472
THE HONGKONG GOVERNMENT GAZETTE, 27TH NOVEMBER, 1875.
Magistrates
may award a year's
imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile
thieves may be whipped.
(See S. 6 of 9
of 1807.)
Amount of
The Magistrate may also direct that the offender be kept in solitary confinement for any portion of his term of imprison- ment not exceeding fourteen days at any one time and not ex- ceeding one month in the whole.
The Magistrate may nevertheless, if he thinks fit, commit any such person for trial to the Supreme Court.
VI. Whenever an offender is convicted by a Magistrate of a common assault, the Magistrate may sentence him to be impri- soned for any term not exceeding one year with or without hard labour, but without fine, if the term of sentence exceeds six months.
VII. Whenever any male offender is convicted by a Magis- trate under the powers herein conferred of any of the following offences a second time, or under aggravated circumstances, that is to say :--
Indecent assault,
Indecent exposure of his person,
Assault with intent to rob,
Common assault, committed in a brothel,
Common assault, committed at or in connection with
any riotous assemblage,
Malicious injury to property;
or, under the Magistrates' summary jurisdiction, of either of the following offences a second time, or under aggravated circum- stances, that is to say:-
Indecent exposure of his person,
Malicious injury to property;
the Magistrate may, in addition to any other punishment, sentence the offender to be once or twice publicly or privately whipped.
VIII. Whenever any male offender, whose age appears to the Magistrate not to exceed sixteen years, is convicted, under the powers herein conferred, of Larceny, or of any offence which now or at any time 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 whip- ped with any number of strokes not exceeding twenty, in lieu of or in addition to any other punishment to which such offender is liable.
IX. Whenever a Magistrate under this or any other Ordi- whipping, and nance sentences an offender to be whipped, he shall, in his sentence, specify the number of strokes to be inflicted, and such. number shall not, in any case, exceed thirty-six strokes, and shall be inflicted with a rattan.
mode of infliction.
(See s. 6 of 6
of 1862.)
Punishment of the stocks. (See s. 25 of 10 of 1844.)
Compensation may be
awarded in addition to
punishment. (See s. 7 of 6
of 1862.)
Recovery of fines and amends.
X. A Magistrate may sentence any offender to be publicly exposed in the stocks for any period not exceeding six hours, in lieu of the whole or any part of any punishment to which such offender is liable under this or any other Ordinance, or in addition thereto.
XI. On the conviction of any person of any offence by which injury or loss to person or property shall have accrued, the con- victing Magistrate may order the offender to pay to the person aggrieved reasonable compensation not exceeding fifty dollars, in addition to any penalty or punishment to which he is sentenced.
XII. If any offender convicted under this Ordinance fails to pay any fine or compensation on conviction, or within such (See s. 8 of 6 further time as the Magistrate allows, the Magistrate may cause the amount to be levied by distress on the goods and chattels of the offender;
of 1862.)
Powers of two
Or may order that the offender be imprisoned with or without hard labour for any period not exceeding, together with any other imprisonment to which he is sentenced for his offence, the term of six months in the whole, unless the amount be sooner paid;
And in case the amount be not fully recovered by distress, the Magistrate may order that the offender be imprisoned with or without hard labour for the like period, unless the amount be sooner paid.
XIII. Whenever any person is brought before two Magistrates Magistrates. sitting together charged with stealing from the person, or with (See s. 3 of 1 of 1863.)
any offence against the provisions of sections XLIX, L, or LI of the Ordinance No. 4 of 1865, (offences against the person), the (See s. 3 of 3 of Magistrates may, if they think fit, summarily convict the offender, 1868.) and sentence him to be imprisoned for any term not exceeding two years with or without hard labour, or they may commit him in the usual way for trial to the Supreme Court.
Powers of
XIV. The Marine Magistrate shall have the power of a Police Marine Magis- Magistrate to hear and determine cases of assault, and assault
and battery unaccompanied by an intent to commit felony.
trate.