94
THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCH, 1862.
The Council having agreed to the amendments made in Committee,
The Governor put the Question,That this Bill, as amended, do pass, and that the Title be-
"An Ordinance to amend Ordinance No. 13 of 1860, by abolishing the Salaries of the Chief "Magistrate and Assistant Magistrate, and to make provision for the Salaries of the Judge of the "Court of Summary Jurisdiction, and of Two Police Magistrates."
Question put and carried,--the Ordinance being numbered “No. 5 of 1862.”
The Bill for the appointment of Two Police Magistrates was read a second time.
On going into Committee for the consideration of this Bill, it was moved by the Governor and unanimously agreed to,-That a Special Committee be appointed to examine into this Bill, and report thereon to the Council at its next Meeting.
The Bill for the establishment of a Court of Summary Jurisdiction and the appointment of a Judge
thereof, was read a second time.
On going into Committee for the consideration of this Bill, it was moved by the Governor and unanimously agreed to,-That a Special Committee be appointed to examine into this Bill, and report thercon to the Council at its next Meeting.
His Excellency named the Chief Justice, the Acting Colonial Secretary, the Attorney General, and Mr. Perceval to be Members of the Committee for the examination of the foregoing Bills.
The Council adjourned to Saturday next, the 22nd Instant, at noon.
Read and approved, this 22nd Day of March 1862.
L. D'ALMADA E CASTRO,
Clerk of Councils.
HERCULES G. R. ROBINSON, Governor.
Title.
Preamble.
Offices of Chief and Assistant Magistrates abolished,
Two Police Magis- trates appointed.
Ordinance No. 1 of 1849 repealed, except
HONGKONG.
ANNO VICESIMO QUINTO VICTORIE REGINE.
No. 6 of 1862.
By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong. HERCULES G. R. ROBINSON.
An Ordinance to abolish the Offices of Chief Magistrate and Assistant Magistrate, and to appoint and define the Duties of Two Police Magistrates.
[22nd March, 1862.7
Whereas it is advisable that the Offices of Chief Magistrate and Assistant Magis- trate should be abolished, and that Two Police Magistrates should be appointed in their stead with such Jurisdiction and Powers as are hereinafter expressed-Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legis- tative Council thereof, as follows:-
I. The Offices of Chief Magistrate and Assistant Magistrate are hereby abolished.
II. Two Police Magistrates shall be appointed from time to time, and they or either of them shall have and exercise such and the like powers as by any Ordinance of this Colony were prior to this Ordinance vested in the Chief Magistrate and Assistant Ma- gistrate respectively, except so far as such powers are varied or amended or abrogated by this Ordinance; and every Police Magistrate shall by virtue of his Office be a Justice of the Peace.
III. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is hereby so far as it repeals No. repealed, except so far as the same repeals Ordinance No. 6 of 1847.
6 of 1847.
Crimes and Offences triable under this Or- dinance.
IV. Each of the said Police Magistrates shall have power to hear, try and determine in a Summary manner any Crime, Misdemeanour or Offence, the punishment for the commission of which is or may be Imprisonment, Fine, and Whipping, or any or either Proviso reserving of such punishments: Provided always that in case it shall appear to the Police Magis- trate at the hearing that any such Offence ought to be visited with a heavier Punish- ment than this Ordinance authorizes, it shall be lawful for him to commit the Offender or Offenders for trial in the Supreme Court.
Power to commit to Supreme Court.
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