Trial of offences.
(Cap. 227).
Punishment of misde-
Bot, etc.
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89. (1) Where any provision in any Ordinance creates, or results in the creation of, an offence, the offence shall be triable summarily only, unless→→
(a) the offence is declared to be treason, felony or misdemeanor, (b) the words "upon indictment" appear; or
(c) the offence is declared to be a "misdemeanor triable sum-
marily".
(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and---
(a) the offence is declared to be treason, felony or misdemeanor;
от
(b) subject to subsection (4), the words "upon indictment" appear, the offence shall be triable only upon indictment.
(3) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be a "misdemeanor triable summarily", the offence shall be triable either on indictment or summarily.
(4) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be triable either
summarily or upon indictment or to be punishable on summary con- viction or on indictment, the offence shall be triable either on indictment or summarily,
(5) Nothing in this section shall affect-
(a) the powers conferred upon a magistrate by the Magistrates Ordinance or by any other law to try an indictable offence summarily; or
(b) the powers conferred upon the District Court by any law to
try indictable offences.
90. Where an offence is a misdemeanor by any law and no punish- ment is provided therefor, that offence shall be punishable by imprison- ment for seven years and a fine of fifty thousand dollars.
Evidence of
91. Where the Bal authorization, sanction, consent or authority signature of of the Governor or any other public officer is necessary before any prosecution or action is commenced, or for any purpose whatsoever in connexion with any proceeding, any document purporting to bear the Bat, authorization, sanction, consent or authority of the Governor, or such public officer, as the case may be, shall, until the contrary is proved, be received as evidence in any proceeding without proaf being given that the signature to such fiat, authorization, sanction, consent or authority is that of the Governor or such public officer.
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92. Where an act or omission constitutes an offence and the Amendment penalty for such offence is varied between the time of the commission
of penalty. of such offence and the conviction therefor, the offender shall be liable
to the penalty prescribed at the time of the commission of the offence.
93. Any fine or penalty imposed by or under the authority of any Disposal of Ordinance shall be paid into the general revenue of the Colony :
fines and penalties.
Provided that the Governor may direct the payment to any aggriev- ed person, or to any person whose information or evidence has led to the conviction of the offender or to the recovery of the fine or penalty, of such proportion of the fine or penalty as he may think fit.
94, (1) Where under any Ordinance any movable property is ad- Disposal of judged by any court or other authority to be forfeited, it shall be for Corfeits. feited to the Crown, and the net proceeds thereof, if it is ordered by a competent authority to be sold, shall be paid into the general revenue of the Colony.
(2) Nothing in this section shall affect any provision in any Ordin- ance whereby any portion of any forfeit or of the proceeds of any forfeit is expressed to be recoverable by any person or may be granted by any authority to any person.
tian.
95. (1) The Legislative Council may by resolution award com- Award of pensation, by way of either a single payment or periodical payments, compensa. from the general revenue of the Colony to any person injured in the execution of a moral or legal duty to assist in the prevention of or resistance to crime or any offence, or to the dependants of a person so injuried who dies as a result of such injury.
(2) Any award made under this section may be made subject to such conditions as may be specified in such resolution and may at any time be varied or revoked by the Legislative Council by resolution.
(3) No award made under this section shall be assignable or trans- ferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Government.
96. Any fee or charge made payable by or under any Ordinance Redaction, to the Crown or the Government or to any public body or public officer, le of fees not being a fee or charge which is regulated by rules of court-
and charges.
(a) may be reduced or varied by order of the Governor:
Provided that no variation thereof shall cause such fee or charge to exceed the original figure:
(b) may be remitted or refunded, in whole or in part, in any particular case and on any special ground by the Governor: (c) subject as aforesaid shall be paid into or from the general
revenue of the Colony.