CO129-021 - Sir John Davis - 1847 [9-12] — Page 32

in 1880

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NOV22 1847

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HONGKONG,

NDECIMO VICTORIÆ REGINÆ.

No. 6 of 1847.

By His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Gover- nor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Pleni- potentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

AN ORDINANCE FOR EXTENDING THE SUMMARY JURISDICTION OF POLICE MAGISTRATES AND JUSTICES OF THE PEACE WITHIN THE COLONY OF HONGKONG.

[9th September, 1847.]

WHEREAS it is desirable to extend the Jurisdiction of the Magistrates of the Colony of Hongkong, with a view to diminish the number of Prisoners from time to time in Jail, and to lessen the expense attending the detention of Crown Witnesses:

Title.

Preamble.

Certain criminal

I. Be it therefore enacted and ordained by 1lis Excellency the Governor with the Advice of the Legislative Council of Hongkong, cases to be tried that from and after the passing of this Ordinance, whenever, on the one or more Magis- and determined by investigation of any Criminal Charge, it shall appear to any Magis- trates. trate or Justice of the Peace that the ends of Justice would be answered

by the infliction of a Fine not to exceed in any case the sum of Fifty Punishments. Pounds, and Imprisonment not to exceed three calendar months, with or without Hard Labour, or Solitary Confinement not exceeding one month at a time, or in the case of Chinese by one, two, or three public or private Whippings, in addition to or in lieu of the Punish- ments aforesaid, or those authorized by Ordinance No. 10 of 1844, intituled, “An Ordinance to regulate Summary Proceedings before "Justices of the Peace, and to protect Justices in the execution of their office;" it shall and may be lawful for the said Magistrate, if he should think fit, to call to his assistance one or more other Magis- trates or Justices of the Peace of the said Colony, and shall by himself or in conjunction with the said other Magistrate or Justice of the Peace try and determine the case in a summary manner, provided it

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be one over which the Magistrates sitting in a Court of General or

Quarter Sessions in England have now Jurisdiction.

of

II. And be it further enacted and ordained, That if any pecu- In default of pay- Penalty imposed by this or by any other Ordinance ment Fines, niary Fine or now in force in the Colony of Hongkong and its Dependencies, shall parties convicted not be paid on conviction, the said Magistrate or Magistrates, Justice to be imprisoned for three months, or Justices, shall commit the person convicted to the Jail or Public or until payment, Prison, there to be kept at Hard Labour for any time not to exceed if sooner made, &c. three months, as the said Magistrates or Justices shall think fit to direct, unless such pecuniary Fine or Penalty shall be sooner paid; or the said Magistrate or Magistrates, or Justice or Justices, may send the person convicted to the Jail or Public Prison, there to remain for three days, exclusive of the day of commitment, with an order that within the said time the person so convicted shall be once or twice publicly whipped at the Market or other public place.

insulting expres.

III. And be it further enacted and ordained, That every person Persons using making use of any insulting or indecent expression in Chinese or in sions before the any other language before the said Magistrates or Justices shall be Magistrate, to be liable to a Fine not exceeding Ten Pounds, and in default of pay fined, &c. ment shall be punished under the second Section of this Ordinance.

Magistrate

to

IV. And be it further enacted and ordained, That such Magistrate or Magistrates, Justice or Justices, shall have power, authority, and ju- decide in cases of risdiction, to decide in all cases of Larceny where the property stolen Larceny when the property stolen shall not exceed Ten Pounds in value, provided that in any case no shall not exceed greater punishment shall be awarded than is sanctioned by this Ordinance. £10 in value.

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