Hong Kong,
3rd March, 1875.
Governor
Sir Arthur Kennedy, K.C.M.G.,
to The Right Honorable The Earl of Kimberley
Abolition of Minimum Punishments Ordinance, No.2
of 1870 as amended 1873. - Submits
for approval the
Statement of Objects and Reasons.
By this Ordinance, it is proposed to abolish generally all enactments providing Minimum Punishments for offences triable summarily before Magistrates. In cases of a first offence, or where there are mitigating circumstances, it is very desirable to leave the amount of punishment (below the maximum limit) to the entire discretion of the Magistrate. Examples of the Restriction which it is intended to abolish may be found in the "Victoria Registration Ordinance," the "Harbor and Coasts Ordinance," and others; there have been instances in which Magistrates have been reluctantly compelled either to dismiss the case without any punishment at all, or to inflict a graver punishment than the circumstances of the case seemed to justify. This Ordinance, therefore, will give greater latitude to the Magistrates, and is intended as a just measure of relief.
JULIAN PAUNCEFOTE,
Attorney General.
(2 Enclosures)
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