THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.
t answer directly to such Question, the Jury shall then be charged to inquire concern- ing such previous Conviction or Convictions, and in such Case it shall not be necessary to swear the Jury again, but the Oath already taken by them shall for all Purposes be deemed to extend to such last-mentioned Inquiry: Provided, that if upon the Trial of ny Person for any such subsequent Offence such Person shall give Evidence of his good Character, it shall be lawful for the Attorney General, in answer thereto, to give Evi- once of the Conviction of such Person for the previous Offence or Offences before such Verdict of Guilty shall be returned, and the Jury shall inquire concerning such previous Conviction or Convictions at the same Time that they inquire concerning such subse- quent Offence.
95. Whenever Imprisonment, with or without Hard Labour, may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, in the Manner hitherto used and approved in this Colony.
247
Hard Labour.
Confine-
96 Whenever Solitary Confinement may be awarded for any indictable Offence Solitary under this Ordinance, the Court may direct the Offender to be kept in Solitary ment and Whipping. Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year; and whenever Whipping may be awarded for any in- dictable Offence under this Ordinance, the Court may sentence the Offender to be once privately whipped, and the Number of Strokes and the Instrument with which they shall be inflicted shall be specified by the Court in the Sentence.
for keeping the Peace, In what Cases.
97. Whenever any Person shall be convicted of any indictable Misdemeanor Fine and Suretics publishable under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any of the Punishments by this Ordinance authorized fine the Offender, and require him to enter into his own Recognizances and to find Sureties, both or either, for keeping the Peace and being of good Behaviour; and in case of any Felony punish- able under this Ordinance the Court may, if it shall think fit, require the Offender to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized: Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year.
be quashed for Want
98. No Summary Conviction under this Ordinance shall be quashed for Want of No Summary Con- Form; and no Warrant of Commitment shall be held void by reason of any Defect viction or Warant to therein, provided it be therein alleged that the Party has been convicted, and there be a of Form, good and valid Conviction to sustain the same.
of Summary Convic tion.
99. Every Offence under this Ordinance made punishable on Summary Conviction Procedure in Cases by a Police Magistrate, shall be prosecuted, tried, and determined in the manner directed by Ordinace No. 10 of 1844; and every such Police Magistrate shall have, and is hereby invested with full Jurisdiction, Power, and Authority, to deal with, enquire of, try, determine, and punish, every Offence under this Ordinance made punishable on Summary Conviction by a Police Magistrate.
100. This Ordinance shall commence and take effect on the
in the year One Thousand Eight Hundred and Sixty-
day of Commencement of
Ordinance.
No. 76.
GOVERNMENT NOTIFICATION.
At the request of the Government of South Australia, the following Notice to Mariners relative to the Establishment of a Light-vessel at Walaroo Bay, is published for general information.
By Order,
Colonial Secretary's Office, Hongkong, 9th May, 1865.
W. H. ALEXANDER,
Acting Colonial Secretary,