22775-1911-Supplementary-Bills-re-published--Penalties-Amendment — Page 3

minimum

Saving of 8. Nothing in this Ordinance contained shall be con- strued as giving to a Court the power of inflicting a punishment less than the minimum punishment, if any, Ordinances, provided for offences against any reveune, customs

penalties in certain

Alternative

and cumu- lative penalties, how dis- tinguished.

Or

quarantine law now in force or hereafter to be enacted; nor against any statute or Ordinance relating to any of His Majesty's regniar or anxiliary forees, or which carries into offeer any treaty by which a minimum penalty is stipulated or the offenes in question.

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to other matters relating to the im- position of penalties, and to the jurisdiction of Magistrates, is cumbersome and out of date, and it is expedient both - to simplify the language and to introduce uniformity in the enactments in which such matters are dealt with. Be it further acted as follows:-

9.--(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 committed to the common guol, there to be itaprisoned or to be imprisoned and kept to hard labour" for any termi, or other like words are used which lave a similar meaning, such person shall be liable to imprisonment, with or without hard labour, as the ease may be, for any period not exceeding the torm 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, with or without hard labour, as the case may be, for any period not exceeding the terin specified.

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

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 sum 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 :-

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 moncy as afore- said is over and above a liability to pay the value, or such 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 ; 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