1950-HKRS29-8-17_Part01 — Page 14

Delegation

not to

preclude

exorcise of

powers by officer delegating

BRIA.

Power of majority.

Bignifica tion of Ordera

of tho

Governor

and

Council.

20

28. Where by any enactment the Governor or any public officer is empowered to delegate the exercise of any of the powers or the performance of any of the duties vested in him under such enactment, no delegation made thereunder shall preclude the Governor or public officer, as the case may be, from exercising or performing in person at any time any of the powers or duties so delegated.

27. Whenever any act or thing is required by any enactment to be done by more than two persons, a majority of them may do it.

28. Where under any enactment the Governor or the Governor in Council is given power to make any regulations or appointment, give any directions, issue any order, authorize any thing or matter to be done, grant any exemption, remit any fee Governor in or penalty, or exercise any other power, it shall be sufficient if the exercise of such power be signified, in the case of the Governor, under the hand of the Colonial Secretary and, in the case of the Governor in Council, under the hand of the Clerk of Councils : Provided always that the foregoing provision shall not apply to the power of the Governor to issue any warrants or proclamations which shall be made or issued only under the hand of the Governor himself.

Attempt to

AVOID

offence to be deemed an offence.

Trovision

as to offences under twe

or more

Inwa.

Penalties proscribed to tre

maximum penalties.

PART VI.

PROVISION AS to Offences, PENALTIES, FINES, FEES AND FORFEITURES.

29. A provision which constitutes or results in the constitu- tion of an offence shall be deemed to include a provision that an attempt to commit such offence shall itself constitute an offence which may be dealt with and punished in like manner as if the offence had been committed.

30. Where any act or omission constitutes an offence under two or more enactments, or both under an enactment and under any other law, the offender shall be liable to be prosecuted and punished under either or any of such enactments or under such other law, but shall not be liable to be punished twice for the same offence.

31. Whenever in or by virtue of any enactment, including any imperial enactment applicable to Hong Kong, a penalty, whether of fine or imprisonment is prescribed for an offence the same shall imply—

P

(a) that such offence shall be punishable upon conviction by a penalty not exceeding the penalty prescribed; and

(b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any provision of law against excessive and unreasonable fines and assessments, be punishable by a fine of any amount.

after section to

32. Where in any enactment any fine, penalty or term of Statement imprisonment is set out at the foot of any section the same shall of penalty be deemed to prescribe that any contravention of the section-

(u) shall be an offence against that enactment; (b) shall be punishable by a fine, penalty or term of for con imprisonment not exceeding the amount or term stated;

(c) shall be punishable upon indictment if declared to be treason, felony or misdemeanor or if the words "upon indictment" appear, and in every other case shall be punishable on summary conviction,

indicate

Duximum penalty

travention.

demennor

33. Whenever an offence is declared by any enactment to be Punishment a misdemeanor and no punishment is provided therefor and of mit- whenever no provision has been made by any enactment for the where punishment of a common law misdemeanor the punishment for punishment such misdemeanor shall be imprisonment for three years and a otherwise fine of five thousand dollars.

specified.

pot

34. Whenever in or by virtue of any enactment including If several any imperial enactment applicable to Hong Kong, more than one penalties penalty is prescribed for an offence the use of the word "and" ed "and"

are provid. shall signify that the penalties may be inflicted alternatively or is to be cumulatively,

construad

altar- natively

or cumula- tively.

35. Any fine or penalty imposed by or under the authority Disposal of of any enactment shall be paid into the general revenue of the fines and penalties. Colony Provided that the Governor may direct the payment to any aggrieved 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.

38. (1) Where under any enactment any animal or thing is Disposal of adjudged by any court or other authority to be forfeited, it shall forfeits. be forfeited to the Crown, and the net proceeds thereof, if it is ordered by competent authority to be sold, shall be paid into the general revenue of the Colony.