541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 16

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Limitation of powers of

Courts.

Offences against this Order.

Grave offences

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

Punishments.

59. The powers of the Courts with respect to punishments are limited as follows:-

(1.) The Supreme Court may award in respect of an offence any punishment which may in respect of a similar offence be awarded in England : provided that (a) imprisonment with hard labour shall be substituted for penal servitude, and (b) the Supreme Court shall not award a fine ex- ceeding 5007.; or, in case of a continuing offence, in addition to im- prisonment or fine, or both, a fine exceeding 17. for each day during which the offence continues after conviction.

(2.) A Provincial Court may award imprisonment, not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 1004.; or a fine not exceeding 100%., without imprisonment; or in case of a continuing offence, in addition to imprisonment or fine or both, a fine not exceeding 10s. for each day during which the offence continues after conviction.

(3.) But nothing in this Article shall be deemed to empower any Court to award for any offence any punishment not authorised by law in relation to that offence.

60.—(1.) If any person is guilty of an offence against this Order not dis- tinguished as a grave offence against this Order, he is liable-

(i.) To a fine not exceeding 5., without any imprisonment; or

(ii) To imprisonment not exceeding one month, without fine; or

(iii.) To imprisonment not exceeding fourteen days, with a fine not exceed-

ing 50s.

(2.) Imprisonment under this Article is without hard labour.

61.-(1.) If any person is guilty of an offence against this Order, distingui- against this shed as a grave offence against this Order, he is liable-

Order.

Damages for assault.

Expenses of prosecution.

(i.) To a fine not exceeding 10., without imprisonment; or (ii) To imprisonment not exceeding two months, without fine; or (iii.) To imprisonment not exceeding one month, with a fine not exceeding 51.

(2.) Imprisonment under this Article is, in the discretion of the Court, with or without hard labour.

-62.-(1.) The Court may, if it thinks fit, order a person convicted of an assault to pay to the person assaulted by way of damages any sum not exceeding

107.

(2.) Damages so ordered to be paid may be either in addition to or in lieu of a fine, and shall be recoverable in like manner as a fine.

(3.) Payment of such damages shall be a defence to an action for the assault.

63.-(1.) The Court may, if it thinks fit, order a person convicted before it to pay all or part of the expenses of his prosecution, or of his imprisonment or other punishment or of both, the amount being specified in the order.

(2.) Where it appears to the Court that the charge is malicious, or frivolous and vexatious, the Court may, if it thinks fit, order the complainant to pay all or part of the expenses of the prosecution, the amount being specified in the order.