654835-1890-Bill-The-Magistrates-Ordinance — Page 11

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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

Fines under $5 recovery (8 of 1889, s. 3.)

Power to mitigate punishment. (42 & 43 V. č. 49, s. 4.)

Mininam Imbishments. (Ord. No. 2 of 1873.)

Summary orders. (42 & 43 V. 6. 49, 6, 34.)

proved the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,-

(1.) The Magistrate without proceeding to conviction, may dismiss the complaint or information (xxvI., XLV.), and if he thinks fit, may order the de- fendant to pay such damages, not exceeding ten dollars, and such costs of the proceeding, or either of them, as the Magistrate thinks reason- able; or,

(2.) The Magistrate upon convicting (XXI.) the defendant may discharge him conditionally on his giving security, (v.), with or without sure- ties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as the Magistrate thinks reasonable.

32. Where a defendant is fined a sum not exceeding five dollars and the same is not forthwith paid the Magistrate inflicting such fine may order the defendant to be searched and if the defendant on being searched is found to have on his person any sum of money equalling or exceeding the amount of his fine, it shall be lawful for the Magistrate upon oath made to him of the fact by any person who was present when the defendant was searched to order that so much of the said sum of money as may be sufficient to satisfy the said fine be forfeited by the defendant and that the defendant be thereupon discharged from custody.

33. (1.) Subject as in this Ordinance mentioned, and notwithstanding any enactment to the contrary, where a Magistrate has authority under this Ordinance, or under any other Ordinance or Statute whether past or future, to impose imprisonment or to impose a fine for an offence punishable on summary conviction, such Magistrate may, in the case of imprisonment, impose the same without hard labour, and reduce the prescribed period thereof, or do either of such acts.

(2.) Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognisance and to find sureties for keeping the peace, and observing some other condition, or to do any of such things, the Magistrate may dispense with any such requirement or any part thereof.

(3.) Where a Magistrate has authority under an Ordinance or Statute other than this Ordinance, whether past or future, to impose imprisonment for an offence punishable on summary conviction, and has not authority to impose a fine for that offence, such Magistrate when adjudicating on such offence may notwithstanding, if he thinks that the justice of the case will be better met by a fine than by imprisonment, impose a fine not exceeding two hundred dollars and not being of such an amount as will subject the offender under the provisions of this Ordinance, in default of payment of the fine, to any greater term of imprisonment than that to which he is liable under the Ordinance or Statute authorising the said imprisonment.

(4.) Whenever any person shall be convicted sum- marily before a Magistrate of any offence against the provisions of any Ordinance or Statute in force in the Colony whereby a minimum amount of fine or term of imprisonment is prescribed by way of punishment for such offence, it shall be lawful for the Magistrate if he shall in his discretion think fit to award a less amount of fine or term of imprisonment than that prescribed by way of minimum punishment as aforesaid or to award in certain cases a merely nominal punishment notwithstanding anything in such Ordinance or Statute to the contrary.

34. (1.) Where a power is given by any future Ordi- nance or Statute to a Magistrate of requiring any person to do or abstain from doing any act er thing other than the payment of money, or of requiring any act or thing to be done or left undone other than the payment of money, and no mode is prescribed of enforcing such requisition, a Magistrate may exercise such power by an order or orders, and may annex to any such order any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such under- taking being given or condition being performed as he may think just, and generally may make such arrangement for carrying into effect such power as to him seems meet.