264
Apportionment of fine.
Additional penalty on publicans, and boarding-house keepers.
Interpretation of the term "Sailor."
Nothing to prevent Magistrates' Powers-Suppression of Desertion.
Law of Evidence.
ORDINANCES Nos. 2 AND 3 OF 1852.
or without hard labour, there to remain for a time in proportion to the amount of the penalty inflicted, and not exceeding six months in the whole, unless the said sum to be levied, together with the costs, shall be sooner paid.
2. And a portion not exceeding one-half of every such fine so inflicted and levied, shall be payable to such person or persons by whose information or evidence the conviction of such offender shall be made.
3. And any publican or keeper of a boarding-house who shall have been convicted of any one or more of the above mentioned offences, shall, in addition to the penalty above provided, forthwith forfeit any licence or licences then held by him as a publican or boarding-house keeper in this Colony, and he shall be and is hereby declared incapable of holding thereafter any licence as such publican or boarding-house keeper within the said Colony.
4. And for the purposes of this Ordinance, the word "Sailor" shall be held to extend to every person serving for the time being in any ship then under the orders of the Commander-in-Chief of Her Majesty's Naval Forces in the East Indies and China Seas.
5. And nothing herein contained shall prevent the Magistrates acting under this Ordinance from sending any case arising out of any of the said offences for trial at the Supreme Court, which in the exercise of their discretion they may consider should be investigated there.
sending cases for trial at the Supreme Court.
Title.
No. 3 of 1852.
An Ordinance to amend the law of Evidence.
[29th June, 1852.]
Preamble.
Parties to be admissible witnesses.
WHEREAS it is expedient to amend the law of evidence in certain particulars:
1. Be it therefore enacted and ordained by His Excellency the Acting Governor of Hongkong, with the advice of the Legislative Council thereof, that on the trial of any issue joined, or of any matter or question, or on any enquiry arising in any suit, action, or other proceeding in the Supreme Court, or before any person having, by law, or by consent of parties, authority to hear, receive, and examine evidence with respect to, or concerning any suit, action, or other proceeding, the parties thereto, and