189388-1932-Ordinances-passed-and-assented-to--Summary-Offences-No-40-of-1932-Magistrates-No-41-of-1932-Registration-of-United-Kingdom-Patents--No-42-of-1932-Protection-of-Women-and-Girls-Amendment-No-43-of-1932 — Page 29

1212

THE HONG KONG GOVERNMENT

Penalty on

common informer

for com-

pounding without

magistrate.

DECEMBER 9, 1952.

the owner thereof, or, if the owner cannot be ascertained, make such order in respect to the property as to the magistrate may seem meet: Provided that, in the case of property the owner of which is unknown, no order for forfeiture to the Crown shall be made under this section until after the expiration of twelve months from the time when such property came into the possession of the police,

(2) An order under this section shall not affect the right of any person to take within six months from the date of the order legal proceedings against any person in possession of property delivered to him by virtue of such order, but on the expiration of those six months the right shall cease.

44. In case any person lays any information before a magistrate for any offence alleged to have been committed, by which he was not personally aggrieved, and afterwards directly or indirectly receives, without the permission of a magistrate, permission of any sum of money or reward for compounding, delaying or withdrawing the information, it shall be lawful for a magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with such compound- ing, delay or withdrawal; and if such offence is proved by the confession of the said informer or by the oath of any credible witness, he shall be liable to a penalty not exceeding two hund- red dollars.

Warrant of distress.

c. 43, s. 19.

First Schedule. Form No. 15.

First Schedule. Forms Nos. 40 and 41.

Distress and committal warrants.

45. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and 11 & 12 Vict. by the enactment authorising such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enactment in that behalf no mode of raising or levying such fine or sum of money or of enforcing the payment of the same is stated or provided, it shall be lawful for a magistrate to issue his warrant of distress for the purpose of levying the same, which shall be in writing under his hand and seal: Provided always that whenever it appears to the magis- trate to whom application is made for any such warrant that the issuing thereof would be ruinous to the defendant and his family, or whenever it appears to the magistrate, by the con- fession of the defendant or otherwise, that he has no goods or chattels whereon to levy the distress, or whenever in the opinion of the magistrate it is inexpedient to issue such warrant, then and in every such case it shall be lawful for the magistrate, instead of issuing the warrant of distress, to com- mit the defendant to prison, with or without hard labour, for such time and in such manner as by law the defendant might be so committed in case such warrant had issued and no goods or chattels could be found whereon to levy such fine or sum and costs aforesaid.

Allowing defendant to go at large until return nade to

warrant, etc.

46. Where a magistrate issues any such warrant of dis- tress it shall be lawful for him to suffer the defendant to go at large, or, by a written warrant in that behalf or verbally, to order the defendant to be kept and detained in safe custody 11 & 12 Vict. until return is made to the warrant, unless the defendant gives sufficient security, by recognizance or otherwise, to the satis- faction of the magistrate, for his appearance before a magis- trate at the time and place appointed for the return of the warrant : Provided always that in any case where a defendant gives security by recognizance as aforesaid, and does not after-

c. 43, s. 20. First Schedule. Form No. 54.