655972-1890-Ordinance-10-of-1890-assented-to — Page 24

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

87. Whenever a Magistrate sentences an offender to be whipped, he shall, in his sentence, specify the number of strokes to be inflicted and such number shall not, in any case, exceed thirty-six strokes at any one time, and shall be inflicted with a rattan on the breech.

88. A Magistrate may sentence any offender to be publicly exposed in the stocks for any period not exceed- ing six hours, in lieu of the whole or any part of any punishment to which such offender is liable under this or any other Ordinance.

89. On the conviction of any person of any offence by which injury or loss to person or property shall have accrued, the convicting Magistrate may order the offender to pay to the person aggrieved, reasonable compensation not exceeding fifty dollars, in addition to any fine or punishment to which he is sentenced.

90. If any person behaves in an insulting manner or uses any threatening or insulting expression to or con- cerning, or in the presence of a Magistrate, when acting in the discharge of any magisterial duty, such Magistrate may summarily sentence the offender to be imprisoned with or without hard labour for any term not exceeding two months, or to pay a fiue of any amount not exceeding fifty dollars: and if such fine be not paid forthwith, such Magistrate may order that the offender be imprisoned for any term not exceeding two months with or without hard labour unless the amount be sooner paid.

91. If it appears to a Magistrate:

(1.) That any charge or complaint was maliciously preferred without reasonable or probable cause, such Magistrate may, upon the appli- cation of the person against whom such charge or complaint was made, order the complainant to pay to such person reason- able compensation not exceeding fifty dol- lars: Provided that the award of any such compensation shall be a bar to any civil pro- cecding for damages by reason of such charge or complaint having been made. (2.) That any witness has wilfully given false testi- mony, such Magistrate may order such witness to pay a fine not exceeding fifty dol-

lars.

92. Whenever a Magistrate awards a pecuniary penalty or amends for any offence under Ordinance No. 14 of 1845 and the same is not paid forthwith the Magistrate may commit the offender to prison with or without hard labour for any term not exceeding the terms provided by the scale in section 57 hereof.

93. Whenever any person is found by the Police hawking without a licence or committing any offence against Part III. of The Cattle Diseuses, Slaughter-Houses, and Markets Ordinance, 1887, or any Bye-laws made, or to be made thereunder or causing any obstruction by hawking in a public thoroughfare, the Police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold by the offender before a Magistrate who shall thereupon have power upon conviction of the offender to order the forfeiture of the said articles or any of them in addition to or substitution for any other fine or punishment which he may by law impose.

94. (1.) Whenever any offender is convicted of being found drunk in any public road, street or other public place, whether a building or not or on any premises licensed under The Spirit Licences Ordinance, 1886, a Magistrate may sentence him to a fine not exceeding five dollars and on a second conviction for a similar offence within a period of twelve months to a fine not exceeding ten dollars and on a third or subsequent conviction within such period of twelve months to a fine not exceeding fifteen dollars in default of payment of the fine imposed the person convicted may be imprisoned with or without hard labour for a terin according to the scale provided by section 57 hereof.

(2.) And whenever any offender is convicted of riotous or disorderly behaviour while drunk, in any public road, street or other public place whether a building or not, or of being drunk while in charge of any carriage, chair, vehicle, horse or cattle in any public road, street or other public place, or of being drunk when in possession of any

Amount of whipping, and mode of infliction. (Ibid., s. 9.)

Punishment

of the stocka. (Ibid., s. 19.)

Compensation may be awarded in addition to punishment. (Ibid., 8. 11.)

Power to commit persons using Insulting language to or in progenes of Magistrate. (Ibid., s. 15.)

Compensation or penalty for malicious prosecution or false testi- mony. (Ibid., s. 17.)

Imprisonment for non- payment

of fines. (No. 16 of 1875,

. 20.)

Forfeiture of articles (No. 8 of 1889, s. 6.)

Fenalty on

person foural drunk. (85 & 36 V. c. 94, 6. 12.)

685

2