17442-1910-Supplementary-Bills-read-a-first-time--Pharmacy-Amendment — Page 5

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A BILL

ENTITLED

Short title and con- struction.

Interpret- ation.

Injuries to

railway carriages, (24 & 25 Vict. cap. 97, s. 35.)

An Ordinance to amend the Malicious Damage

Ordinance, 1865.

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 Malicions Damage Amendment Ordinance, 1910, and it shall be read and construed as oue with the Malicious Damage Ordinance, 1865, hereinafter referred to as the Principal Ordinance.

PART 1.

Injuries to railways and railway carriages.

2. For the purposes of this Part the expression

" includes Tramway. way

"Rail-

3. Every person who unlawfully and maliciously puts, railways and places, casts, or throws upon or across any railway any wood, stone, or other matter or thing, or who unlawfully and 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 cases aforesaid, to obstruct, upset, overthrow, injure, 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.

Obstructing engines or carriages on railways. (24 & 25 Vict. cap. 97. 3. 86.)

Injuries to trees and

Crown land

Crown prop-

erty.

4. Every person who by any unlawful act, or by any wilful omission or neglect, obstructs or causes to be obstruct- ed any engine, carriage, car, 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 terin not exceeding two years, with or without hard labour.

PART II.

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

5. Whenever it is proved to the satisfaction of the Governor-in-Council that trees or growing plants upon plants upon Crown land have been felled, cut, or otherwise damaged or and to other 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 reason to believe that such damage or destruction was committed by the inhabitants of the said village or any of them, it shall be lawful for the said Governor-in-Council to order 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 village and in such areas adjacent to the said village as the Governor-in- Council may in the said order direct aud who reside in the said village or within the said area and such order shall continue in force until the Governor-in-Council by a further order revokes or alters the original order, which the Governor-in-Council shall do if satisfied that the injuries to trees or growing plants on account of which the original order was issued have ceased or that full com- pensation has been paid by way of fine for the damage done to Crown property or land, or that such injuries or damage were not committed by the inhabitants of such village.

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