CO129-291 - Governor Sir Blake - 1899 [5-6] — Page 64

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

63

punishment are laid down in part VI of the Ordinance, some of the provisions of which I will now proceed to touch upon.

Section 13 provides for the exercise of jurisdiction in civil matters where the amount in dispute or property at stake does not exceed one hundred dollars, and for criminal jurisdiction in the case of breaches made under the Ordinance and of petty assaults, and petty thefts, not requiring more punishment than a fine of ten dollars or one month's hard labour and also in the case of malicious injury to property where damage does not exceed twenty dollars.

It will be noted (see section 13) that, except by consent of the parties, a Village Court can only exercise jurisdiction in cases where both parties are natives, and section 2 of the Ordinance defines what is meant by the term "Native".

Section 14 deals with the punishment which may be awarded by the Court.

Sections 19 & 21 refer to matters of procedure.

Section 20 confers powers upon a Magistrate to deal with any cases which may be dealt with by a Village Court, and to withdraw any case from the cognizance of a Village Court if he thinks fit, and section 32 confers powers upon the President of a Village Court to order the transfer of any case from his Court to a Magistrate or other Court.

Such are the main provisions of Part VI of the Ordinance, which is the most important portion of this Ordinance.

Part VII provides for appeals being taken up to the Sub-District Courts and from thence to one Magistrate, and from the latter, by way of petition, to the Colonial Office, and ultimately to the Supreme Court.

Part VIII of the Ordinance contains certain miscellaneous provisions, the most important of which are sections 28 & 29, the former of which brings certain officers of the New Territory under the penalties of the bribery law, while the latter provides for the levying contributions on the inhabitants of a district where crime is prevalent for the whole or part of the extra cost of the police.

The only provisions of any consequence in this Ordinance, which remain over for consideration, are the provisions of Part IV.

Section 7 in that part confers a wide power upon the Governor in Council of making rules for the peace, health, cleanliness, and good government of the New Territories in general and also in particular for the making, improvement, or maintenance of (inter alia) roads, harbours, and landing places.

Section 8 gives to the same authority power to make rules for the appointment of watchmen in any District or Sub-District and for levying contributions for the payment of the same.

In explanation of this section, I ought to mention that it is the custom in China for village communities to pay contributions to the elders of villages for the maintenance of watchmen in such villages.

Part V throws a general responsibility upon District and Sub-District Committees for seeing to the enforcement of such Rules, under the supervision of such officers as the Governor may appoint.

Such a system of holding the village responsible for the preservation of order is quite in accordance with Chinese usage.

It will be noted that the Governor in Council has power, under the provisions of sub-section 2 of section...

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63 punishment are laid down in part VI of the Ordinance, some of the provisions of which I will now proceed to touch upon. Section 13 provides for the exercise of jurisdiction in civil matters where the amount in dispute or property at stake does not exceed one hundred dollars, and for criminal jurisdiction in the case of breaches made under the Ordinance and of petty assaults, and petty thefts, not requiring more punishment than a fine of ten dollars or one month's hard labour and also in the case of malicious injury to property where damage does not exceed twenty dollars. It will be noted (see section 13) that, except by consent of the parties, a Village Court can only exercise jurisdiction in cases where both parties are natives, and section 2 of the Ordinance defines what is meant by the term "Native". Section 14 deals with the punishment which may be awarded by the Court. Sections 19 & 21 refer to matters of procedure. Section 20 confers powers upon a Magistrate to deal with any cases which may be dealt with by a Village Court, and to withdraw any case from the cognizance of a Village Court if he thinks fit, and section 32 confers powers upon the President of a Village Court to order the transfer of any case from his Court to a Magistrate or other Court. Such are the main provisions of Part VI of the Ordinance, which is the most important portion of this Ordinance. Part VII provides for appeals being taken up to the Sub-District Courts and from thence to one Magistrate, and from the latter, by way of petition, to the Colonial Office, and ultimately to the Supreme Court. Part VIII of the Ordinance contains certain miscellaneous provisions, the most important of which are sections 28 & 29, the former of which brings certain officers of the New Territory under the penalties of the bribery law, while the latter provides for the levying contributions on the inhabitants of a district where crime is prevalent for the whole or part of the extra cost of the police. The only provisions of any consequence in this Ordinance, which remain over for consideration, are the provisions of Part IV. Section 7 in that part confers a wide power upon the Governor in Council of making rules for the peace, health, cleanliness, and good government of the New Territories in general and also in particular for the making, improvement, or maintenance of (inter alia) roads, harbours, and landing places. Section 8 gives to the same authority power to make rules for the appointment of watchmen in any District or Sub-District and for levying contributions for the payment of the same. In explanation of this section, I ought to mention that it is the custom in China for village communities to pay contributions to the elders of villages for the maintenance of watchmen in such villages. Part V throws a general responsibility upon District and Sub-District Committees for seeing to the enforcement of such Rules, under the supervision of such officers as the Governor may appoint. Such a system of holding the village responsible for the preservation of order is quite in accordance with Chinese usage. It will be noted that the Governor in Council has power, under the provisions of sub-section 2 of section...
Baseline (Original)
S 63 punishment are laid down in part VI of the Ordinance, some of the Marta provisions of anion I will ace proceed to Canch upon. Section 13 provides for the exercise of jurisdiction in where civil matters wher, the amount in dispute or property at stake does A not exceed one hundred dollars, and for criminal jurisdiction ofkulas es made under too Ordinance and of la tao case of breaches o potty assaults, and potty thefts, not requiring amor pun- -ishment than a fine of ten dollars or one month's hari labour and also in the case of malicious injury to propety or boundaries abon damage does not exceed twenty dollars. It will be noted (see section 13) that, except by consent. of the parties, a village Court. Can only exercise jurisdiction in cases where both parties are natives, and section 2 of the de Ordinance defines what is meant by the term "Native". Section 14 deals with thao punishment which may be awarded by the Court. Sections 19 & 21 refer to matters of procedure. Section 20 confers powers upon a Magistrat to dual with any Cases which may be dealt with by a Village Court, and to withdraw any case from the cognizance of a Village Court if he thinks fit, and section 32 confers pores upon the President of a Village Court to order tan transfer of any case from nis Court to a Magistrate or other Court VI cutain Such are the main provisions of Part of the Ordinance, which is the cost important portion of 175 Ordinan ... A Pau VII: provides for appula ming taken up teg the Sap-District Cours teptão Dist lat. Curt and from thonce to one Magistratey istrate, and from the latter, by way of patikon, to the ule Colonial Office Bospatch, #D100 1in thìa subject of pillag 3.ilties, that it was got to the Supreme Court. Part VIII of the Ordinance contains certain miscellaneous provisions, ➡i the most important of anion ara sections P & 29 the former of which brings certain officers of the New Territory under the penalties of the bribery law, of while the latter provides. for the levying contributions on the inhabitants of a district wheœ crine is provalent for the whole or part of the extra cost of the police. The only provisions of any consequence in this Ordinance, which remain over for consideration, are the pro- visions of Part IV. Section 7 in that part confers a wide power upon the Governor in Council of making mules for the peace health, cleanliness, and good government of the good per fuitor New 2 11 general and also in particular for the making in- provement or saistainance of (inter alia) roads, narbours,aud landing places. suon NatLOR MON Section 8 gives to the same authority power to make rules for the appointment of watongen in any District or SUE-District and for levying contributions for the payment of In explanation of this section I ought to mention that it is the custom in China for village communities to pay contributions to the elders of villages for the maintenance of watchmen in such villages. Part V throws a general responsibility apon District and Sub-District Committees for sewing to the enforce- ment of such Rules, under the supervision of sion officers as uno Governor may appoint. Such a system of holding the, # of the village responsible for the preservation of order A is quite in accordance with Chinese usağı. lie teos tha It will be noted that the Governor in Caunakk nas power, under tag provisions of sub-section-2 of seeria
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S

63

punishment are laid down in part VI of the Ordinance, some of the

Marta provisions of anion I will ace proceed to Canch

upon.

Section 13 provides for the exercise of jurisdiction in

where

civil matters wher, the amount in dispute or property at stake does

A

not exceed one hundred dollars, and for criminal jurisdiction

ofkulas

es made under too Ordinance and of

la tao case of breaches o

potty assaults, and potty thefts, not requiring amor pun- -ishment than a fine of ten dollars or one month's hari labour

and also in the case of malicious injury to propety or boundaries

abon damage does not exceed twenty dollars.

It will be noted (see section 13) that, except by consent.

of the parties, a village Court. Can only exercise jurisdiction in cases where both parties are natives, and section 2 of the de

Ordinance defines what is meant by the term "Native".

Section 14 deals with thao punishment which may be

awarded by the Court.

Sections 19 & 21 refer to matters of procedure.

Section 20 confers powers upon a Magistrat to dual

with any Cases which may be dealt with by a Village Court, and to

withdraw any case from the cognizance of a Village Court if he

thinks fit, and section 32 confers pores upon the President of a

Village Court to order tan transfer of any case from nis Court to

a Magistrate or other Court

VI

cutain

Such are the main provisions of Part of the Ordinance,

which is the cost important portion of 175 Ordinan

...

A

Pau VII: provides for appula ming taken up teg

the Sap-District Cours teptão Dist lat. Curt and from thonce to

one Magistratey

istrate, and from the latter, by way of patikon, to the

ule Colonial Office Bospatch, #D100

1in thìa subject of pillag

3.ilties, that it was got

to the Supreme Court.

Part VIII of the Ordinance contains certain miscellaneous provisions, ➡i the most important of anion ara

sections

P

& 29 the former of which brings certain officers of the New Territory under the penalties of the bribery law,

of

while the latter provides. for the levying contributions on the inhabitants of a district wheœ crine is provalent for the whole or part of the extra cost of the police.

The only provisions of any consequence in this Ordinance,

which remain over for consideration, are the pro- visions of Part IV.

Section 7 in that part confers a wide power upon the Governor in Council of making mules for the peace

health, cleanliness, and good government of the

good per fuitor

New

2

11 general and also in particular for the making in- provement or saistainance of (inter alia) roads, narbours,aud landing places.

suon NatLOR MON

Section 8 gives to the same authority power to make rules for the appointment of watongen in any District or SUE-District and for levying contributions for the payment of

In explanation of this section I ought to mention that it is the custom in China for village communities

to pay contributions to the elders of villages for the maintenance of watchmen in such villages.

Part V throws a general responsibility apon District and Sub-District Committees for sewing to the enforce- ment of such Rules, under the supervision of sion officers as uno Governor may appoint.

Such a system of holding the,

# of the village responsible for the preservation of order

A

is quite in accordance with Chinese usağı.

lie teos tha

It will be noted that the Governor in Caunakk

nas power, under tag provisions of sub-section-2 of seeria

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