20244-1911-Ordinances-passed-and-assented-to--Crown-Lands-Resumption-Amendment-No-28-of-1911 — Page 6

326 THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Saving of minimum

certain

Ordinances.

8. Nothing in this Ordinance contained shall be con- strued as giving to a Court the power of inflicting a penalties in punishment less than the minimum punishment, if any, provided for offences against any revenue. enstoms or quarantine law now in force or hereafter to be enneted : nor against any statute or Ordinance relating to any of His Majesty's regular or auxiliary forces, or which carries into effect any treaty by which a minimum penalty is stipulated or the offence in question.

Provisions as to hard labour.

Provisions

as to fines

and forïci-

Inres.

Alternative and eumu. lative penalties, how dis-

tinguished.

AND WHEREAS the language now used in the laws of the Colony in regard to other matters relating to the im- position of penalties, and to the jurisdiction of Magistrates, is cumbersome and out of date, and it is expediest both to simplify the language and to introduce uniformity in the enactments in which such matters are dealt with, Be it further enacted as follows:

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9.--(L.) Whenever in any enactment now in force pro- visions occur to the effect that if a person is convicted of an offence before a Magistrate he shall be committed to the common guol, there to be imprisoned or to be imprisoned and kept to hard labour" for any term, or other like words are used which have a similar meaning, such person shall be liable to imprisonment, with or without hard labour, as the case may be, for any period not exceeding the term specified.

(2.) In all editions of the Laws of Hongkong hereafter to be printed there shall be substituted for such provisions words indicating that the person shall, on such conviction before a Magistrate, be liable to imprisonment for any period not exceeding the term specified.

(3.) The enactments mentioned in Pari III of the sche- dule are hereby declared to be amended accordingly, and the sections in which such provisions oevur shall be construed and enforced accordingly.

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10.-(1) Whenever in any enactment now in force pro- visions occur to the effect that if a person is convicted of an offence before a Magistrate he shall be

liable to pay or shall “forfeit and pay ", a sum of money, or such sune of money not exceeding a specified sum as to the Magistrate may seem meet ", or other like words are used which have a similar meaning, they shall be held to be the equivalent of the following provision :---

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such person "shall on conviction before a Magis- trate (or shall on summary conviction ") be liable to a fine not exceeding the amount so specified;

and such provision shall be substituted accordingly in all editions of the Laws of Hongkong hereafter to be printed,

(2.) Whenever in any enactment now in force similar provisions occur, but it is further provided that the liabi- lity to pay, or to forfeit and pay, a sum of money as afore- said is over and above a liability to pay the value, or sucli sum as the Magistrate may estimate as the value, of any animal or thing, the subject of the offence, they shall be held to be the equivalent of the following provision:

such person

shall be liable to pay, over and above the value of such animal,” or “of such thing,” as the case may be a fine not exceeding the amount specified in the provision ;

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and such provision shall be substituted accordingly in all editions of the Laws of Hongkong hereafter to be printed.

(3.) The enactments mentioned in Part IV of the schedule are hereby declared to be amended accordingly, and the sections in which such provisions respectively occur shall be construed and enforced accordingly.

11.-(1) Whenever in any enactment now in force or in any future enactment, several penalties are provided for one offence, the use of the word “or in relation to such penal- ties shall signify that they are to be inflicted alternatively; the use of the word "and" shall signify that the penalties may be inflicted alternatively or cumulatively; and

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the use of the words "together with” or “in addition to or other expressions which convey the same meaning, shall signify that the penalties are to be inflicted cumulatively.