CO129-162 - Sir Kennedy - 1873 [1-3] — Page 347

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Hong Kong,

3rd March, 1875.

Governor

Sir Arthur Kennedy, K.C.M.G.,

to The Right Honorable The Earl of Kimberley

Abolition of Minimum Punishments Ordinance, No.2

of 1870 as amended 1873. - Submits

for approval the

Statement of Objects and Reasons.

By this Ordinance, it is proposed to abolish generally all enactments providing Minimum Punishments for offences triable summarily before Magistrates. In cases of a first offence, or where there are mitigating circumstances, it is very desirable to leave the amount of punishment (below the maximum limit) to the entire discretion of the Magistrate. Examples of the Restriction which it is intended to abolish may be found in the "Victoria Registration Ordinance," the "Harbor and Coasts Ordinance," and others; there have been instances in which Magistrates have been reluctantly compelled either to dismiss the case without any punishment at all, or to inflict a graver punishment than the circumstances of the case seemed to justify. This Ordinance, therefore, will give greater latitude to the Magistrates, and is intended as a just measure of relief.

JULIAN PAUNCEFOTE,

Attorney General.

(2 Enclosures)

Page 384

73

341

EX

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Hong Kong, 3rd March, 1875. Governor Sir Arthur Kennedy, K.C.M.G., to The Right Honorable The Earl of Kimberley Abolition of Minimum Punishments Ordinance, No.2 of 1870 as amended 1873. - Submits for approval the Statement of Objects and Reasons. By this Ordinance, it is proposed to abolish generally all enactments providing Minimum Punishments for offences triable summarily before Magistrates. In cases of a first offence, or where there are mitigating circumstances, it is very desirable to leave the amount of punishment (below the maximum limit) to the entire discretion of the Magistrate. Examples of the Restriction which it is intended to abolish may be found in the "Victoria Registration Ordinance," the "Harbor and Coasts Ordinance," and others; there have been instances in which Magistrates have been reluctantly compelled either to dismiss the case without any punishment at all, or to inflict a graver punishment than the circumstances of the case seemed to justify. This Ordinance, therefore, will give greater latitude to the Magistrates, and is intended as a just measure of relief. JULIAN PAUNCEFOTE, Attorney General. (2 Enclosures) Page 384 73 341 EX
Baseline (Original)
Kong- NHH.. 3th March, 1875.. Governer Sir Arthur Kennedy, R... G., to The Right Honorable The Karl of Kimberley Abolition of Minimum Punishments Ordinance, N.2 of 1570 at mits 1873.= Submits for approval the } Statement of Objects and Reasons. By this Ordinance, it is proposed to abolish generally all enact- ments providing Minimum Punishments for offences triable summarily before Magistrates. In cases of a first offence, or where there are mitigating circumstances, it is very desirable to leave the amount of punishment (below the maximun limit) to the entire discretion of the Magistrate. Examples of the Restric- tion which it is intended to abolish may be found in the "Victoria Registration Ordinance," the "Harbor and Coasts Ordinance," and others; there have been instances in which Magistrates have been reluctantly compelled either to dismiss the case without any punishment at all, or to inflict a graver punishment than the circumstances of the case seemed to justify. This Ordinance, therefore, will give greater latitude to the Magistrates, and is intended as a just measure of relief. JULIAN PAUNCEFOTE, Attorney General. (2 Enclosures) 3844 73 341 EX
2026-05-21 01:28:22 · Baseline
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Kong-

NHH..

3th March, 1875..

Governer

Sir Arthur Kennedy, R... G.,

to The Right Honorable The Karl of Kimberley

Abolition of Minimum Punishments Ordinance, N.2

of 1570 at mits 1873.= Submits

for approval the

}

Statement of Objects and Reasons.

By this Ordinance, it is proposed to abolish generally all enact- ments providing Minimum Punishments for offences triable summarily before Magistrates. In cases of a first offence, or where there are mitigating circumstances, it is very desirable to leave the amount of punishment (below the maximun limit) to the entire discretion of the Magistrate. Examples of the Restric- tion which it is intended to abolish may be found in the "Victoria Registration Ordinance," the "Harbor and Coasts Ordinance," and others; there have been instances in which Magistrates have been reluctantly compelled either to dismiss the case without any punishment at all, or to inflict a graver punishment than the circumstances of the case seemed to justify. This Ordinance, therefore, will give greater latitude to the Magistrates, and is intended as a just measure of relief.

JULIAN PAUNCEFOTE,

Attorney General.

(2 Enclosures)

3844

73

341

EX

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