22775-1911-Supplementary-Bills-re-published--Penalties-Amendment — Page 2

2.—(1.) Subject to the provisions of section 8, in any Abolition of enactment now in force which provides for the imposition minimum by any Court of minimum penalties, whether of imprison- penalties. ment or of a fine, the provisions relating to such minimum penalties are repealød.

(2.) In any enactment now in force which provides for the imposition by any Court of the penalty of imprisonment with hard labour, the words "with hard labour " are repealed; and where the penalty provided is imprisonment with or without hard labour, the words with or without hard Jabour are repealed.

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(3.) Unless any enactment now in force, as printed in the New Revised Edition of the Laws of Hongkong, presently to be published, otherwise provides, where a Court is empowered or required to impose a sentence of imprisonment for life or for a period not exceeding a specified term, or of a fine, the Court may, after conviction of any person of an offence, award a sentence less than for life or for the specified term, or less than the fine specified, in the enactinent.

3. Where under any enactment now in force, or under Where impri- any future enactment, a Court shall sentence a person con- sonment victed of an offence for which the penalty of imprisonment imposed i is provided, the Court may, unless the enactment as printed may be with in the New Edition of the Revised Laws of Hongkong, hand labour. presently to be published, provides that the imprisonment. shall be without hard labour, infliet imprisonment with or without hard labour.

Provided always, that where under this or the preceding section, a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour: and provided further, that where any person is sentenced to im- prisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.

This section shall not apply to commitments of any per- son to prison by a Magistrate under the following sections of the Magistrates Ordinance No. 3 of 1890:-Sections 14 (2), 18 (2), 25 (4), 64 (3), 70 (1), and 75 (3).

or without

4. Wherever in any enactment now in force there is Alternative: provided in addition to the penalty of imprisonment for life penalties in or for a term of years an alternative penalty of "imprison- existing

legislation ment (for any term) with or without hard labour", either with repealed. or without the further alternative “with or without solitary confinement", both or either of such alternative penalties, as the case may be, are and is repealed; and where either of the aforesaid alternative penalties is provided as alternative to any other penalty, it is repealed; and where the aforesaid alternative as to solitary confinement is provided as an alternative to a penalty of imprisonment, whether with or without hard labour, it is repealed. Provided that nothing in this section shall affect the provisions of section 80 (2) of the Magistrates Ordinance, No, 3 of 1890.

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5. In all enactments now in force the words "at" or "in Repeal of the discretion of the Couri", and the words on conviction words of thereof" when used in relation to an indictment, or other discretion, words of like meaning, wherever they occur respectively in relation to the imposition of penalties after conviction of any person of an offence, are repealed.

6. 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 as so amended, and new editions shall be construed and enforced accordingly.

of the Laws.

7. In order to bring other forms of penalties not included. Repeals ant in the foregoing sections into harmony with the principles amendments laid down therein, it is hereby further enacted as follows:-

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(1.) In the sections of the Ordinances mentioned in Part I of the schedule, in lieu of the words "for the term of " there shall be read “ for any term not exceeding”.

(2.) In the sections of the Ordinances mentioned in Part II of the schedule, after the word "imprisonment" there shall be inserted the words "without hard labour ".

in Ordin- ances in schedule.