218
Evidence of
for second or subsequent
offence.
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
(5.) If a verdict passes for the defendant, or the plaintiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plaintiff in any such action, the plaintiff shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the action.
Miscellaneous Provisions.
98. Where any person is charged on an indictment with any offence punishable under this Ordinance and committed after a previous conviction or convictions for any felony, misdemeanor, or offence or offences punishable on summary conviction, and, on his trial for such subsequent offence, such person gives evidence of his good character, it shall be lawful for the Attorney General, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences before such verdict of guilty is returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
24 & 25 Vict. c. 96 s. 11G.
Punishment of hard labour.
Ib. s. 118.
99. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this Ordinance, the Court may sentence the offender to be imprisoned or to be imprisoned and kept to hard labour, and in either case the sentence shall be carried out in accordance with the provisions of any Ordinance for the time being in force relating to prisons.
See Ordinance No. 4 of 1899.
Punishment of solitary confinement.
16. s. 119.
Fine and sureties for keeping the peace.
Ib. s. 117.
100. Whenever solitary confinement may be awarded for any indictable offence under this Ordinance, the Court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment or of his imprisonment with hard labour, not exceeding one month at any one time and not exceeding three months in any one year.
101.---(1.) Whenever any person is convicted of any indictable misdemeanor punishable under this Ordinance, the Court may, if it thinks fit, in addition to or in lieu of any of the punishments authorized by this Ordinance, fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour.
(2.) In the case of any felony punishable under this Ordinance, the Court may, if it thinks fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace.
A.D. 186.
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