1962-HKRS28-8-29_Part01 — Page 44

Shiinary punishment For perjury.

Enforcement of liability for loss.

Enforcemenl of Ones.

Enforcement

of orders and Wurmanis for

imprison- ment.

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(ii) impose upon the offender a fine not exceeding one

thousand dollars for every such offence.

17. lf it appears to a judge that any witness (which shall include a party who gives evidence on his own behalf) has wilfully given false testimony, the judge may-

(a) by warrant under his hand commit the offender to prison for a specified period not exceeding four- teen days; or

(6) impose upon the offender a fine not exceeding one

thousand dollars for every such offence:

Provided that before making any order under this section, the judge shall first clearly inform the witness of the specific words which appear to the judge to constitute a false testimony and shall give the witness an opportunity of showing cause why the order should not be made and shall, if so requested by the said witness, adjourn the pro- ceedings in order to enable the said witness to instruct solicitor or counsel on his behalf.

18. In default of the payment of any fees which have been prescribed, payment thereof shall be enforced, by order of the Court, in like manner as payment of any debt adjudged by the Court to be paid.

19. Payment of any fine imposed by a Court under this Ordinance may, upon the expiration of the time limited for payment thereof, be enforced upon the order of a judge--

(a) in like manner as payment of any debt adjudged

by the Court to be paid; or

(b) if the judge thinks fit, by committal of the offender Lo prison for a specified period not exceeding fourteen days.

20. Whenever any order or warrant for the committal of any person to prison is made or issued by the Court or a judge, the order or warrant shall be directed to the Registrar who shall thereby be empowered to take the body of the person against whom the order is made on the warrant issued and it shall be the duty--

(a) of every police officer to assist in the execution

of every such order or warrant; and

(b) of the officer in charge of the prison mentioned

in any such order or warrant to receive and keep the person therein mentioned until he is lawfully discharged.

Registrar to take charge of fees, etc.

Officer illegally demanding fbcs.

Falsely pretending to Act under Huthority of 1be Court.

have been issued from the Court.

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20A. There shall be paid to the Registrar-

(a) all fees payable under this Ordinance or under any other enactment, in respect of any proceedings in the Court;

(b) all forfeitures so imposed; and

(c) all fines so imposed, except so much of a fine as by virtue of subsection (3) of section 15, is directed to be applied towards indemnifying a party injured.

21. Any officer of the Court who directly or indirectly asks for or receives any fee or gratuity, not authorized by law in respect of any of the duties of his office shall be guilty of an offence and shall be liable-

(a) on summary conviction to a fine of two thousand

dollars and to imprisonment for two years; or

(b) on conviction on indictment to imprisonment for

seven years.

21A. Any person who--

(a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of the Court, knowing it to be false; or

(6) acts or professes to act under any false colour or pretence of the process or authority of the Court, shall be guilty of an offence and shall be liable-

(1) on summary conviction to a fine of two thousand dollars and to imprisonment for two years; or (ii) on conviction on indictment to imprisonment for

seven years.

Falsely

22. Without prejudice to the provisions of section 21A representing documents to any person who knowingly delivers or cause to be deliver- ed to any person any document which not having been issued under the authority of the Court has, by reason of its form or contents or both, the appearance of having been issued under such authority shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars and to imprisonment for twelve months. 22A. Any person who rescues or attempts to rescue any goods seized in execution under process of the Court or seized under a distress for rent shall be guilty of an offence and shall be liable---

Rescuing

(a) on summary conviction to a fine of one thousand dollars and to imprisonment for twelve months;

or