References
to subsidiary legislation under in- perial Acts,
Construction of imperial enactments.
Proof of imperia! enactments,
Attempts to
commil offences.
Reference to
an offence
to include
attempts, etc.
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78. A reference in any law to any imperial Act shall include a reference to any Order in Council, rule, regulation, proclamation, order. notice, rule of court, by-law or other instrument made under or by virtue thereof and having legislative effect.
79. Any imperial enactment shall be construed in accordance with the terms thereof and of any interpretation statute applicable thereto and, to the extent to which no provision is made in the imperial enact- ment or in such statute for the interpretation thereof, in accordance with the provisions of this Ordinance as if such imperial enactment were itself an Ordinance; and any reference in this Ordinance to an Ordinance shall, in the interpretation of an imperial enactment, include a reference to imperial enactments.
80. A copy of
(a) any printed collection purporting to be printed or published
by authority; or
(b) the Gazette, purporting to be printed by the Governmeni
Printer.
containing any imperial enactment, shall be prima facie evidence in all courts and for all purposes whatsoever of the due making and tenor of such imperial enactment, without any proof being given that such copy was so printed.
PART XIL
FEES, PENALTIES, OFFENCES AND PROCEEDINGS.
81. (1) A provision in any Ordinance which creates or results io the creation of an offence shall be deemed to include a provision that an attempt to commit such an offence sball itself constitute an offence which may be dealt with and punished in like manner as if the offence had been committed.
(2) Where a person is charged with an offence, he may be convicted of having attempted to commit that offence although be was not charged with the attempl.
(3) Nothing in this section shall affect any law relating to attempts to commit offences at common law.
82. (1) Where-
(a) any Ordinance confers a power or imposes a duty which is to be exercised or performed consequent upon a conviction of an offence or in relation to a person who is detained in custody for an offence: or
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(b) a reference is otherwise made in any Ordinance to an offence, then that power or duty or that reference shall be deemed to be also Gxercisable or performable consequent upon a conviction of, or include a reference to, as the case may be-
(i) an attempt to commit that offence:
(f) aiding, abelting, counselling or procuring that offence; and (iii) a conspiracy to commit that offence.
(2) Subsection (1) shall apply to powers of imposing pecuniary penalties and of forfeiture, seizure and search, and to powers and dis- cretions to cancel, suspend or refuse to issue any licence, permit or other authorization, but nothing in this section shall apply to any offence for which a sentence of death may be imposed, or be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this section.
83. Where any act constitutes two or more offences, whether under Acts con- the same Ordinance or otherwise, the offcoder shall be liable to be stituting two prosecuted and punished for any or all such offences but shall not be offences. liable to be punished twice for the same offence.
or more
4. Where a person by whom an offence under any Ordinance has Liability of beca committed is a company and it is proved that the offence was directors, etc. committed with the consent or connivance of a director or other officer concerned in the management of the company, the director or other officer shall be guilty of the like offence.
85. The imposition of a penalty or fine by or under any Ordinance Imposition shall not relieve any person from liability to answer in damages to a person injured.
of penalty
not to bar civil action.
prescribed to
be deemed
86. Where in any Ordinance a penalty is prescribed for an offence Penalties under that Ordinance, such provision shall imply
(a) that such offence shall be punishable upon conviction by a maximum
penalty not exceeding the penalty prescribed; and
penalties.
(b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any law against excessive or unreasonable fines or assessments. be punishable by a fine of any amouni. 87. Where in any Ordinance a penalty is set out at the foot of Statement any section or part thereof the same shall mean that any contravention of penalty of that section or part shall be an offence under such Ordinance punish- section. able upon conviction by a penalty not exceeding the penalty so set out.
at end of
88. Where in any Ordinance more than one penalty is prescribed Certain for an offence, the use of the word "and" shall mean that the penalties penalties may be inflicted alternatively or cumulatively.
may be
cumulative.