68
Preamble.
THE HONGKONG GOVERNMENT GAZETTE, 8TH MARCH, 1862.
Offices of Chief and Assistant Magistrates abolished.
Two Police Magis- trates appointed.
Ordinance No. 1 of
An Ordinance abolishing the Offices of Chief and Assistant Magistrates, and appoint- ing and defining the Duties of Two Police Magistrates, and to increase the limits of Impri- sonment in certain Cases.
[
1862.]
Whereas it is advisable that the Offices of Chief Magistrate and Assistant Magis- trate should be abolished, and that Two Police Magistrates should be appointed in their stead with such Jurisdiction and Powers as are hereinafter expressed :-
Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. The Offices of Chief Magistrate and Assistant Magistrate are hereby abolished. II. Two Police Magistrates shall be appointed from Time to Time by His Excel- lency the Governor with equal Jurisdiction, who shall exercise such and the like Powers as by any Ordinance of this Colony were prior to this Ordinance vested in the said Chief Magistrate and Assistant Magistrate respectively so far as relates to Criminal Jurisdiction and Proceedings, and wherever in any Ordinance it is enacted in reference to Criminal Jurisdiction or Proceedings, that an Act or Acts shall or may be done by the "Chief Magistrate" or "Assistant Magistrate" such Act or Acts shall or may hereinafter be done by either of the said Two Police Magistrates; and every Police Magistrate shall by virtue of his Office be a Justice fo the Peace.
III. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is hereby so far as it repeals No, repealed, except so far as the same repeals Ordinance No. 6 of 1847.
1849 repealed, except.
6 of 1847.
Crimes and Offences
dinance.
IV. Each of the said Police Magistrates shall have Power to hear, try and determine triable under this Or-in a summary manner any of the Crimes and Offences undermentioned committed within this Colony or its Dependencies, that is to say, Assault, Assault and Battery, also Burglary, Larceny, Embezzlement, knowingly receiving Stolen Property, knowingly uttering, or having possession of with intent to utter Counterfeit Silver or Copper Coin current in this Colony, where the amount of Property so stolen, embezzled, received, uttered or possessed with intent to utter shall not exceed in value the Sum of Fifty Dollars; extorting Money or Property by threatening to accuse any Person of any indictable Offence or by Threats of Injury to his, Person, or Property; Breach of Prison, Escape or Rescue, Combinations among Artisans, Workmen or Servants (do- mestic or otherwise) relating to their Employ or Work; Riotous Assemblages with intent to injure any Person, House, Place or Furniture; and all Attempts or En- deavors or Conspiracies to commit any of the Crimes or Offences above enumerat- ed. Provided always that in case it shall appear to the Police Magistrate at the hear- Power to commit to ing that any such Offence ought to be visited with a heavier Punishment than this Ordinance authorizes, it shall be lawful for the Magistrate to commit the Offender or Offenders for trial in the Supreme Court.
Proviso reserving
Supreme Court.
Limit of Punish-
V. Upon the Conviction of any Person of any of the Crimes or Offences hercin- ment by Magistrate. before enumerated it shall be competent for the Magistrate before whom such Person shall have been convicted to award, as punishment, Imprisonment in any of the Gaols of this Colony for any Period not exceeding Six Calendar Months with or without Hard Labour; or any Fine not exceeding Fifty Dollars; or both Fine and Imprisonment not exceeding these Limits; and it shall be lawful for the Magistrate to direct any portion of such Imprisonment not exceeding One Month to be solitary, but so that such soli- tary Imprisonment shall not exceed Fourteen Days at a Time: And further, that when any Male Offender shall be convicted under this Ordinance of any Felony or of know- ingly uttering or having possession of Counterfeit Coins, with intent to utter the saine, or of receiving stolen Property, or of any attempt to commit any of the said Crimes or Offences, after having been previously convicted of any or either of such Crimes or Offences, it shall be lawful for the said Magistrate to direct that in addition to any other Corporal Punish- Punishment to which he may be liable, such Offender shall be Once or Twice publicly
or privately whipped.
ment in addition.
Manner in which
is to be inflicted.
VI. Whenever Corporal Punishment shall be inflicted under this or any previous Corporal Punishment Ordinance, such Punishment shall in no case at any single Time exceed Thirty-six Blows with a Rattan, to be inflicted in the presence of the Governor of the Gaol, or Superintendent of Police, or, in the event of an Offender being ordered to be whipped at the Place where the Offence was committed, then in the presence of such One of the said Officers or such other Officer of Police as the convicting Magistrate shall name for the purpose.