692
Provision as to mode of payment of sum adjudged to be paid,
42 & 43 Vict, c. 19 s. 7.
First Schedule:
Forms Nos. 15-21.
Return by Magistrate's order of property taken from defendant,
b. s. 41.
Prosecution
and punish-
or abetter,
No. 3.1 THE ORDINANCES OF HONGKONG : [A.D. 1890.
35.--(1.) The Magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the following things; namely,--
(a.) allow time for the payment of the sum;
(b.) direct payment to be made of the sum by instalments; and (c.) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a Magistrate or such person as may be specified by the Magistrate adjudging the money to be paid, security, with or without a surety or sureties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner provided by this Ordinance.
(2.) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.
(3.) A Magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time or times, and in such place or places, and to such person or persons as may be specified by the Magistrate, and every person, not being the Magistrate's Clerk, to whom any such sum or instalment is paid shall as soon as may be account for and pay over the same to such Clerk.
36. Where any property has been taken from a person charged before a Magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the Police on the charge sheet to the Magistrate of the fact of such property having been taken from the accused or defendant and of the particulars thereof, and the Magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.
37. Every person who aids, abets, counsels, or procures the commission of any offence punishable by a Magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.
11 & 12 Vict. c. 43 s. 5.
Rule as to Cumulative
sentences for assault.
42 & 43 Vict. c. 49 s. 18.
38. A Magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the provisions hereinafter contained in section 82.