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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.

No. 8 OF 1889..

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, to amend the Powers of Police Magistrates.

LS

G. WILLIAM DES VŒUX.

[17th January, 1889.]

BE it enacted by the Governor of Hongkong, with the

advice and consent of the Legislative Council thereof,

as follows:-

1. It shall be lawful for a Magistrate, in any case in which he has power by law to impose a pecuniary penalty, in his discretion to direct that such penalty shall be recovered in the manner provided for the recovery of penalties by Section 1 of Ordinance 10 of 1844.

2. In case of default in payment of a penalty imposed under any Ordinance in which no term of imprisonment is authorized in case of such default, the Magistrate may order that the person making such default be imprisoned with or without hard labour for any term not exceeding six months. 3. Where an offender is fined a sum not exceeding two doilars, and the same is not paid forthwith, the Magistrate inflicting such fine may order the offender to be searched, and if the offender on being searched is found to have upon his person any sum of money equalling or exceeding the amount of his fine, it shall be lawful for the Magis- trate upon oath made to him of the fact by any person who was present when the offender 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 offender, and that the offender be thereupon discharged from custody.

4. From and after the passing of this Ordinance all the powers conferred upon two Magistrates sitting together by Section 10 of Ordinance 2 of 1875 and Section 13 of Ordi- nance 16 of 1875 or either of them may be used and exer- cised by one Magistrate sitting alone. Provided that in all cases in which the Magistrate shall be of opinion that a heavier sentence than one year's imprisonment should be imposed he shall commit the case for trial to the Supreme Court.

Section 10 of Ordinance 2 of 1875 is hereby amended by striking out the words "The accused shall apply for a trial by jury or."

5. Section 20 of Ordinance 16 of 1875 is hereby amended by substituting for the words "any term not exceeding 3 months" the words "any term not exceeding 6 months."

6. Whenever any person is arrested by the Police for hawking without a licence or for any offence against Part III. of The Cattle Diseases, Slaughter-Houses, and Markets Ordinance, 1887, or any Bye-laws made, or to be made, thereunder, or for causing any obstruction by hawking in a public thoroughfare, the Police shall be empowered and they are hereby required 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 convic- tion of the offender to order the forfeiture of the said articles or any of them in addition to any other penalty which he may by law impose.

7. Section 2 of Ordinance 4 of 1858 is hereby amended by substituting the word "seven" for the word "three the first line thereof.

""

in

Passed the Legislative Council of Hongkong, this 2nd day of January, 1889.

Recovery of penalty in a summary manner.

Imprisonment

in default of payment of ponalty.

Recovery of

Anes under $2.

One Magis- trate may exercise powers of two Magistrates.

Amendment of Sec. 10 of Ord: 2 of 1875.

Amendment

of Sec. 20 of Ord. 16 of 1875.

Forfeiture of articles.

Amendment.

of Sec. 2 of

Ord. 4 of 1858.

ARATHOON SETH,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of January, 1889.

FREDERICK STEWART,

Colonial Secretary.

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