284
Contempt
towards Magistrates in
the discharge of their duties.
Magistrates to make weekly return to the Colonial
Secretary of all cases tried by them.
When charge preferred before
a Magistrate on a
day when the Court of Petty Sessions is not sitting, he may discharge, bail, or commit in manner provided, the prisoner for trial at the said Court.
Certain Chinese offenders may be deported.
Power to the Court to estreat recognizances under certain circumstances.
ORDINANCE No. 1 of 1849.
Petty Sessions Court.
months: Provided always, that when, from its involving a difficult point of law, or from any other cause whatever, the said Court or Magistrate may think proper to refer for trial to the Supreme Court, any case over which the said Court of Petty Sessions or Magistrate may have jurisdiction and cognizance under this section, it or he may do so. And be it further declared, that nothing herein contained shall be deemed to abridge the summary jurisdiction of the Supreme Court, or to prevent or impede any suitor from proceeding thereunder for wages, or any other debt or damages on this section above mentioned, if desirous so to do.
11. And be it further enacted and ordained, that if any person shall use any insulting expression in Chinese or any other language towards a Magistrate or Justice of the Peace acting in the discharge of any magisterial duty, he shall be liable to be fined by the said Magistrate or Justice of the Peace in an amount not exceeding fifty dollars, or imprisoned for a term not exceeding two calendar months.
12. And be it further enacted and ordained, that the said Chief and all other Magistrates shall, and are hereby required to make and transmit to the Colonial Secretary, a weekly return of all cases tried and determined by them during the preceding week, exhibiting the nature of the offences, and the punishments or fines awarded.
13. And be it further enacted and ordained, that if any person be charged before a Magistrate on any day when the said Court of Petty Sessions be not sitting, with any offence cognizable by the said Court under this Ordinance, such Magistrate may commit such person so charged to take his trial before the said Court, or may admit to bail or discharge such person without taking down in writing any part of the examination; and it shall be sufficient to state in the warrant of commitment that the prisoner is charged with felony or misdemeanour, as the case may be, without further particularizing the offence.
14. And be it further enacted and ordained, that if any native of China, or Chinese native of any other place than Hongkong, not being a householder or a permanent resident in the Colony, shall have been convicted of any felony, or shall be a suspected person apparently frequenting the Colony for felonious purposes, or who shall be a public beggar therein, it shall be lawful for the said Court of Petty Sessions, whether before or after the punishment of such person, to send him in custody to the nearest Chinese Magistrate residing on the mainland of China, with a request from any Magistrate of the said Court that the person so sent in custody may be prevented from returning to the said Colony, and if any person having been so sent away shall return to the Colony without the permission of a Magistrate thereof, he shall be subject, on conviction before the said Court, to a term of imprisonment not exceeding six calendar months, with or without hard labour, or whipping, and to be again sent in custody to the mainland of China, as is above provided.
15. And be it further enacted and ordained, that whenever any person has heretofore entered or shall hereafter enter into any recognizance or Crown bond before any Justice of the Peace, or any officer of Police, and that such bond or recognizance