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Power for constable to apprehend person loitering at night, etc.
24 & 25 Vict. c. 97 s. 57.
Malice against owner of property
No. 6.] THE ORDINANCES OF HONGKONG : [A.D. 1865.
this Ordinance shall, on conviction, be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
(3.) Every person who aids, abets, counsels, or procures the commission of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender.
48. Any constable or peace officer may take into custody, without a warrant, any person whom he may find lying or loitering in any highway, yard, or other place during the night, and whom he may have good cause to suspect of having committed or being about to commit any felony against this Ordinance, and shall take such person as soon as reasonably may be before a Police Magistrate, to be dealt with according to law.
49. Every punishment and forfeiture by this Ordinance imposed on any person maliciously committing any offence, whether the same is punishable on indictment or on summary conviction, shall equally apply and be enforced whether the offence is committed from malice conceived against the owner of the property in respect of which it is committed or otherwise.
10. s. 58. Application of the Ordinance to person in possession of property injured. Ib. s. 59. Intent to injure particular person.
50. Every provision of this Ordinance not hereinbefore so applied shall apply to every person who, with intent to injure or defraud any other person, does any of the acts hereinbefore made penal, although the offender may be in possession of the property against or in respect of which such act is done.
51.--(1.) In any indictment for any offence against this Ordinance, where it is necessary to allege an intent to injure or defraud, it shall be sufficient to allege that the accused did the act with intent to injure or defraud, as the case may be, without alleging an intent to injure or defraud any particular person.
(2.) On the trial of any such offence, it shall not be necessary to prove an intent to injure or defraud any particular person, but it shall be sufficient to prove that the accused did the act charged with an intent to injure or defraud, as the case may be.
52. Any person found committing any offence against this Ordinance, whether the same is punishable on indictment or on summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or by the owner of the property injured or his servant, or by any person authorized by him, and forthwith taken before a Police Magistrate, to be dealt with according to law.
53. Every person who aids, abets, counsels, or procures the commission of any offence which is by this Ordinance punishable on summary conviction, either for every time of its commission, or for the first and