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 31

1214 THE HONG KONG GOVERNMENT

Commitment for dis- obedience of order to

do some act, etc., not

being

payment

of money.

c. 43, s 24.

E DECEMBER 9,

1952.

50. (1) Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or imprisoned and kept to hard labour, or where an order is not for the pay- ment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned, or imprisoned and kept to hard. 11 & 12 Vict. labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Super- intendent of Prisons, and requiring the said Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs.

First Schedule. Forms Nos. 55 and 56.

First Schedule. Forms Nos. 42, 43 and 57.

Consecutive sentences of imprison- ment.

c. 58, s. 18.

(2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also commit- ted to prison there to be kept for any time not exceeding one month, with or without hard labour, to commence at the ter- mination of the imprisonment which be is then undergoing, unless such sum for costs and all costs and charges of the dis- tress shall be sooner paid.

51. Where a term of imprisonment is imposed by a magistrate, either in the first instance or in respect of the non-payment of any sum of money adjudged to be paid by a 4 & 5 Geo. 5, conviction or order, the magistrate may order that the said term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court: Provided that where two or more terms of imprisonment imposed by a magistrate or magistrates are ordered to run consecutively the aggregate of the said terms of imprisonment shall not exceed twelve months.

On pay. ment of fine and expenses distress not to be levied, or party, if imprisoned, to be

52. Where any person against whom a warrant of distress issues as aforesaid pays or tenders to the constable or other officer having the execution of the same the sum mentioned in the warrant, together with the amount of the expenses of the distress up to the time of such payment or tender, such constable or other officer shall cease to execute the same; and where any person is imprisoned as aforesaid for non-payment 11 & 12 Vict. of any fine or other sum he may pay or cause to be paid to the Superintendent of Prisons the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the said Superintendent shall receive the same, and shall thereupon discharge such person if he is in his custody for no other matter.

discharged.

c. 43, s. 28.

Provisions as

to warrants

of distress.

42 & 43 Vict.

c. 49, s. 43.

53. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this

Ordinance :-

(1) a warrant of distress shall be executed by or under the direction of a constable or other officer;

(2) save in so far as the person against whom the distress is levied otherwise consents the distress shall be sold by public auction, and five clear days at the least shall intervene between