THE HONGKONG GOVERNMENT GAZETTE, 27TH NOVEMBER, 1875.
HONGKONG.
ANNO TRICESIMO NONO VICTORIA REGINE.
JOHN GARDINER AUSTIN,
Administrator and Commander-in-Chief. No. 16 of 1875.
An Ordinance enacted by the Governor of Hongkong, Title.
with the advice of the Legislative Council thereof, to amend and consolidate the laws concerning the jurisdiction of Magistrates over indictable offences and for other purposes.
[25th November, 1875.]
WHEREAS recent investigations have raised a doubt as to Preamble. the validity of the jurisdiction hitherto exercised by Police Magistrates under Ordinances 6 of 1862 and 1 of 1863:
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited as "The Magistrates Ordi- Short title. nance, 1875."
II. The expression "Indictable," as used in this Ordinance, Interpretation. includes proceedings by information, and the expression "Magis-
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trate means Police Magistrate, unless the context indicates the
contrary.
III. There shall as heretofore be two Police Magistrates; the Folice Magistrates now in office are continued therein as fully as if Magistrates. they were appointed hereunder, and the Governor may appoint others, from time to time, as vacancies occur.
IV. The Police Magistrates shall be Justices of the Peace by Powers of virtue of their office, and shall have and may exercise all such Police powers and jurisdiction as were vested in the Police Magistrates Magistrates at the time of the passing of this Ordinance, except so far as they are hereby altered or repealed.
continued.
V. Whenever any person is brought before a Magistrate Magistrates charged with having committed, whether before or after the may convict passing of this Ordinance, any indictable offence, not being one summarily for of the following offences, that is to say:-
*
Any offence which is punishable with Death;
certain indict- able offences. (See s. 4 of 6
Any offence (except Burglary) which is punishable with of 1862.)
Penal Servitude for Life;
Any offence which is committed within the jurisdiction of
the Admiralty;
Any felony mentioned in Ordinance No. 1 of 1868.
Misprision of Treason;
Any offence against the Queen's title, prerogative, person,
or Government;
Blasphemy and offences against religion;
Perjury and subornation of perjury;
Making or suborning any other person to make a false oath, affirmation, or declaration punishable as perjury, or as a misdemeanor;
Any offence against any provision of the laws relating to
bankrupts;
Composing, printing, or publishing blasphemous, seditious,
or defamatory libels;
Defamation;
Bigamy;
Bribery;
Arson;
Forgery;
Stealing or fraudulently taking or injuring or destroying records or documents belonging to any Court of Record or relating to any proceeding therein;
Stealing, or fraudulently destroying or concealing wills or testamentary papers or any document or written instru- ment being or containing evidence of the title to any lands, or any interest in lands, tenements, or heredita-
ments:
Or any offence committed by trustees, agents, bankers, or factors and mentioned in any section between the sixtieth and seventy-first sections (both inclusive) of the Ordinance No. 7 of 1865, (Larceny),-
the Magistrate, instead of committing the offender for trial to the Supreme Court, may convict him summarily, and upon such cou- viction may sentence the offender to be imprisoned for any term not exceeding six months with or without hard labour, or to pay a fine not exceeding fifty dollars, or to be imprisoned with or without hard labour and to pay a fine, for any term and amount not exceeding six months and fifty dollars.
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