300
THE HONGKONG GOVERNMEN GAZETTTE, 10TMп JUNE, 1865.
No Summary Con-
Peace and being of good Behaviour; and in Case of any Felony, punishable under this Ordinance, otherwise than with Death 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 Punishunent by this Ordinance authorized: Provided that no Person shall be imprisoned for not finding Sureties under this Section for any Period exceeding One Year.
66. No Summary Conviction under this Ordinance shall be quashed for Want of viction or Want to Form or be removed by Certiorari, and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.
be quashed for want of Forin.
Procedure in cases of Summary Convic-
tion.
Commencement of
Ordinance.
67. Every Offence under this Ordinance made punishable on Summary Conviction by a Police Magistrate shall be prosecuted, tried and determined in all respects in the Manner directed by Ordinance No. 10 of 1844, and all Provisions contained in the said Ordinance shall be applicable to such Prosecutions in the same Manner as if they were incorporated in this Ordinance: Provided that nothing in this Ordinance contained shall, in any Manner otherwise than as respects the Punishment, alter or affect any Enactment now in Force relating to Procedure in the Case of any Offence punishable on Summary Conviction or the Recovery or Application of any Penalty or Forfeiture for any such Offence.
68. This Ordinance shall commence and take effect.on the Fourteenth Day of June, in the Year One Thousand Eight Hundred and Sixty-Five.
Passed the Legislative Council of Hongkong, this 2nd Day of June, 1865.
L. D'ALMADA É CASTRO,
Clerk of Councils.
RULES AND ORDERS FOR REGULATING THE PRACTICE OF THE COURT OF
SUMMARY JURISDICTION OF HONGKONG.
In pursuance of the powers vested in me by Ordinance No. 7 of 1862, I, HENRY JOHN BALL, Esquire, Judge of the Court of Summary Jurisdiction of Hongkong, have framed the following Rules and Orders and do certify the same to His Excellency the GOVERNOR and to the Legislative Council accordingly.
Dated this 14th day of December, 1864.
Previous Orders.
I.
HENRY JOHN BALL.
The Rules of Practice and the Forms now in use in the Court of Summary Jurisdiction shall continue to be used and adopted in the Court, except where otherwise directed by Ordinance or by these Rules.
Sittings of the Court.
II.
The Judge shall appoint the days and hours for holding his Court, and a notice of the day and hour on which each Court shall be holden shall, within a reasonable time before the holding thereof, be inserted in the Government Gazette and be affixed in some conspicuous place in the Court House and in the Clerk of Court's Office; and whenever any day or hour so appointed for holding the Court shall be altered, notice of such alteration shall immediately be inserted and posted in like manner, but the Judge may from time to time hold adjourned Courts.
Duties of Clerk of Court.
III.
The Clerk of the Court shall attend at his Office every day, except those days ordinarily allowed as holidays, from ten o'clock in the morning until four o'clock in the afternoon.