THE HONGKONG GOVERNMENT GAZETTE, 8TH MARCH, 1862.
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Amends may be
awarded in addition
VII. On the conviction of any Person of any Offence by which Injury or Loss to Person or Property shall have accrued, it shall be lawful for the convicting Magistrate to Punishment.
award reasonable Amend.: to be made to the Person aggrieved, by Payment in addi- on to the Penalty to which the Offender may be liable for the Offence, of any Sum not Seeeding Fifty Dollars, notwithstanding that the aggrieved Person may have been examined as a Witness in the Case.
VIII. If any
Fine or any Amends imposed under this Ordinance shall not be paid Recovery of Fines Conviction or within such Time or Times as may be determined by the convicting and Amends. Magistrate, it shall be lawful for such Magistrate to levy the Amount by distress on the Goods and Chattels of the Offender. And also in case the amount of any such Fine or Amends shall not be fully paid or recovered by distress, or in case no such Distress shall have been levied or ordered, it shall be lawful for such Magistrate to im- prison the Offender for any Period not exceeding, together with any other Imprison- ment that may have been awarded, the Term of Six Calendar Monthis in the whole.
Power to commit
ing Language towards
IX. If any Person shall use any insulting Expression in any Language towards or concerning or in the presence of a Police Magistrate or Justice of the Peace acting in Persous using insult- the discharge of any magisterial Duty, he shall be liable to be fined by the said Magis- er in presence of Ma- trate or Justice of the Peace in an Amount not exceeding Fifty Dollars or to be impri- gistrate. soned for a Term not exceeding Two Calendar Months.
Prosecution or false
· X. If it shall appear to the presiding Magistrate that any Charge or Complaint was Compensation or maliciously preferred or that any Witness shall have given false Testimony, it shall be Penalty for malicions lawful for such Magistrate to award Compensation not exceeding Fifty Dollars to be Testimony not exceed paid by such Prosecutor or Witness to the Person aggrieved, or in his discretion to im- ing Fifty Dollars. pose on such Prosecutor or Witness a Fine not exceeding Fifty Dollars, or to award Compensation and impose a Fine but not to exceed together the Amount of Fifty Dollars.
Deportation of Chi-
gabonds, and Penalty
XI. Every Native of the Empire of China not being a Householder or a permanent Resident in this Colony, who shall have been convicted of any Felony or who shall be nese Felons and Va- brought before a Police Magistrate and shall be proved to be a Rogue and Vagabond, for returning without shall be liable, in the discretion of the Magistrate, in addition to any other Punishment leave. of such Person, to be sent by the Magistrate in Custody to a Magistrate of the Empire of China with a request that the Person so sent in Custody may be prevented from re- turning to this Colony; and if any Person who shall be so sent away shall return to this Colony without permission of a Magistrate thereof, he or she shall be subject, on Con- viction of having returned to Hongkong without having obtained such permission, to a Term of Imprisonment not exceeding Six Calendar Months with or without Hard Labor, and to solitary Confinement, and if a Male to be whipped; and he or she shall be again sent in Custody in like manner as aforesaid to the Empire of China.
4
on Default.
XII. Whenever any Person has heretofore entered or shall hereafter enter into any Recognizances(other Recognizance or Crown Bond (except Recognizances entered into for appearance before than as in Supreme the Supreme Court of this Colony) before any Justice of the Peace or any Officer of Cut to be extreated Police, and such Bond and Recognizance shall become forfeited, or any of the Conditions thereof broken, it shall be lawful for either of the said Magistrates to summon the Person bound by the said Recognizance or Bond before him, and on satisfactory Proof of such Forfeiture or Breach of Condition, to order the said Recognizance or Bond to be estreated and to authorize in due form a Constable of this Colony to levy the Amount or Penalty of the said Recognizance or Bond upon the Goods, Chattels, Lands, and Tenements of the Defaulter, and in case there shall be no Goods, Chattels, Lands or Tenements to satisfy the Amount of the Distress Warrant, the Defaulter shall be liable to Imprisonment. for any Term not exceeding Three Months.
repealed.
XIII. Section XXV of Ordinance No. 14 of 1845 is hereby repealed, and every section 25 of Ordi- Person who shall be brought before a Magistrate charged with having on his possession nace No. 14 of 1845 or conveying in any manner anything which may be reasonably suspected of being stolen or unlawfully obtained, and who shall not give an account to the satisfaction of such Magistrate how he came by the same, shall be deemed guilty of a Misdemeanor and shall be liable to a Penalty not exceeding Fifteen Pounds, or Seventy-two Dollars or in the discretion of such Magistrate may be imprisoned in any Gaol within the Colony aforesaid, with or without Hard Labour, for any Time not exceeding Three Months.
every
Amendments of No. 14 of 1845 as to Terms of Imprisonment for
XIV. Section XLI of Ordinance No. 14 of 1845 is hereby repealed, and in Case of the adjudication of a Pecuniary Penalty or Amends under the same Ordinance
Payment thereof, it shall be lawful for the Magistrate to imprison the Offender non-payment of Fines.
and non
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