695224-1875-Magistrates-Ordinance- — Page 3

THE HONGKONG GOVERNMENT GAZETTE, 27TH NOVEMBER, 1875.

XV. Any two Justices of the Peace of this Colony sitting Any two Jus- together, shall have power to do any act that a Magistrate is by tices of the this Ordinance authorised and empowered to do.

Peace to have power of one Police Magis- trate.

language to or

XVI. If any person uses any threatening or insulting expression Power to com- to or concerning, or in the presence of a Magistrate, Marine mit persons Magistrate, or Justice of the Peace, when acting in the discharge using insulting of any magisterial duty, the said Magistrate or Justice of the in presence of Peace may summarily sentence the offender to be imprisoned Magistrate. with or without hard labour for any term not exceeding two (S. 9 of 6 of

1862.) months, or to pay a fine of any amount not exceeding fifty dollars and if such fine be not paid forthwith, the said Magis- trate or Justice of the Peace may order that the offender be imprisoned for any term not exceeding two months unless the amount be sooner paid.

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

XVIII. No conviction under this Ordinance shall be quashed No conviction for want of form, or be removed by Certiorari, and no warrant of or warrant to commitment shall be held void by reason of any defect therein, be quashed for provided it be therein alleged that the party has been convicte (s. 66 of 4 of and there be a good and valid conviction to sustain the same. 1865.)

want of form.

XIX. Whenever any person enters into any recognizance or Recognizances crown bond (except recognizances entered into for appearance (other than as before the Supreme Court) before any Magistrate, Justice of the to Supreme

Court) to be Peace, or any Officer of Police, and such bond or recognizance estreated in becomes forfeited, a Magistrate may summon the person default. bound by the said recognizance or bond before him, and on (S. 11 of 6 of satisfactory proof of forfeiture or breach of condition, may order 1862.) the said recognizance or bond to be estreated, and may issue his warrant to levy the amount or penalty of the said recog- nizance or bond by distress upon the goods, chattels, lands, and tenements of the defaulter, and in case there shall be no sufficient goods, chattels, lands, or tenements to satisfy the amount of the distress warrant, may order that the defaulter be imprisoned for any term not exceeding three months.

under Ord. 14

XX. Whenever a Magistrate awards a pecuniary penalty Imprisonment or amends for any offence under Ordinance No. 14 of 1845, and for non-pay- the same is not paid forthwith, the Magistrate may commit the ment of fines offender to prison with or without hard labour for any term not of 1845. exceeding three months, unless the sum remaining unpaid be (S. 12 of 6 of sooner paid.

1862. and 4 of 9 of 1807.)

XXI. If any Magistrate has, since the passing of the Ordi- Protecting nance No. 6 of 1862, heard, tried and determined in a summary Magistrates in way any crime, misdemeanour, or offence, which, was not within respect of any the powers and jurisdiction exerciseable by him under the jurisdiction.

said Ordinance, or Ordinance No. 1 of 1865, but was within' the powers and jurisdiction formerly had and exercised by the Court of Petty Sessions, every such hearing, trial and determi- nation, if in other respects according to law, is hereby declared to be good and valid; and all Magistrates, Gaolers and other per- sons whatsoever are hereby indemnified and held harmless in respect of every act, matter, or thing done by them, or any of them, in pursuance of any hearing, trial, or determination hereby declared to be valid.

XXII. The following Ordinances and parts of Ordinances are hereby repealed:-

10 of 1844,

6 of 1862,

Section XXV.

The whole.

1 of 1863,

4 of 1865,..

.Section XLI, the words "or of a Police

Magistrate". Section IV.

9 of 1867,...Section VI, the words "whether sum-

marily or otherwise".

3 of 1868,...... Section III.

But such repeal shall not revive any enactment repealed by any of the said Ordinances or sections, and shall not affect anything duly done before the passing of this Ordinance.

Passed the Legislative Council of Hongkong, this 25th day of November, 1875.

H. ERNEST WODEHOUSE,

Clerk of Councils.

excess of

Repeal.

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