CO129-021 - Sir John Davis - 1847 [9-12] — Page 33

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Corporal Punish- V. And be it further enacted and ordained, That in all cases ment not to exceed where it shall be necessary to inflict Corporal Punishment on Offenders sixty stripes, and under this Ordinance, such Punishment shall not at any one time to be inflicted with exceed sixty stripes, to be inflicted with a Cane or Rattan.

a cane.

Persons not being

VI. And be it further enacted and ordained that persons having able to give a satis- no ostensible means of livelihood, and being of evil fame or reputed factory account of Thieves, and found wandering about the Streets and Roads, and not themselves liable able to give satisfactory account of themselves, and it appearing upon to the punishment prescribed by this cath, that there is just ground to believe that they were there with Ordinance; and if intent to commit Felony, may be punished by such Magistrates or unregistered, to be Justices or any of them in the manner prescribed by this Ordinance ; sent out of the and if such persons being Chinese be not Registered under Ordinance No. 7 of 1846, it shall be lawful for such Magistrate or Magis- trates, or Justice or Justices, in addition to any other Punishment, to direct such persons to be sent out of the Island of Hongkong without delay.

Island.

VII. And be it further enacted and ordained, That in all cases Appeal to Su- preme Court al- where any person so on trial shall be convicted, it shall be lawful for lowed.

him at the time of his Conviction, to signify to the said Magistrates his intention of appealing against such Conviction to the Criminal Sessions of the Supreme Court, then next ensuing, and in such case, the presiding Magistrate shall certify in writing such fact, and deliver to the Sheriff or his Deputy, such Certificate with a certified copy of the Information, Depositions, the nature of the Sentence, and all documentary Evidence or Records whatsoever connected with the Trial, whereupon the Sheriff or his Deputy shall lodge the said Writings and Documents with the Registrar of the Supreme Court, and have the body of the Offender at the said ensuing Sessions, in order that the said Appeal may be tried and determined therent.

Writings and VIII. And be it further enacted and ordained, That in case the Depositions to be detention in the said Colony until the Trial of such Appeal of all or given as Evidence

any of the Witnesses who appeared at the Court below should be in Appeals.

attended with expense to the Crown or Prosecutor, it shall be lawful for the Crown or any Public Prosecutor to produce at the Trial at the said ensuing Sessions all such Writings and Depositions as were taken or used at the trial before the Magistrates, and the samę, subject to all just exceptions, shall be deemed legal Evidence of the facts therein contained, or deposed to, without producing the Wit- nesses or Deponents in person, should such Witnesses or Deponents be then absent from the Colony.

Depositions and

tes, shall be used

IX. And be it further enacted and ordained, That on the Trial Certificate of Sen- of the said Appeal, the Depositions and the said Certificate contain- tence of Magistra ing the Sentence of the said Magistrate or Magistrates, shall stand in lieu of Indict and be used in the place of an Indictment or Information, and that ment or Informa- the said Registrar shall, as soon as practicable after demand made by tion in cases of any person so convicted as aforesaid, deliver to him a copy of such Appeal.

Depositions and Certificate upon his paying for the same a Fee of six- Defendant en- titled to copies of pence for every Folio of ninety words, which said Depositions and Cer- tificate shall be Evidence as well for the Defendant as for the Presecutor.

Depositions, &c.

Parties commit-

on

X. And be it further enacted and ordained, That in all Criminal

ted for Trial en- Cases where by the Laws of England or the local Ordinances, persons titled to copies of committed for Trial shall be entitled to copies of the Depositions Depositions, taken by a Magistrate previous to their commitment, it shall be payment of six-. pence per folio of lawful for such Magistrate to permit such copies to be made on the ninety words. payment of a Fee of sixpence per Folio of ninety words.

XI. And be it further enacted and ordained, That it shall and Magistrate em- powered to decide may be lawful for the said Magistrates or Justices, or any or either in cases of wages, of them, to decide in a summary manner all cases of dispute or wages &c., between mas between masters and servants, as if such cases had been brought ters and servants.

before the Supreme Court within its Summary Jurisdiction.

nance.

Rules for con- XII. And be it further enacted and ordained, That in the con- struction of Ordi-struction of this Ordinance, unless there be something repugnant thereto, any word denoting the singular number and male sex shall be taken to extend to any number of persons or things, and to both sexes.

J. F. DAVIS.

Passed the Legislative Council of Hongkong, this 9th day of September, 1847.

L. D'ALMADA E CASTRO,

Clerk of Councils.

Hi Ahmada

Clerk of Councils.

T

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