Justice to take recognizance for good behaviour.
Limitation of prosecutions.
Interpretation of the word month.
Chinese offend-
nese usage.
otherwise interested in the event of the cause, directly or indirectly, be deemed to be incompetent as a Witness before any Court of Justice or Justice of the Peace, in any proceed- ing whatsoever, whether civil or criminal.
XXII. And be it enacted, That in all cases where any com- plaint shall be made against any person, the Justice by or before whom such complaint shall be heard may, if he shall so think proper, require the party complained against, and whether such party shall be convicted or not on such com- plaint, to enter into a recognizance, with two sufficient sureties for his good behaviour, for such term, and in such sum, as such Justice shall think proper, so as such term do not exceed twelve months, nor such sum Two Hundred Dollars.
XXIII And be it enacted, That from and after the taking effect of this Ordinance, no person shall be liable to be con- victed by any Justice in a summary manner as aforesaid, unless upon information laid and had before a Justice of the Peace authorized to receive the same, within the space of six calendar months next after the commission of such offence or offences: Provided always, that nothing herein contained shall extend to prevent any person from being indicted for any offence, as if this Ordinance had not been passed.
XXIV. And be it enacted, That the word month, in this and all other Ordinances, shall be deemed to mean a Calendar, and not a Lunar Month.
XXV. And be it enacted, That in lieu of the whole, or ers to be punished any part of any penalty, provided by any Law, Statute, or according to Chi- Ordinance whatsoever, it shall be lawful for the Court, or Justice, before whom the matter shall be adjudicated upon, to sentence any offender, being a native of China, or a native of Hongkong of Chinese origin, to undergo such punishment, in conformity with the usages of China, as has hitherto been usually inflicted on natives of China, committing offences in this Colony.
HENRY POTTINGER,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 10th day of April, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
HONGKONG
on the
SCHEDULE REFERRED TO.
Form of Judgment or Conviction.
day of
Be it remembered, that on this 184 •
(name) of (place) was duly convicted before me A. B. (or us A. B. § C. D.) one (or two, or more, as the case may be) of Her Majesty's Justices of the Peace, upon an information in that behalf exhibited before (name of the Justice or Justices)
day of now last past, for that on the
day of
184 (state the fact or offence in respect of which the Judgment or Conviction is had) and I (or we) do (if the conviction is made for an offence against any particular Statute or Ordinance, state it) award, order, and adjudge, that (set forth the adjucation, and if awarding a penalty, as follows) the said (offender) do for such offence (where necessary add being his second, or third, or subsequent offence, as the case may be) forfeit and pay the sum of
to be distributed as in manner following; "that is to say," (describe the mode of distribution,) (or if a Chinese offender describe the substituted punishment) besides the costs and charges of and attending this conviction (if given) which said costs and charges, I (or we) the said Justice (or Justices,) do hereby ascertain and assess at the sum of Given under my hand and seal, (or our hands and seals) the day and year first above
written.
HONGKONG:
PRINTED BY AUTHORITY, AT THE OFFICE OF THE CHINA MAIL
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