THE HONGKONG GOVERNMENT GAZETTE, 24тH JUNE, 1865.
able Offence under this Ordinance, the Court may sentence the Offender to be once Svately whipped, and the Number of Strokes and the Instrument with which they all be inflicted shall be specified by the Court in the Sentence.
375
for keeping the Peace, in what Cases.
97. Whenever any Person shall be convicted of any indictable Misdemeanor Fine and Suretics ishable under this Ordinance, the Court may, if it shall think fit, in addition to or Heu of any of the Punishments by this Ordinance authorized, fine the Offender, and uire him to enter into his own Recognizances and to find Sureties, both or either, keeping the Peace and being of good Behaviour; and in case of any Felony punish- e under this Ordinance the Court may, if it shall think fit, require the Offender to ater into his own Recognizances, and to find Sureties, both or either, for keeping the Pace, 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
Xceeding One Year.
be quashed for Want
98. No Summary Conviction under this Ordinance shall be quashed for Want of No summary Con- form, or be removed by Certiorari; and no Warrant of Commitment shall be held viction or Warrant to
id by reason of any Defect therein, provided it be therein alleged that the Party has of Form. en convicted, and there be a good and valid Conviction to sustain the same.
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 of Summary Convie- directed by Ordinance 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 et, try, determine, and punish, every Offence under this Ordinance made punishable on Summary Conviction by a Police Magistrate.
100. Nothing in this Ordinance contained shall prejudice, abridge, diminish, or Magistrates' Juris- Affect the Powers and Jurisdiction conferred upon the Magistrates by Ordinance No. 1 diction saved. of 1863, but all such Powers and Jurisdiction shall remain as good, ample, and effectual
to all Intents and Purposes as if this Ordinance had not been passed.
101. This Ordinance shall commence and take effect on the Fourteenth Day of Commencement of June, in the Year One Thousand Eight Hundred and Sixty-five.
•
Passed the Legislative Council of Hongkong, this 3rd Day of June, 1865.
L. D'ALMADA E CASTRO,
Clerk of Councils,
HONGKONG.
ANNO VICESIMO OCTAVO VICTORIÆ REGINE.
No. 8 of 1865.
By His Excellency WILLIAM THOMAS MERCER, Esquire, Acting Governor and Commander-in-Chief of the Colony of Hongkong, and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
W. T. MERCER.
An Ordinance to consolidate and amend the Enactments in Force in this Colony relating to Malicious Injuries to Property.
[3rd June, 1865.]
Ordinance.
Whereas it is expedient to consolidate and amend the Enactments in Force in this Colony relating to Malicious Injuries to Property: Be it therefore enacted by His Excellency the Governor of Hongkong, by and with the Advice of the Legislative Council · thereof, as follows:-
Injuries by Fire to Buildings and Goods therein:---
Title.
Preamble.
1. Whosoever shall unlawfully and maliciously set fire to any Church, Chapel, Setting Fire to a Meeting House, or other Place of Divine Worship, shall be guilty of Felony, and being Church or Chapel.
victed thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years,- --or to be imprisoned for Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without
Whipping.