No. 3. THE ORDINANCES OF HONGKONG: [A.D. 1844.]
the Court; and it shall also be lawful for two Magistrates to sit together to hear the case, and they may, if they think fit, summarily convict the accused and sentence him to be imprisoned for any term not exceeding two years, with or without hard labour, or they may commit the accused for trial before the Court.
Issue of process by one Magistrate though hearing before two Magistrates.
11 & 12 Vict. c. 42 s. 29.
Course where two Magistrates disagree.
Power to impose whipping in certain cases.
No. 8 of 1865.
Power to sentence juvenile thief to be whipped for certain offence repealed 12/7 of 1910.
Punishment of Stocks.
PART V.
SPECIAL POWERS.
Miscellaneous Matters.
83. In all proceedings before two Magistrates sitting together upon any complaint or information, it shall be lawful for one Magistrate to receive such complaint or information, and to grant a summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hearing, even in cases where by the Ordinance or statute in that behalf such complaint or information must be heard and determined by two Magistrates sitting together, and after the case has been so heard and determined one Magistrate may issue all warrants of distress or commitment thereon: Provided always that in any case where any such complaint or information is heard and determined by two Magistrates, or a conviction or order is made by two Magistrates, such Magistrates must be present and acting together during the whole of the hearing and determination of the case.
84. If in any case where two Magistrates sit together they are unable to agree in their decision whether the defendant or accused is guilty or not guilty, he shall be committed for trial before the Court.
85. Whenever any male offender is convicted by a Magistrate under section 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, the Magistrate may, in addition to the punishment awarded for such offence, direct that the offender be once or twice whipped.
86. Whenever any male offender whose age appears to the Magistrate not to exceed sixteen years is convicted of larceny, or of any offence which now or at any time hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny, or of any assault occasioning actual bodily harm, or of any indecent assault, the Magistrate may, in lieu of or in addition to any other punishment to which the offender is liable, direct that he be once whipped.
87. A Magistrate may sentence any offender to be publicly exposed in the stocks for any period not exceeding six hours, in lieu of the whole or any part of any punishment to which the offender is liable under this or any other Ordinance.
Page 35
Page 36