ORDINANCE No. 16 OF 1875 . 1413
Magistrates.
No. 16 of 1875 .
An Ordinance to amend and consolidate the laws concerning Title.
the jurisdiction of Magistrates over indictable offences
and for other purposes .
[ 25th November, 1875. ]
Preamble.
WHEREAS recent investigations have raised a doubt as to the va
lidity of the jurisdiction hitherto exercised by Police Magistrates
under Ordinances 6 of 1862 and 1 of 1863 : Be it enacted by the Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows :
1. This Ordinance may be cited as " The Magistrates Ordinance, Short title.
1875."
2. The expression " Indictable, " as used in this Ordinance, includes Interpreta
tion.
proceedings by information , and the expression " Magistrate " means
Police Magistrate, unless the context indicates the contrary .
3. There shall as heretofore be two Police Magistrates ; the Magis Police
Magistrates.
trates now in office are continued therein as fully as if they were appointed
hereunder, and the Governor may appoint others , from time to time, as
vacancies occur .
4. The Police Magistrates shall be Justices of the Peace by virtue Powers of
Police
of their office, and shall have and may exercise all such powers and Magistrates
continued .
jurisdiction as were vested in the Police Magistrates at the time of the
passing of this Ordinance, except so far as they are hereby altered or
repealed.
5. Whenever any person is brought before a Magistrate charged Magistrates
may convict
with having committed , whether before or after the passing of this Ordi summarily for
certain indict
nance, any indictable offence, not being one of the following offences, able offences .
that is to say : — (See s. 4 of 6
of 1862. )
Any offence which is punishable with death ;
Any offence (except burglary ) which is punishable with penal
servitude for life ;
Any offence which is committed within the jurisdiction of the
Admiralty ;
Any felony mentioned in Ordinance No. 1 of 1868 .
Misprision of treason ;