Short title.
Abolition of minimum penalties.
Where impri-
sonment imposed it may be with or without
68
B
A BILL
ENTITLED
An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as- follows:
-
1. This Ordinauce may be cited as the "Penalties Amendment Ordinance, 1911 ”.
2. In any enactment now in force which provides for the imposition of minimum penalties, whether of imprisonment or of a fine, the provisions, if any, relating to such minimum penalties are repealed in manner provided by the following sections; and unless the enactment as printed in the New Revised Edition of the Laws of Hongkong otherwise pro- vides, where a Court is empowered or required to award a sentence of imprisonment with hard labour for life or for a term of years, or of a fine, the Court may award a sentence less than for life or for the term of years, and with or without hard labour, or less than the fine, specified in the
enactment.
3. Where under any enactment now in force or in any future enactment, a Court shall sentence a person for an offence for which the penalty of imprisonment is provided, the Court may, unless the enactment as printed in the New hard labour. Revised Edition of the Laws of Hongkong or any such future enactment, otherwise provides, inflict imprisonment with or without hard labour.
Alternative
existing
legislation repealed.
4. Wherever in any enactment now in force there is penalties in provided in addition to the penalty of imprisonment for life or for a term of years an alternative penalty of“ imprisonr ment (for any term) with or without hard labour", eithe- with or without the further alternative "with or without solitary confinement", both or each of such alternative penalties, as the case may be, are repealed; and where either of the aforesaid alternative penalties is provided as alternative to any other penalty, it is repealed; and where the aforesaid alternative as to solitary confinement is pro- vided as an alternative to a penalty of imprisonment, whe- ther with or without hard labour, it is repealed.
Repeal of words of discretion.
Repeal of words of
5. In all enactments now in force the words at or in the discretion of the Court", or other words of like mean- ing, wherever they occur in relation to the imposition of penalties, are repealed.
6. Sentences imposing penalties can only be imposed after the person charged has been found guilty and con- conviction. victed according to law; it is therfore hereby enacted that in all enactments now in force the words “ on conviction thereof", or "and being convicted ", or other words of like meaning, wherever they occur in relation to the imposition of penalties, are repealed.
Authority to incorporate repeals in
7. In all editious of the Laws of Hongkong hereafter to be printed the provisions which are repealed by this Or- dinance shall be omitted; and the sections so affected are new editions hereby authorised to be printed in manner and form corres- of the Laws ponding as nearly as may be with the following "example'
and the sections in which such provisions occur shall be construed and enforced accordingly
of the
Colony.
Example.
Ordinance No. 6 of 1865, s. 4 :-
44
Every person who unlawfully and maliciously des- troys any part of any ship or vessel which is in distress, or wrecked, stranded or cast on shore,. or any goods, merchandise, or articles of any