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5. In all enactments now in force the words "at or in Repeal of the discretion of the Court ", or other words of like mean- words of
discretion. ing, wherever they occur in relation to the imposition of penalties, are repealed.
6. Sentences imposing penalties enn only be imposed Repeal of after the person charged has been found guilty and convicted words of according to law; it is therefore hereby enacted that in all conviction. enactments now in force the words "on conviction there- of”, or “and being convicted", or other words of like meaning, wherever they occur in relation to the imposition of penalties, are repealed.
new editions
7. In all editions of the Laws of Hongkong hereafter to Authority to be printed the provisions which are repealed by this Or- incorporate dinance shall be omitted; and the sections so affected repeals in are hereby authorised to be printed in manner and form of the Laws corresponding as nearly as may be with the following of the "example", and the sections in which such provisions Colony, occur shall be construed and enforced accordingly :-
Example.
Ordinance No. 6 of 1865, s. 4 :
“Every person who unlawfully and maliciously des- troys any part of any ship or vessel which is in distress, or wrecked, stranded or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony and being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years and not less than three years, or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confine- ment."
The aforesaid section shall be printed as follows :—
“Every person who unlawfully and maliciously des- troys any part of any ship or vessel which is in distress, or wrecked, stranded or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and shall be liable to impri- soument with hard labour for any term not exceeding fourteen years."
8.—(1.) In the sections of the Ordinances mentioned in Repeals and Part I of the schedule, the words "with or without hard amendments labour" after the word "imprisonment" are repealed.
(2.) In the scrtions of the Ordinances mentioned in Part II of the schedule, in lieu of the words "for the term of “ there shall be read for any term not exceeding".
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(3.) In the sections of the Ordinances mentioned in Part there III of the schedule, after the word "imprisonment shall be inserted the words " without hard labour ".
in Ordin- ances in schedule.
(4.) The Ordinances mentioned in Part IV of the sche- dule, are repealed to the extent therein mentioned.
9. Nothing in this Ordinance contained shall be con- Saving of minimum strued as giving to a Court the power of inflicting a
penalties in punishment less than the minimum punishment, if any,
certain provided for offences against any revenue, customs Ordinances. quarantine law now in force or hereafter to be enacted.
Or
before
10. Wherever in any enactment now in force it is Amendment provided that in case a person is convicted of an offence of words of before a Magistrate he shall either bẹ “committed to the conviction common gaol, there to be imprisoned, or to be imprisoned Magistrate and kept to hard labour for any term ", or other like words in existing are used which have the same meaning, the person shall be Ordinances. liable to imprisonment, with or without hard labour, as the case may be, for the same term; and in all editions of the Laws of Hongkong hereafter to be printed the provisions above referred to are hereby authorised to be printed in man- ner and form corresponding as nearly as may be with the following "example", and the sections in which such provi- sions occur shall be construed and enforced accordingly :-
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