695170-1875-Bill-to-be-read-first-time-Magistrates- — Page 1

DIE

SOIT

MON

DROIT

THE HONGKONG

Government Gazette.

No. 48.

Published by Authority.

VICTORIA, SATURDAY, 20TH NOVEMBER, 1875.

GOVERNMENT NOTIFICATION.

VOL. XXI.

The following Bill to amend and consolidate the laws concerning the jurisdiction of Magistrates over indictable offences and for other purposes, which will be read a first time at a Meeting of the Legislative Council to be held on Tuesday, the 23rd November, is published for general information. By Command,

Council Chamber, Hongkong, 20th November, 1875.

H. ERNEST WODEHOUSE, Clerk of Councils.

An Ordinance enacted by the Governor of Hongkong, Title.

with the advice of the Legislative Council thereof, to amend and consolidate the laws concerning the jurisdiction of Magistrates over indictable offences and for other purposes.

BE

[

"

1875.]

E it enacted by the Governor of Hongkong, with the advice

of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Magistrates Ordi- Short title. nance, 1875."

II. The expression "Indictable," as used in this Ordinance, Interpretation. includes proceedings by information, and the expression "Magis-

""

trate means Police Magistrate, unless the context indicates the

contrary.

III. There shall as heretofore be two Police Magistrates; the Police Magistrates now in office are continued therein as fully as if Magistrates. they were appointed hereunder, and the Governor may appoint others, from time to time, as a vacancy occurs.

IV. The Police Magistrates shall be Justices of the Peace by Powers of virtue of their office, and shall have and may exercise all such Police powers and jurisdiction as were vested in the Police Magistrates Magistrates at the time of the passing of this Ordinance, except so far as continued. they are hereby altered or repealed.

able offences.

V. Whenever any person is brought before a Magistrate Magistrates charged with having committed, whether before or after the may convict passing of this Ordinance, any indictable offence, not being an summarily for offence punishable with death, or with penal servitude for life, or certain indict- an offence committed within the jurisdiction of the Admiralty, (See s. 4 of 6 the Magistrate, instead of committing the offender for trial to the of 1862.) Supreme Court, may convict him summarily, and upon such con- viction may sentence the offender to be imprisoned for any term not exceeding six months with or without hard labour, or to pay a fine not exceeding fifty dollars, or to be imprisoned with or without hard labour and to pay a fine, for any term and amount not exceeding six months and fifty dollars.

The Magistrate may also direct that the offender be kept in solitary confinement for any portion of his term of imprison- ment not exceeding fourteen days at any one time and not ex- ceeding one month in the whole.

The Magistrate may nevertheless, if he thinks fit, commit any such person for trial to the Supreme Court.