where any person is accused of stealing from the person or of any offence within the meaning of sections 49, 50 and 51 of Ordinance No. 4 of 1865 entitled An Ordinance to consolidate and amend the enactments in force in this Colony relating to offences against the person it shall be lawful for two "Magistrates to sit together to hear the case and they may if they think fit summarily convict the accused and sentence him to be imprisoned for any term not excceding two years with or without hard labour, or they may commit the accused for trial before the Court.
84. If in any case where two Magistrates sit together they are unable to agree in their decision whether, the defendant or accused be guilty or not guilty, he shall be committed for trial before the Court.
35. Whenever any male offender shall be convicted by a Magistrate under section 28 of Ordinance No. 7 of 1865 of stealing any ornament or other chattel attached to the person of any child or woman such Magistrate may in addition to the punishment awarded for such crime direct. that such offender be once or twice privately whipped.
Powers of two Magistrates *itting together. (No. 16 of 1975, s. 5. No. 8 of 1889.)
Course where two Magis- trates disagree.
Power of Magistrates to impose whipping. (No. 16 of 1887, s. 2.)
Juvenile thieves may be whipped. (No. 16 of 1975,
86. Whenever any male offender, whose age appears to the Magistrate not to exceed sixteen years, is convicted, of larceny, or of any offence which now or at any time. 8.) hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny, the convicting Magistrate may sentence him to be once or twice privately whipped with any number of strokes not exceeding twelve at one time, in lieu of or in addition to any other punishment to which such offender is liable.
87. Whenever a Magistrate under this or any other Ordinance sentences an offender to be whipped, he shall, in his sentence, specify the number of strokes to be in- flicted and such number shall not, in any case, exceed thirty-six strokes at any one time, and shall be inflicted with a rattan on the breech.
88. A Magistrate may sentence any offender to be publicly exposed in the stocks for any period not exceed- ing six hours, in lieu of any punishment to which such offender is liable under this or any other Ordinance.
89. On the conviction of any person of any offence by which injury or loss to person or property shall have accrued, the convicting Magistrate may order the offender to pay to the person aggrieved, reasonable compensation not exceeding fifty dollars, in addition to any fine or punishment to which he is sentenced.
90. If any person uses any threatening or insulting expression to or concerning, or in the presence of a Magis- trate, when acting in the discharge of any magisterial duty, such Magistrate may summarily sentence the offender to be imprisoned with or without hard labour for any term not exceeding two months, or to pay a fine of any amount not exceeding fifty dollars: and if such fine be not paid forthwith, such Magistrate may order that the offender be imprisoned for any term not exceeding two months unless the amount be sooner paid.
91. If it appears to a Magistrate:
(1.) That any charge or complaint was maliciously preferred without reasonable or probable cause, such Magistrate may, upon the appli- cation of the person against whom such charge or complaint was made, order the complainant to pay to such person reason- able compensation not exceeding fifty dol- lars: Provided that the award of any such compensation shall be a bar to any civil pro- ceeding for damages by reason of such charge or complaint having been made. (2.) That any witness has wilfully given false testi- mony, such Magistrate may order such witness to pay a fine not exceeding fifty dol- lars.
92. Whenever a Magistrate awards a pecuniary penalty or amends for any offence under Ordinance No. 14 of 1845 and the same is not paid forthwith the Magistrate may commit the offender to prison with or without hard labour for any term not exceeding six months unless the sum re- maining unpaid be sooner paid.
Amount of whipping, and mode of infliction. (Ibid., 8. 9.)
Punishment
of the stocks. (Ibid., 8, 10.)
Compensation may be awarded in addition to punishment. (Ibid., s. 11.)
Power to commit persons using insulting Janguage to
or in presence of Magistrate. (Ibid., s. 16.)
Compensation
or penalty for malicious prosecution or false testi- mony.
(Ibid., s. 17.)
Imprisonment for non- payment of fines. (No. 16 of 1875, 9. 20.)
129