541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 21

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

mode of worship, or observances, into hatred, ridicule, or contempt, and thereby to provoke a breach of the public peace;

he shall be guilty of an offence, and on conviction thereof, liable to imprisonment not exceeding two years, with or without hard labour, and with or without a fine not exceeding 507, or to a fine alone not exceeding 501.

(2.) Notwithstanding anything in this Order, every charge under this Article shall be heard and determined by the Court alone, without jury or assessors, and any Provincial Court shall have power to impose the punishment aforesaid.

(3.) Consular officers shall take such precautionary measures as seem to them proper and expedient for the prevention of such offences.

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of Court.

77.-(1.) If any person, subject to the criminal jurisdiction of a Court, does Contempts any of the following things, namely :—

(a.) Wilfully, by act or threat, obstructs an officer of, or person executing

any process of, the Court in the performance of his duty; or (b) Within or close to the room or place where the Court is sitting wilfully. misbehaves in a violent, threatening, or disrespectful manner, to the disturbance of the Court, or to the intimidation of snitors or others resorting thereto; or

(c.) Wilfully insults any member of the Court, or any assessor or juror, or any person acting as clerk or officer of the Court, during his sitting or attendance in Court, or in his going to or returning from Court; or (d.) Does any act in relation to the Supreme Court or a Provincial Court or a matter pending therein, which, if done in relation to the High Court in England, would be punishable as a contempt of that Court,—

he shall be guilty of a grave offence against this Order :

Provided that the Court, if it thinks fit, instead of directing proceedings as for an offence against this Order, may order the offender to be apprehended forth- with, with or without warrant, and on inquiry and consideration, and after the hearing of any defence which such person may offer, without further process or trial, may adjudge him to be punished with a fine not exceeding 10., or with imprisonment not exceeding twenty-four hours, at the discretion of the Court.

(2.) A Minute shall be made and kept of every such case of punishment, recording the facts of the offence, and the extent of the punishment. In the case of a Provincial Court, a copy of the Minute shall be forthwith sent to the Supreme Court.

(3.) Nothing herein shall interfere with the power of the Court to remove or exclude persons who interrupt or obstruct the proceedings of the Court.

of officers.

78.-(1.) If an officer of the Court employed to execute an order loses by Negligence neglect or omission the opportunity of executing it, then, on complaint of the person aggrieved, and proof of the fact alleged, the Court may, if it thinks fit, order the officer to pay the damages sustained by the person complaining, or part thereof.

(2.) The order shall be enforced as an order directing payment of money.

79.—(1.) If a clerk or officer of the Court, acting under pretence of the Extortion. process or authority of the Court, is charged with extortion, or with not paying over money duly levied, or with other misconduct, the Court, if it thinks fit, may inquire into the charge in a summary way, and may for that purpose summon and enforce the attendance of all necessary persons, as in an action, and may make such order for the repayment of any money extorted, or for the payment over of any money levied, and for the payment of such damages and costs, as the Court thinks fit.