130
THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
Forfeiture of articles (No. 9
of 1889, s. 6.)
Penalty on person found drunk.
(35 & 36 V.
o. 94, e. 12.)
Powers of Magistrates a
to ball.
(11 & 12 V.
o. 42, s. 23.)
93. Whenever any person is found by the Police hawking without a licence or committing any offence against. Part III. of The Cattle Diseases, Slaughter-Houses, and Markets Ordinance, 1887, or any Bye-laws made, or to be made thereunder or causing any obstruction by hawking in a public thoroughfare, the Police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold by the offender before a Magistrate who shall thereupon have power upon conviction of the offender to order the forfeiture of the said articles or any of them in addition to any other fine or punishment which he may by law impose.
94. (1.) Whenever any offender is convicted of being found drunk in any public road, street or other public place, whether a building or not or on any premises licensed under The Spirit Licences Ordinance, 1886, a Magistrate may sentence him to a fine not exceeding five dollars and on a second conviction for a similar offence within a period of twelve months to a fine not exceeding ten dollars and on a third or subsequent conviction within such period of twelve months to a fine not exceeding fifteen dollars.
(2.) And whenever any offender is convicted of riotous or disorderly behaviour while drunk, in any public road, street or other public place whether a building or not, or of being drunk while in charge of any carriage, vehicle, horse or cattle in any public road, street or other public place, or of being drunk when in possession of any loaded firearms, a Magistrate may sentence such offender to a fine not exceeding twenty-five dollars or in the discretion of the Magistrate to imprisonment with or without hard labour for any period not exceeding two months.
Bail.
95. Where any person is charged with any felony or with any assault with intent to commit any felony or with. any attempt to commit any felony or with obtaining or at- tempting to obtain property by false pretences or with a mis- demeanour in receiving stolen property or obtained by false pretences or with perjury or subornation of perjury or with concealing the birth of a child by secret burying or other- wise or with wilful or indecent exposure of the person or with riot or assault upon a Police officer or constable in the exe- cution of his duty or upon any person acting in his aid or with an assault in pursuance of a conspiracy to raise wages, the Magistrate may in his discretion admit the defendant or accused to bail upon his procuring or producing such surety or sureties as in the opinion of such 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 re- cognisance (LXXIX., LXXX.) of the defendant or accused and his surety or sureties conditioned for the appearance of the defendant or accused at the time and place of trial, and that he will then surrender and take his trial and not depart the Court without leave; and in all cases where a person charged with any indictable offence shall be com- mitted to prison to take his trial for the same, it shall be lawful, at any time afterwards, and before the first day of the Criminal Sessions at which he is to be tried, or before the day to which such sessions may be adjourned, for the Magistrate who shall have signed the warrant for his com- mitment, in his discretion, to admit the accused to bail in manner aforesaid; or if such committing Magistrate shall be of opinion that for any of the offences herein before men- tioned the defendant or accused ought to be admitted to bail, he shall in such cases, and in all other cases of mis- demeanours, certify on the back of the warrant of commit- ment (LXXXI.) his consent to the defendant or accused being bailed, stating also the amount of bail which ought to be required, and it shall be lawful for a Magistrate attend- ing or being at the prison where the defendant or accused shall be in custody on production of such certificate," to admit the defendant or accused to bail in manner afore- said; and where any person shall be charged before a Magistrate with any indictable misdemeanour other than those hereinbefore mentioned, such Magistrate, after taking the examinations in writing as aforesaid, instead of com- mitting him to prison for such offence, shall admit him to bail in manner aforesaid, or if he have been committed to prison, and shall apply to any one of the Visiting Justices of the Peace of such prison or to a Magistrate before the first day of the Criminal Sessions at which he is to be tried, or before the day to which such Sessions may be adjourned to be admitted to bail such Justice of the Peace or Magis-