CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 59

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Punishments.

58. Save as is herein otherwise expressly provided, the powers of the Courts with respect to punishments are limited as follows:-

(1) The Supreme Court may award in respect of an offence any punishment which may in respect of a similar offence be awarded in England: provided that (a) im- prisonment with hard labour for life or a less term shall be substituted for sentence of death or penal servitude, and (b) the Supreme Court shall not award a fine exceeding one thousand pounds; or, in case of a continuing offence, in addition to imprisonment or fine, or both, a fine exceeding ten pounds for each day during which the offence continues after convic- tion. (2) A Provincial Court may award imprisonment, not exceed- ing twelve months, with or without hard labour, and with or without a fine not exceeding one hundred pounds; or a fine not exceeding one hundred pounds, without imprisonment; or in case of a continuing offence, in addition to imprisonment or fine, or both, a fine not exceeding two pounds for each day during which the offence continues after conviction. Provided that where a case has been reported to the Supreme Court for directions, and the Supreme Court has directed that the case shall be tried in the Provincial Court, the Provincial Court may award imprison- ment not exceeding five years, or a fine not exceeding two hundred pounds, but if the punishment awarded is imprisonment for more than twelve months, or a fine exceeding one hundred pounds, the sentence shall be subject to confirmation or modification by the Supreme Court.

(3) A Local Court may adjudge punishment as follows:-

A fine not exceeding five pounds, without im- prisonment provided that a Local Court shall not hear and determine any charge unless the offence is punishable on summary conviction.

(4) But nothing in this Article shall be deemed to empower any Court to award for any offence any punishment not authorized by law in relation to that offence.

59.-(1) If any person is guilty of an offence against this Order, not distinguished as a grave offence against this Order, he is liable, on summary conviction-

(i) To a fine not exceeding five pounds, without im-

prisonment; or

(ii) To imprisonment not exceeding one month, without

fine; or

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(iii) To imprisonment not exceeding fourteen days, with a

fine not exceeding fifty shillings.

(2) Imprisonment under this Article is without hard labour. 60.-(1) If any person is guilty of an offence against this Order, distinguished as a grave offence against this Order, he is liable, on summary conviction before the Supreme Court or a Provincial Court-

(i) To a fine not exceeding ten pounds, without imprison-

ment; or

(ii) To imprisonment not exceeding two months, without

fine; or

(iii) To imprisonment not exceeding one month, with a fine

not exceeding five pounds.

(2) Imprisonment under this Article is, in the discretion of the Court, with or without hard labour.

61.-(1) The Court may, if it thinks fit, order a person con- victed of an offence to pay to any person injured by the offence, or to the dependents of any person whose death has been caused by the offence, any sum not exceeding fifty pounds by way of damages, or, in cases of theft, not exceeding the value of the goods stolen.

(2) Damages so ordered to be paid may be either in addition to or in lieu of a fine, and shall be recoverable in like manner as a fine.

(3) In any civil action founded on the same facts the Court shall in awarding damages take into consideration any damages paid hereunder.

(4) The Court may, if it thinks fit, order a person con- victed before it to pay all or part of the expenses of his prosecu- tion, or of his imprisonment or other punishment or of both, the amount being specified in the order. The reasons for making the order or for refusing an application for such an order shall be recorded in the Minutes.

62.-(1) Where it appears to the Court that a complaint is malicious, or frivolous and vexatious, the Court may, if it thinks fit, order the complainant to pay to the accused a sum not exceed- ing fifty pounds by way of damages, and in addition to pay all or part of the expenses of the prosecution, the amount being specified in the order.

(2) Damages so ordered to be paid shall be recoverable in like manner as a fine.

(3) On payment of such damages no action shall lie for malicious prosecution without the leave of the Court.

(4) The Court may, where it thinks fit, require a complainant or prosecutor to give security for the payment of any costs or damages for which he might become liable under this Article.

(5) In all cases the reasons of the Court for making an order under this Article, or for refusing it if applied for, shall be recorded in the Minutes.

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