17
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5. In all enactments now in force the words "at' or "in Repeal of the discretion of the Court", and the words "
on conviction words of
discretion. thereof when used in relation to an indictment, or other words of like meaning, wherever they occur respectively in relation to the imposition of penal ies after conviction of any person of an offence, are repealed.
6. In all editions of the Laws of Hongkong hereafter to Authority to be printed the provisions which are repealed by this Or- incorporate dinance shall be omitted; and the sections so affected repeals in
new editions are hereby authorised to be printed as so amended, and of the Laws, shall be construed and enforced accordingly.
7. In order to bring other forms of penalties not included Repeals and in the foregoing sections into harmony with the principles I laid down therein, it is hereby further enacted as follows :——
(1.) In the scetious of the Ordinances mentioned in Part I of the schedule, in lieu of the words "for the term of there shall be read "for any term not exceeding".
(2.) In the sections of the Ordinances mentioned in Part II of the schedule, after the word "imprisonment" there shall be inserted the words "without hard labour ".
amendments in Ordin- ances in schedule.
minimuni penalties in
8. Nothing in this Ordinance contained shall be con- Saving of strued as giving to a Court the power of inflicting a punishment less than the minimutta punishment, if any, certain provided for offences against any rercune, customs or Ordinances. quarantine law now in force or hereafter 10 be enacted; nor against any statute or Ordinance relating to any of Bis Majes y's regular or auxiliary forces, or which carries into effect any treaty by which a minimum penalty is stipulated for the offence in question.
AND WHEREAS the language now used in the laws of the Colony in regard to other matters relating to the in- position of penalties, and to the jurisdiction of Magistrates, is cumber-one and out of date, and it is expedient both to simplify the language and to introduce uniformity in the enactments in which such matters are dealt with, Be it further enacted as follows:-
9.(1.) Whenever in any enactment now in force pro- visions occur to the effect that if a person is convicted of an offence before a Magistrate he shall be committed to the common gaol, there to be imprisoned or to be imprisoned and ker to hari labour for any term, or other like words are used which have a similar meaning, such person shall be liable to imprisonment, with or without hard labour, as the case my be, for any period not exceeding the term specified.
(2.) In all eliti ns of the Laws of Hongkong hereafter to be printed there shall be substituted for such provisions words indinting that the person shall on such conviction before a Magistrate, be liable to imprisonment, with or withou: hard labour, as the case may be, for any period not exceeding the tera specified.
(3.) The enactments mentioned in Part III of the sche- dule are havby declared to be amended accordingly, and the sentious in which such provisions occur shall be construc and enforced accordingly.
W
10.-(1.) Whenever in any enactment now in force pro- visions occur to the eBeet that if a person is convicted of un offence before a Magistrato he shall be
liable to pay ", forfeit and pay ". or skait
a sum of money, or such sum of money not exceeding a specified sum “as to the Magistrate may seem tect ", or other like words are used which have a sju ilar meaning, they shall be held to be the equivalent of the following provision
such person
1་
shall on conviction before a Magis- trate (ur gall on summary conviction ") be liable to a fine " not exceeding the amount eo specified;
and such provision shall be substituted accordingly in all editions of the Laws of Hongkong hereafter to be printed.