232
before pro- vided for exceeding amount of $25.
c. 97 s. 51.
No. 6.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is hereinbefore provided, the damage, injury, or spoil being to an amount exceeding twenty-five dollars, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour; and, in case such offence is committed between the hours of nine o'clock in the evening and six o'clock in the next morning, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding five years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour.
Summary conviction in case of malicious injury. 24 & 25 Vict. c. 97 s. 52.
43. (1.) Every person who wilfully or maliciously commits any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is hereinbefore provided, shall, on conviction thereof before a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol there to be imprisoned, or to be imprisoned and kept to hard labour, for any term not exceeding two months, or else shall forfeit and pay such sum of money not exceeding twenty-five dollars as to the Magistrate may seem meet, and also such further sum of money as may appear to the Magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of twenty-five dollars, which last-mentioned sum of money shall, in the case of private property, be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, shall be paid to Her Majesty for the use of the Colony and in support of the Government thereof.
(2.) If such sums of money, together with costs (if ordered) are not paid either immediately after the conviction or within such period as the Magistrate may at the time of the conviction appoint, the Magistrate may commit the offender to the common gaol, there to be imprisoned, or to be imprisoned and kept to hard labour, as the Magistrate thinks fit, under and in accordance with the provisions of any Ordinance for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable on summary conviction; Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
Extension of s. 43 to tree, etc. 24b. s. 53.
44. The provisions of the last preceding section shall extend to any person who wilfully or maliciously commits any injury to any tree, sapling, shrub, or underwood for which no punishment is hereinbefore provided.
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