382
Malice against
unnecessary.
THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
committed or being about to commit any Felony against this Ordinance, and shall take. such Person as soon as reasonably may be before a Police Magistrate, to be dealt with according to Law.
48. Every Punishment and Forfeiture by this Ordinance imposed on any Person Owner of Property maliciously coinmitting any Offence, whether the same be punishable upon Information or upon summary Conviction, shall equally apply and be enforced, whether the Offence shall be committed from Malice conceived against the Owner of the Property in respect of which it shall be committed or otherwise.
Provisions of this Ordinance shall apply
49. Every Provision of this Ordinance not herein-before so applied shall apply to to Perseus in Posses- every Person who, with Intent to injure or defraud any other Person, shall do any or sion of the Property the Acts herein-before made penal, although the Offender shall be in Possession of the
Property against or in respect of which such Act shall be done.
injured.
Intent to injure
not be stated in laformation.
50. It shall be sufficient in any Information for any Offence against this Ordinance, particular Person need where. it shall be necessary to allege an Intent to injure or defraud, to allege that the Party accnsed did the Act with Intent to injure or defraud (as the Case may be,) without alleging an Intent to injure or defraud, any particular Person; and on the Trial of any such Offence it shall not be necessary to prove an Intent to injure or defraud any particular Person, but it shall be sufficient to prove that the Party accused did the Act charged with an Intent to injure or defraud (as the Case may be.)
Persons in Act of committing Offence may be apprehended.
Mode of compell-
Persons punishable on
51. Any Person found committing any Offence against this Ordinance, whether the same be punishable upon Information or upon summary Conviction, may be im- mediately apprehended, without a Warrant, by any Pence Officer, or the Owner of the Property injured, or his Servant, or any Person authorized by him, and forthwith taken before a Police Magistrate, to be dealt with according to Law.
52. Where any Person shall be charged on the Oath, Affirmation or Declaration of a ing the Appearance of credible Witness before a Police Magistrate, with any Offence punishable on summary summary Conviction. Conviction under this Ordinance, the Magistrate may summon the Person charged to appear at a Time and Place to be named in such Summons; and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person by delivering the same to him personally, or by leaving the same at his usual Place of Abode,) the Magistrate may either proceed to hear and determine the Case ex parte, or issue his Warrant for apprehending such Person and bringing him before himself or some other Police Magistrate; or the Magistrate before whom the Charge shall be made may (if he shall so think fit), without any previous Summons (unless where otherwise specially directed), issue such Warrant; and the Magistrate before whom the Person charged shall appear or be brought shall proceed to hear and determine the Case.
Abetters in Offences
ry Conviction.
53. Whosoever shall aid, abet, counsel, or procure the Commission of any Offence punishable on summa- which is by this Ordinance punishable ou summary Conviction, either for every Time of its Commission, or for the First and Second Time only, or for the First Time only, shall, on Conviction before a Police Magistrate, be liable, for every First, Second, or subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a principal Offender is by this Ordinance made liable.
Application of For-
upon summary Con- victions.
54. Every Sum of Money which shall be forfeited for the Amount of any Injury feitures and Penalties done shall be assessed in each Case by the convicting Magistrate, and shall be paid to the Party aggrieved, except where he is unknown, and in that Case such Sum shall be applied in the same Manner as a Penalty; and every Sum which shall be imposed as a Penalty by a Police Magistrate, whether in addition to such Amount or otherwise, shall be paid to Her Majesty for the Use of the Colony and in support of the Government thereof: Provided that where several Persons shall join in the Commission of the same several Persons join Offence, and shall, upon Conviction thereof, each be adjudged to forfeit a Sum equiva lent to the Amount of the Injury done, in every such Case no further Sum shall be paid to the Party aggrieved than such Value or Amount; and the remaining Sum Sums forfeited shall be applied in the same Manner as any Penalty imposed by a Polie- Magistrate is herein-before directed to be applied.
Proviso where
in Commission of same Offence.
If a Person sum-
Tot pay, &c., the Ma-
55. In every Case of a summary Conviction under this Ordinance, where the Sun marily convicted shall which shall be forfeited for the Amount of the Injury done, or which shall be impo gistrate may connmit as a Penalty by the Magistrate, shall not be paid, either inmediately after the Cou
tion, or within such Period as the Magistrate shall, at the Time of the Conviction. appoint, the convicting Magistrate (unless where otherwise specially directed) ma
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