Directory_and_Chronicle_1906 — Page 350

Directories & Chronicles 香港指南 All

271

Negligence of officers.

Extortion.

Offences within 100 miles of the coast.

ORDER IN COUNCIL

(b) Within or close to the room or place where the Court is sitting wilfully misbehaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or to the intimidation of suitors or others resorting thereto; or

(c) Wilfully insults any member of the Court, or any assessor or juror, or any person acting as clerk or officer of the Court, during his sitting or attendance in Court, or in his going to or returning from Court; or

(d) Does any act in relation to the Supreme Court or a Provincial Court or a matter pending therein, which, if done in relation to the High Court in England, would be punishable as a con- tempt of that Court,--

he shall be guilty of a grave offence against this Order;

Provided that the Court, if it thinks fit, instead of directing proceed- ings as for an offence against this Order, may order the offender to be apprehended forthwith, with or without warrant, and on inquiry and consideration, and after the hearing of any defence which such person may offer, without further process or trial, may adjudge him to be punished with a fine not exceeding £10, or with imprisonment not ex- ceeding twenty-four hours, at the discretion of the Court.

(2) A Minute shall be made and kept of every such case of punish- ment, recording the facts of the offence, and the extent of the punish- ment. In the case of a Provincial Court, a copy of the Minute shall be forthwith sent to the Supreme Court.

(3) Nothing herein shall interfere with the power of the Court to remove or exclude persons who interrupt or obstruct the proceedings of the Court.

if

78.—(1) If an officer of the Court employed to execute an order loses by neglect or omission the opportunity of executing it, then, on complaint of the person aggrieved, and proof of the fact alleged, the Court may, it thinks fit, order the officer to pay the damages sustained by the person complaining, or part thereof.

(2) The order shall be enforced as an order directing payment of

money.

79.--(1) If a clerk or officer of the Court, acting under pretence of the process or authority of the Court, is charged with extortion, or with not paying over money duly levied, or with other misconduct, the Court, if it thinks fit, may inquire into the charge in a summary way, and may for that purpose summon and enforce the attendance of all necessary persons, as in an action, and may make such order for the repayment of any money extorted, or for the payment over of any money levied, aud for the payment of such damages and costs, as the Court thinks fit.

(2) The Court may also, if it thinks fit, on the same inquiry, impose on the clerk or officer such fine, not exceeding: £5 for each offence, as the Court thinks fit.

(3) A clerk or officer against whom an order has been made or who has been acquitted under this Article shall not be liable to an action in respect of the same matter; and any such action, if begun, shall be stayed by the Court in such manner and on such terms as the Court thinks fit.

Authority within 100 miles of Coast.

80.-(1) Where a British subject, being in China or Corea, is charged with having committed, either before or after the commencement of this Order, any offence within a British ship at a distance of not more than 100 miles from the coast of China, or within a Chinese or Corean ship at such a distance as aforesaid, or within a ship not lawfully entitled to claim the protection of the flag of any State, at such a distance as

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