629809-1899-Ordinances-13-to-16-of-1899-assented-to — Page 16

1899.

1093

THE HONGKONG GOVERNMENT GAZETTE, 8TM JULY,

(4.) Every person who finds any person in possession of any property which he, on reasonable grounds, suspects to have been obtained by means of an indictable offence, may arrest such last-mentioned person without warrant, and take possession of the property.

(5.) Every person who arrests any person under any of the provisions herein contained shall (if the person making the arrest is not himself a peace officer) deliver the persou so arrested and the property, if any, taken possession of by him, to some police or other constable, in order that be may be conveyed as soon as reasonably may be before a Magistrate, to be by him dealt with according to law, or himself convey him before a Magistrate as soon as reason- ably may be for that purpose.

(6.) Nothing in this section shall affect the powers of apprehension conferred upon constables or other persons by any other statute for the time being in force.

Seizure of Property.

indictable

nanee. s. 210.

91. Any Magistrate or the Court may order the seizure Seizure of of any property which there is reason to believe has been property the obtained by, or is the proceeds of, any indictable offence, proceeds of or into which the proceeds of any indictable offence have offence. been converted, and may direct that the same shall be kept B.G. Ordi or sold, and that the same, or the proceeds thereof, if sold, shall be held as he or it directs, until some person estab- lishes, to his or its satisfaction, a right thereto. If no person establishes such a right within twelve months from the seizure, such property, or the proceeds thereof, shall become vested in the Colonial Treasurer for the public use of the Colony, and shall be disposed of accordingly.

intended to

92. Any Magistrate or the Court may order the seizure Seizure of of any instruments, materials, or things which there is things reason to believe are provided or prepared, or being prepared, be used in with a view to the commission of any indictable offeuce, commission and may direct the same to be held and dealt with in the of indictable same manner as property scized under the last preceding B. G. Ordi-

section.

offence.

nance, s. 211.

93. An order made under either of the last two preceding Enforcement sections may be enforced by a search warrant.

of order of seizure.

B. G. Ordi- nunce, a 212.

Report of property found upou person

94. If, on the apprehension of any person charged with au indictable offence, any property is taken from him, a report shall be made by the Police to the Magistrate or the Court of the fact of such property having been taken from apprehended. such person and of the particulars of such property.

95. If, on the apprehension of any person charged with an indictable offence, any money is taken from him, the Court may, in its discretion, in case of the conviction of such person, order such money or any part thereof to be applied to the payment of any costs, or costs and compensation, directed to be paid by such person.

Probation of First Offenders.

B. G. Ordi nance, s. 213.

Application of money found

upon person apprehended.

. G. Ordi-

nanec, s. 214.

offender on

c. 25, 1.

96.-(1.) Where any person is convicted of larceny, or Power to the of embezzlement, or of obtaining anything by false pre- Court to tences, or of any other indictable offence punishable with release first not more than two years' imprisonment and no previous probation of conviction is proved against him, if it appears to the good conduct. Court that, regard being had to the youth, character, or 50 & 51 Viet. antecedents of the offender, to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his cutering into a recognizance, with or without a surety or sureties, and during such period as the Court may direct, to appear for sentence when called upon, and in the meantime to keep the peace and be of good behaviour.

(2.) In any case the Court may, if it thinks fit, order the offender to pay such compensation, not exceeding fifty dollars, and such costs of the proceedings, or either of them, as the Court may think reasonable, and such compensation shall be payable to such person as the Court may direct.

97.-(1.) If, in any such case, any Magistrate or the Procedure in Court is satisfied, by an information in writing and upon case of oath, that the offender has failed to observe any of the offender