12495-1909-Ordinances-passed-and-assented-to--Malicious-Damage-Amendment-No-28 — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.

No. 628.--- His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 28 of 1909.—An Ordinance to amend the Malicious Damage Ordin-

ance, 1865.

Ordinance No. 29 of 1909.—An Ordinance to relieve the Governor-in-Council of certain duties.

HONGKONG.

No. 28 of 1909.

An Ordinance to amend the Malicious Damage

Ordinance, 1865.

LS

F. D. LUGARD,

Governor.

[8th October, 1909.]

Short title

and con- struction.

Interpret- ation.

Injuries to

railways and railway carriages. (24 & 25 Vict, ca}. 97, s. 35.)

Obstructing engines or

carriages on

ailways. (24 and 25 Vict. cap. 97. s. 36.)

Injuries to trees and plants upon Crown land and to other Crown property.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Malicious Dam- age Amendment Ordinance, 1909, and it shall be read and construed as one with the Malicious Damage Ordinance, 1865, hereinafter referred to as the Principal Ordinance.

PART J.

Injuries to railways and railway carriages.

2. For the purposes of this Part the expression “Rail-

includes Tramway.

way

+

3. Every person who unlawfully and maliciously puts, places, casts, or throws upon or across any railway any wood, stone, or other matter or thing, or who unlawfully aud maliciously takes up, moves, or displaces any rail, sleeper, or other matter or thing belonging to any railway, or who unlawfully and maliciously turns, moves, or diverts any points, signalling apparatus, or other machinery be- longing to any railway, or who unlawfully and maliciously makes or shows, hides or removes, any signal or light upon or near to any railway, or who unlawfully and maliciously does or causes to be done any other matter or thing, with intent, in any of the eases aforesaid, to obstruct, upset, overthrow, injme, or destroy any engine, tender, carriage. or truck using such railway, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to imprisonment with hard labour for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping.

4. Every person who by any unlawful act, or by any wilful omission or neglect, obstructs or causes to be obstruet- ed any engine, carriage, ear, or truck using any railway, or who aids or assists therein, shall be guilty of a mis- demeanour, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour.

PART II.

Injuries to trees upon Crown land and do other Crown property.

5. Whenever it is proved to the satisfaction of the Gov- ernor that trees or growing plants upon Crown land have been felled, cut, or otherwise damaged or destroyed, or that any wilful or wanton damage has been done in or upon any Crown property or land in or in the neighbourhood of any village in this Colony, and that there is sufficient rea- son to believe that such damage or destruction was com- mitted by the inhabitants of the said village or any of them, itshall be lawful for him by order under his hand to direct that a fine payable at the time and in the manner prescribed in the said order shall be levied upon all persons who are registered in the Land Office as owners of land in the said