1953-HKRS28-8-20_Part01 — Page 9

Fenalties.

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31. (1) Where the District Court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or is at the same time sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprisonment shall commence at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo as aforesaid.

(2) Notwithstanding the provisions of any enactment in force at the commencement of this Ordinance and notwithstanding that proceedings have not been taken by way of indictment, the District Court may impose any penalty and make any order provided by law for or in connexion with any offence of which it has cognizance: Provided that

(4) no sentence of imprisonment passed by the District Court shall exceed five years in respect of one offence and where two or more consecutive terms of imprisonment are imposed by the court under subsection (1), the aggregate of the said terms of imprisonment shall not exceed five years; and

(b) any term of imprisonment imposed in default of payment of a fine shall be without hard labour and shall not exceed one year.

(3) Where the District Court has authority to impose imprisonment of any description for any offence, and has not authority to impose a fine therefor, the court may, if it thinks fit, impose a fine in lieu of imprisonment: Provided that-

(a) any term of imprisonment imposed in default of payment

of a fine shall be without hard labour;

(b) no such term of imprisonment shall exceed the term to

which the offender would be liable for the offence of which. he stands convicted; and

(c) no such term of imprisonment shall in any event exceed

one year.

(4) Where by any enactment the Supreme Court is em-1 powered to impose any punishment upon, or to do any other act or thing in relation to, a person who has been convicted on indictment of an offence, the District Court shall, subject to the provisions of this section, have like powers in relation to a person convicted of such offence under the provisions of this Part.

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32. Sections 81 to 84 inclusive of the Criminal Procedure Appeals. Ordinance (which relate to appeals) shall apply to criminal pro- (Cap. 221), ceedings in the District Court with such verbal alterations and modifications not affecting the substance thereof as may be necessary to render the same conveniently applicable, and, in particular, any reference to the expression indictment" shall be understood to refer to a charge sheer, and any reference to the expression "jury" shall be understood to refer to a District Judge as a judge of fact.

and

33. Sections go to 95 inclusive of the Criminal Procedure Accessories Ordinance (which relate to the law concerning accessories and abettors. abettors) shall apply to proceedings in the District Court with such verbal alterations and modifications not affecting the sub- stance thereof as may be necessary to render the same con- veniently applicable.

34. The District Court shall have all the powers conferred Seizure of upon the Supreme Court by sections 103 to 107 inclusive of the property. Criminal Procedure Ordinance.

(Csp. 221).

functions.

35. In addition to the powers conferred by this Ordinance, Magisterial a District Judge shall have, ex officio, all the jurisdiction and powers of a permanent magistrate, but such jurisdiction and powers shall be exercised separately from his jurisdiction and powers as a judge.

38. The District Court Rules Committee may make rules Criminal

Procedure (to be known as the District Court Criminal Procedure Rules) Rules. touching the procedure and practice of the District Court in the exercise of its criminal jurisdiction and such rules may prescribe or provide for

(a) forms to be used in the court, including in relation to charge sheets all such matters as may be prescribed in relation to indictments by rules made under section 17 of the Criminal Procedure Ordinance ;

(b) the times at or within which documents must be filed in the court or notices delivered to or served on the court or any person;

(c) the functions in relation to criminal proceedings in the

court of the various officers of the court;

(d) the manner in which the right of audience shall be enjoyed and used, the order of addresses, and the form and practice of advocacy in the court: