695170-1875-Bill-to-be-read-first-time-Magistrates- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 20TH NOVEMBER, 1875.

Magistrates

may award whipping in certain cases. (See s. 2 of 1 of 1863.)

Amount of

whipping, and

mode of infliction.

(See s. 6 of 6 of 1862.)

Punishment of the stocks.

(See s. 25 of 10 of 1844.)

Compensation may be awarded in addition to

punishment, (See s. 7 of 6

of 1862.) Recovery of fines and amends. (See s. 8 of 6 of 1862.)

Powers of two Magistrates.

1863.)

VI. Whenever any male offender is convicted by a Magis- trate under the powers herein conferred of any of the following offences a second time, or under aggravated circumstances, that is to say:

Indecent assault,

Assault with intent to rob,

Common assault, committed in a brothel,

Common assault, committed at or in connection with

any riotous assemblage,

Malicious injury to property;

or, under the Magistrates' summary jurisdiction, of either of the following offences a second time, or under aggravated circum- stances, that is to say:-

Indecent exposure of his person,

Malicious injury to property;

the Magistrate may, in addition to any other punishment, direct that the offender be once or twice publicly or privately whipped. VII. Whenever a Magistrate under this or any other Ordi- nance 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.

The whipping shall be inflicted with a rattan, and in the pre- sence of the Governor of the Gaol, or Superintendent of Police, or of some other Officer of Police to be appointed by the Governor for the purpose.

VIII. A Magistrate may sentence any offender of Chinese origin to be kept in the stocks for any period not exceeding hours, in lieu of the whole or any part of any punish- ment to which such offender is liable under this or any other Ordinance.

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

sentenced.

X. If any offender fails to pay any fine or compensation on conviction, or within such further time as the Magistrate allows, the Magistrate may cause the amount to be levied by distress on the goods and chattels of the offender;

Or may order that the offender be imprisoned for any period not exceeding, together with any other imprisonment to which he is sentenced for his offence, the term of six months in the whole, unless the amount be sooner paid;

And in case the amount be not fully recovered by distress, the Magistrate may order that the offender be imprisoned for the like period, unless the amount be sooner paid.

XI. Whenever any person is brought before two Magistrates (See s. 3 of 1 of sitting together charged with stealing from the person, or with

any offence against the provisions of sections XLIX, L, or LI of the Ordinance No. 4 of 1865, (offences against the person), the (See s. 3 of 3 of Magistrates may, if they think fit, summarily convict the offender, 1868.)

and sentence him to be imprisoned for any term not exceeding two years with or without hard labour, or they may commit him in the usual way for trial to the Supreme Court.

Marine Magis trate or two

XII. The Marine Magistrate shall have the power of a Police Magistrate to hear and determine cases of assault, and assault Justices of the and battery unaccompanied by an intent to commit felony, and Peace to have any two Justices of the Peace of this Colony sitting together, Police Magis- shall have power to do any act that a Magistrate is by this

Ordinance authorised and empowered to do.

power of one

trate.

(S. 13 of 6 of 1862.)

Power to com-

XIII. If any person uses any threatening or insulting mit persons expression to or concerning, or in the presence of a Magistrate, using insulting Marine Magistrate, or Justice of the Peace, when acting in language to or in presence of the discharge of any magisterial duty, he shall be liable to be Magistrate. forthwith fined by the said Magistrate or Justice of the Peace in (S. 9 of 6 of any amount not exceeding fifty dollars, or to be imprisoned for

1862.)

secution or

any term not exceeding two months.

Compensation XIV. If it appears to a Magistrate, or Marine Magistrate, or penalty for that any charge or complaint was maliciously preferred, or malicious pro-that any witness has given false testimony, such Magistrate may false testimony, order the complainant or witness to pay to the person aggrieved (S. 10 of 6 of reasonable compensation not exceeding fifty dollars, or, in his 1862.) discretion, may order such complainant or witness to pay a fine not exceeding fifty dollars, or to pay compensation and a fine not exceeding together the sum of fifty dollars.

No conviction

or warrant to

be quashed for want of form.

(S. 66 of 4 of 1865.)

XV. No conviction under this Ordinance shall be quashed for want of form, or be removed by Certiorari, and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same,