663028-1888-Merchant-Shipping-Ordinance-Amendment-Bill-Bill-to-amend-the-Powers-of-Magistrates — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, STH DECEMBER, 1888.

2. ENGAGEMENT OF SEAMEN,

Separately 80 cents each.

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3. DISCHARGE OF SEAMEN.

In ships under 100 tons,

100 to 400 tons,

400 to 700 tons,

700 to 1,000 tons,

5

10

........

15

20

and so on for ships of larger tonnage adding for every 300 tons or part of 300 tons, five dollars.

4. DISCHARGE OF SEAMEN.

Separately 80 cents each.

Table H.

Sums to be deducted from wages by way of

partial repayment of fees in table G.

1. In respect of engagements and discharges of crews, upon each engagement and each discharge.

From wages of any Mate, Purser, Engineer, Surgeon,

Carpenter or Steward................

All others, except apprentices,

.50 cents. .......40 cents.

2. In respect of engagements and discharges separately, upon each

engagement and each discharge.

From wages of any Mate, Purser. Engineer, Surgeon,

Carpenter or Steward....

All others, except apprentices,

..50 couts

40 cents.

Recovery of penalty in a

ummaryחום

manner.

Imprisonment in default of payment of penalty.

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 uf Ord. 16 of 1875.

Forfeiture of articles.

A BILL

ENTITLED

An Ordinance to Amend the Powers of Police Magistrates.

E it enacted by the Governor of Hongkong, with the

Badvice and consent of the Legislative Council thereet,

as follows:-

aball

1. From and after the passing of this. Ordinance 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:l of Ordi- nance 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 dollars, 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.

Section 10 of Ordinance 2 of 1875 is hereby amended by striking out the words "The acensed 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.