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Sir Henry Pollinger
7th May, 1824.
Victoria, Houstons,
N 39.
/ Inclosure.
Received
N. 10, for Honestons.
Forwarding Ordinance
RECEIVED
SEP. 18
1844
in 1562 Hmgkong
807
DROIT
HONGKONG.
ANNO SEXTO ET SEPTIMO
VICTORIÆ REGINÆ.
No. 10 of 1844.
BY Knight Cross
of the most Honorable Order of the Bath, Major General in the Service of the East India Company, Governor, and Commander in Chief of the Colony of Hongkong, and its Dependencies, and Superintendent of the Trade of Her Majesty's Subjects in China, with the advice of the Legislative Council of Hongkong.
An Ordinance to regulate summary proceedings before Justices of the Peace, and to protect Justices in the execution of their office."
[10th April, 1844.]
Title.
One Justice to.
WHEREAS it is expedient and necessary to make provision for regulating and for
Preamble.
securing uniformity in summary proceedings before Justices of the Peace, and to afford
Proceedings before
due protection to Justices in the execution of their Office. Be it therefore enacted by
Justices,
His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that from and after the passing and publication of this Ordinance, the provisions hereof shall extend to all cases wherein by any English Law or Statute, or by any Ordinance enacted in this Colony, any proceeding shall have been, or shall be or is by this Ordinance directed to be had, or matter authorized to be heard and determined, by or before any Magistrate of Police, or before any Justice or Justices of the peace for the Colony of Hongkong, or in a summary way, and it shall be lawful for any one Justice to receive the information or complaint, and to issue the summons or warrant adjudicate.
requiring the parties and witnesses to appear before himself, or before any two or more Justices as the case may require, and upon the appearance of the defendant, or bis contempt by not appearing after having been duly summoned in manner hereinafter mentioned, and after sufficient time for his appearance and proof thereof on Oath to the satisfaction of the Justice or Justices, as the case may be, such Justice or any two or more Justices, as the case may require, shall and may proceed to examine into, and hear and determine the matter in a summary way, and examine upon Oath, all necessary witnesses produced, and give his or their judgment thereon, and in case such Justice or Justices shall convict the defendant, and award against him or her, any fine or pecuniary penalty, and he shall neglect to pay the same fine or penalty together with the costs and charges of and attending such conviction, to be assessed and ascertained by the said Justice or Justices, into the hands of the said convicting Justice or one of the said convicting Justices, in case there shall have been more than one, within oue week next after such conviction, (without any previous demand of such penalty) or within such greater or lesser time, or at such intervals as the said Justice or Justices shall at his or their discretion determine, then it shall be lawful for such Justice or Justices or either of them, or for any other Justice of the Peace (at his or their discretion) to cause such fine or penalty and costs and charges to be levied by distress, and sale of the goods, and chattels of the offender, the overplus, if any, after dedacting
be levied.
the charges of such distress and sale, to be rendered to the said Offender. Provided, that if upon the return of the officer charged with the execution of the said distress, it shall appear that no sufficient distress can be found, or the party adjudged to pay any money shall at the time of the said adjudication or conviction, declare or it shall otherwise appear that he has no goods or chattels on which the said distress can be levied, then the convicting Justice or Justices, or either of them,or any other Justice of
How penalties to
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