THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
Future Ordinance or Statute means any Ordinance or
Act of Parliament which shall conie into force in the Colony after the coming into operation of this Ordinance.
Fine includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction or order.
Sum adjudged to be paid by a conviction and sum al- judged to be paid by an order respectively include any costs adjudged to be paid by the conviction or order as the case may be, of which the amount is ascertained by such conviction or order. Appellant means the party appealing under Part VII. of this Ordinance from a decision of a Magis- trate or two Magistrates sitting together. Party includes the Crown and also any person ag- grieved within the meaning of sections 99 and 104 of this Ordinance.
Respondent means the opposite party or parties whose interests conflict with the interest of any person appealing within the meaning of the said last mentioned section.
Prison means the Victoria Gaol, and shall also include any other site and building or place set apart for the purposes of a Prison by order of the Governor. 3. The Ordinances mentioned in the 1st Schedule hereto to the extent mentioned in the third column of that schedule are hereby repealed.
Provided that such repeals shall not be taken to revive any Ordinance repealed by any Ordinance mentioned in the schedule nor shall affect
(1.) Anything duly done or suffered before the coming into operation of this Ordinance under any Ordi- nance hereby repealed
(2.) Any right or privilege acquired or any liability incurred before the coming into operation of this Ordinance under any Ordinance hereby repealed; (3.) Any imprisonment, fine, forfeiture or other pun- ishment incurred or to be incurred in respect of any offence committed before the coming into operation of this Ordinance under any Ordinance hereby repealed; or
(4.) The prosecution to its termination of any investi- gation or legal proceeding or any other remedy for prosecuting any such offence or ascertaining, enforcing or recovering any such liability, impri- sonment, fine, forfeiture or punishment as afore- said commenced or instituted before the coming into operation of this Ordinance, and any such investigation legal proceeding and remedy may be carried on as if this repeal had not been enacted.
Where any unrepealed Ordinance incorporates or refers to any provisions of any Ordinance hereby repealed, such unrepealed Ordinance shall be deemed to incorporate or refer to the corresponding provisions of this Ordinance.
4. The provisions of this Ordinance which enable a Magistrate notwithstanding any enactment to the contrary to impose imprisonment without hard labour and to reduce the prescribed period thereof or to do either of such acts and in the case of a fine if it be imposed as in respect of a first offence to reduce the prescribed amount thereof and in the case of imprisonment to impose a fine in lieu of imprison- ment, shall not apply to any proceedings taken under any Act of Parliament relating to any of Her Majesty's regular or auxiliary forces.
5. (1.) Nothing in this Ordinance shall authorise a Magis- trate to reduce the amount of fine, where the Ordinance or Statute prescribing such amount, carries into effect a treaty convention or agreement with a foreign State and such treaty convention or agreement stipulates for a fine of a minimum amount.
(2.) Nothing in this Ordinance shall affect any special procedure provided in any Ordinance not hereby repealed.
6. The forms in the 2nd Schedule hereto or forms to the like effect, with such variations or additions as circum- stances may require, shall be deemed good, valid and suffi- cient in law. Reference to the forms in the said schedule is made in the following parts of this Ordinance in connection with the subjects to which they respectively relate by the insertion of numbers corresponding to the numbers of the said forms.
Repeals.
Saving for arny, navy and marina Acts. (42 & 43 V. C. 49, s. 52.)
Construction. and applica- tion.
(Ibid., n. 54.)
Forms.
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