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THE HONGKONG GOVERNMENT GAZETTE, 26тп APRIL, 1862.
Police Officer may apprehen. Persons
guilty of Felony or Misdemeanour.
To take Bail.
of a Constable, every such Person so offending shall, in addition to any other Punishment to which he may be liable for such Offence, forfeit and pay for every such Offence any Sum not exceeding Two Hundred Dollars, to be recovered in a Summary Manner before any Stipendiary Magistrate.
XVIII. It shall be lawful for any Officer of the Police Force to apprehend any suspected of being Person who shall be charged with, or whom he shall reasonably suspect of being guilty of any Felony or Misdemeanour without any Warrant for that purpose, and whether he shall have seen such Felony or Misdemeanour committed or not, and whenever any Person so apprehended shall be brought without Warrant to the Officer in charge of any Police Station, it shall be lawful for such last mentioned Officer, in a case of Misdemeanour, if he shall deem it proper so to do, and if no Magistrate shall be in attendance at his Office, to take bail by recognizance with or without sureties in a sufficient Sum without fee or reward from such Person, conditioned that such Person shall appear for examination before a Magistrate at some place to be specified in the Recognizance, being the earliest time then next after when a Magistrate shall be in attendance at his Office; and every Recognizance so taken shall be of equal obligation on the Parties entering into the same and liable to the same proceedings for estreating Particulars of Recog- thereof, as if the same had been taken before a Magistrate; and the respective Names, nizance to be entered Residences and Occupations of the Person so apprehended, and his surety or sureties, if any, entering into such Recognizance, together with the Condition thereof and the Sums respectively acknowledged, shall be entered in a Book to be kept for that purpose, which shall be laid before the Magistrate, before whom the Person apprehended is to appear; and if he do not appear when called upon at the time and place mentioned in such Recognizance, the Magistrate shall forthwith estreat the Recognizance: Provided that, if the Person apprehended shall appear and shall make Application for a postpone- ment of the Hearing of the Charge against him, the Magistrate may, if he see fit to grant such Application, enlarge the Recognizance to such further time as he may think proper, and when the matter shall have been heard and determined, such Recognizance shall be discharged without fee or reward.
in book,
And forfeited on non-appearance of Defendant.
Police Officer not responsible for want. of Jurisdiction. Ge-
neral Issue may be pleaded and special
matter given in evi- dence.
on conviction to be fined.
XIX. In case any Action shall be brought against any Officer or Constable of the Police Force for any act done in obedience to the Warrant of any Magistrate, the Officer or Constable shall not be responsible for any irregularity in the issuing of the Warrant or for any want of Jurisdiction in the Magistrate issuing the same, and the Officer or Constable may plead the general issue and give such Warrant in evidence;- and upon producing such Warrant and proving that the Signature thereto is the hand- writing of a Person reputed to be a Magistrate, and that the act was done in obedience to such Warrant, the Jury or Court before whom the Action is tried, shall find a Verdict for the Defendant who shall also recover double his Costs of Suit.
Victualler harboring XX. If any Victualler or Keeper of any House, Shop, Room or other Place for Pelice Officer on duty, the Sale of any Liquors whether spirituous or otherwise, shall knowingly harbour or en- tertain any man belonging to the Police Force, or permit him to abide or remain in his House, or on other his Premises during any part of the time appointed for his being on duty, every such Victualler or Keeper, being convicted thereof before any Magistrate, shall for each Offence forfeit and pay such Sum not exceeding One Hundred Dollars to- gether with Costs, to be recovered in a Summary Manner as the said Magistrate shall direct, and in default of payment shall be liable, if no sufficient distress can be found, to be imprisoned for any term not exceeding Three Months.
Penalty for assault- ing Police Officer in
XXI. If any Person shall assault or resist any member of the Police Force, execution of duty. acting in the execution of his duty, or shall aid or incite any Person so to assault or resist, or shall refuse to assist any Officer or Constable in the execution of his duty when called upon so to do, every such Offender being thereof convicted before any Magistrate, shall for every such Offence forfeit and pay such Sum not exceeding Two Hundred Dollars together with Costs, to be recovered in a Summary Manner as the said Magistrate in his discretion may order, and in default of payment shall be liable, if no sufficient distress can be found, to be imprisoned for any term not exceeding Three Months.
Circumstances in
allowed to resign, or may be dismissed.
XXII. Notwithstanding anything herein to the contrary, His Excellency the which Officer may be Governor shall have power to grant permission to resign, to any Inspector, Sergeant or Constable of the Force who may become unfit for further Service from ill-health on the Certificate of the Colonial Surgeon to that effect being produced, or in any special cases brought to His Excellency's notice by the Captain Superintendent, His Excellency the Governor shall have power to grant to any such. Officer permission to resign or to dismiss any such Officer.