CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 43

43

javingas to

Penalties under

Jangerous Drugs )rainance.

Confirmation of sentences.

() No District Court small have jurisdiction in respect ol any orïence specilieu in the Schedule to this Proclamation, and in the case of a New Territories District Court the saia Scneaulę snall be read anu construed as if it speciiiea, in adɑuition to the oiiences speciiiea, any offence against any proclamation or enactment issueu by or under we' military administration in respect of which a penalty of imprisonment exceeding three years, or a Line exceeding two thousand dollars, or both such imprisonment and fine may be imposed,

· (0)

7.

(4)

No Urban District Court composed of one member only shall impose any penalty involving imprisonment exceeding three years, or a fine exceedius two thousand dollars or both such imprisonment and fine or further imprisonment in default of payment of such fine; but an Urban District Court composed of two members may impose any lawful penalty not involving imprisonment exceeding seven years, or a fine e..cecuing three thousand dollars, or Lotn such imprisonment and fine or jurther imprisonment in aefault of payment of such line.

No New Terricories District 'Court small impose any penalty involving imprisonment exceeding one year, or a fine exceeding one thousand dollars, or botn such imprisonment and line or lurther imprisonment in default of payment of such line.

(5) Notning in unis Proclamation suaïl be construed as

preventing ine imposition by any military court of a sentence of flogging in aquition to any otuer punisament awarded for an offence and the provisions of the Flossing Ordinance, 1905, saali in relation to offences tried by military courts have full force and ellect and the said Orainance small be read and construed as if the words "a diguer, Courɩ" or

"a District Court" were substituted for the words "tne Supreme Court" or "a magistrate" respectively, wnerever the same occur in une salo Ordinance.

Notwithstanding anything contained in wis

Proclamation, an urban Distric. Court composed of two Members shall have jurisdiction to try any person charged -with ally oilence or attempted oilence against the provisions

of the Dangerous Drugs urdinance, 1955, eitner as enacted or as lead and construed in accordance with the terms of any Proclamation, and to impose the maximum penalties which may under the said Oroinance be imposed on conviction on indictment.

8.

(1) No sentence of deatu suali be carried into effect

unless and until it be comirmed in writing by the General Officer Commanding the Brilisn and Allieɑ Forces in the Colony, or by an ollicer not below the rank of Erigauier to whom ne shall nave delegated autnority in that verar in writing.