2010
Power of Court to
award lesser
penalty than that stated.
*
Where im- prisonment imposed it
may be with or without
hard labour.
*
Saving of minimum penalties in certain Ordinances.
+
No. 30 of 1911.
PENALTIES AMENDMENT.
(3) Unless any enactment now in force, as printed in the New Revised Edition of the Laws of Hongkong otherwise provides, where a Court is empowered to impose a sentence-
(a) of imprisonment for life; or
(b) of imprisonment for a period not exceeding a specified term;
(c) of a fine,
the Court may, after conviction of any person of an offence, award a sentence less than for life or less than for the specified term, or less than the fine, specified in the enactment, as the case may be.
3. Where under any enactment now in force, or under any future enactment, a Court shall sentence a person convicted of an offence for which the penalty of imprisonment is provided, the Court may, unless-
(a) in the case of any enactment now in force, the enactment as printed in the New Revised Edition of the Laws of Hongkong: and
(b) in the case of any future enactment, such enactment provides that the imprisonment shall be without hard labour, inflict imprisonment with or without hard labour:
Provided always that where under this or the preceding section, a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour and provided further, that where any person is sentenced to imprisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.
[sections 4, 5, 6 and 7, rep. No. 43 of 1912.] .
8. Nothing in this Ordinance contained shall be construed as giving to a Court the power of inflicting a punishment less than the minimum punishment, if any, provided for offences against any enactment now in force, or any future enactment, relating to revenue, customs, or quarantine, or relating to any of His Majesty's regular or auxiliary forces, or which carries into effect any treaty by which a minimum penalty is stipulated for the offence in question.
[preamble and sections 9 and 10, rep. No. 43 of 1912.]
* As amended by No. 8 of 1912 and No. 43 of 1912.
As amended by No. 17 of 1912.