ORDINANCE No. 6 of 1847.
Magistrates-Summary Jurisdiction.
No. 6 of 1847.
An Ordinance for extending the Summary Jurisdiction of Police Magistrates and Justices of the Peace within the Colony of Hongkong.
[9th September, 1847.]
WHEREAS it is desirable to extend the jurisdiction of the Magistrates of the Colony of Hongkong, with a view to diminish the number of prisoners from time to time in jail, and to lessen the expense attending the detention of Crown witnesses:
1. Be it therefore enacted and ordained by His Excellency the Governor with the advice of the Legislative Council of Hongkong, that from and after the passing of this Ordinance, whenever, on the investigation of any criminal charge, it shall appear to any Magistrate or Justice of the Peace that the ends of justice would be answered by the infliction of a fine not to exceed in any case the sum of fifty pounds, and imprisonment not to exceed three calendar months, with or without hard labour, or solitary confinement not exceeding one month at a time, or in the case of Chinese by one, two, or three public or private whippings, in addition to or in lieu of the punishments aforesaid, or those authorized by Ordinance No. 10 of 1844, intituled, "An Ordinance to regulate Summary Proceedings before Justices of the Peace, and to protect Justices in the execution of their office;" it shall and may be lawful for the said Magistrate, if he should think fit, to call to his assistance one or more other Magistrates or Justices of the Peace of the said Colony, and shall by himself or in conjunction with the said other Magistrate or Justice of the Peace try and determine the case in a summary manner, provided it be one over which the Magistrates sitting in a Court of General or Quarter Sessions in England have now jurisdiction.
2. And be it further enacted and ordained, that if any pecuniary fine or penalty imposed by this or by any other ordinance now in force in the Colony of Hongkong and its dependencies, shall not be paid on conviction, the said Magistrate or Magistrates, Justice or Justices, shall commit the person convicted to the jail or public prison, there to be kept at hard labour for any time not to exceed three months, as the said Magistrates or Justices shall think fit to direct, unless such pecuniary fine or penalty shall be sooner paid; or the said Magistrate or Magistrates, or Justice or Justices, may send the person convicted to the jail or public prison, there to remain for three days, exclusive of the day of commitment, with an order that within the said time the person so convicted shall be once or twice publicly whipped at the market or other public place.
3. And be it further enacted and ordained, that every person making use of any insulting or indecent expression in Chinese or in any other language before the said Magistrates or Justices shall be liable to a fine not exceeding ten pounds, and in default of payment shall be punished under the second section of this Ordinance.
Title.
Preamble.
225
Certain criminal cases to be tried and determined by one or more Magistrates.
Punishments.
In default of payment of fines, parties convicted to be imprisoned for three months, or until payment, if sooner made, &c.
Persons using insulting expressions before the Magistrate, to be fined, &c.