655972-1890-Ordinance-10-of-1890-assented-to — Page 23

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

One Magis- trate may

issue summons &c., though hearing before two Magistrates.

(1 & 12 V. c. 43, s. 29.)

Powers of two

Magistrates sitting

together.

(No. 16 of 1875, B. 5. No. 8 of 1889.)

Course whore two Magis-

trates

disagree.

Power of Magistrates to Impose whipping. (No. 16 of 1897, s. 2.)

Juvenile Thieves may he whipped. (No. 16 of 1875, *, '

(2.) The evidence of any witness taken before the Magistrate or Magistrates shall have assumed the said power, need not be taken again, but every such witness shall, if the defendant so require it, be recalled for the purpose of cross- examination; and

(3.) The conviction (LXXXIII.) for any such offence shall be of the same effect as a conviction for the offence on information before the Court, and the Magistrate or Magistrates may make the like erder for the restitution of property (XXXVIII.) as might have been made by the Court before whom the person convicted would have been tried if he had been tried on information, and (4.) The order of dismissal (LXXXIV.) shall be filed by the Magistrate's clerk in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused.

82. In all proceedings before two Magistrates sitting together upon any information and complaint it shall be lawful for one Magistrate to receive such information aud complaint, and to grant a summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hear- ing, even in cases where by the Ordinance or Statute in that behalf such information and complaint must be heard and determined by two Magistrates sitting together, and after the case shall have been so heard and determined one Magistrate may issue all warrants of distress or commit- ment thereon: Provided always, that in all cases where any such complaint or information is heard and determined by two Magistrates, or a conviction or order is made by two Magistrates, such Magistrates must be present and acting together during the whole of the hearing and deter- mination of the case.

PART VI.

Special Powers.

83. Where any person is accused of stealing from the person or of any offence within the meaning of sections 49, 50 and 51 of Ordinance No. 4 of 1865 entitled "An Ordinance to consolidate and amend the enactments in force in this Colony relating to offences against the person" it shall be lawful for a Magistrate to hear the case and convict the accused summarily and to sentence him to be imprisoned for any term not exceeding one year with or without hard labour or to commit the accused for trial before the Court and it shall also be lawful for two Ma- gistrates to sit together to hear the case and they may if they think fit summarily convict the accused and sentence him to be imprisoned for any term not exceeding two years with or without hard labour, or they may commit the accused for trial before the Court.

84. If in any case where two Magistrates sit together they are unable to agree in their decision whether the defendant or accused be guilty or not guilty, he shall be committed for trial before the Court.

85. Whenever any male offender shall be convicted by a Magistrate under section 28 of Ordinance No. 7 of 1865 of stealing any ornament or other chattel from the person of any child or woman such Magistrate may in addition to the punishment awarded for such crime direct that such offender be once or twice privately whipped.

86. Whenever any male offender, whose age appears to the Magistrate not to exceed sixteen years, is convicted, of larceny, or of any offence which now or at any time hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny or any assault occasioning actual bodily harm or any indecent assault, the convicting Magistrate may sentence him to be ouce privately whipped with any number of strokes not exceeding twelve in lieu of or in addition to any other punishment to which such offender is liable.

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