719126-1862-HONGKONG-ANNO-VICESIMO-QUINTO-VICTORIE-REGINE-NO-6-OF-1862- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCH, 1862.

V. It shall be competent for a Magistrate to award, as punishment for any Crime . Offence, Imprisonment in any Gaol of this Colony for any Period not exceeding Six lar Months, with or without Hard Labour; or any Fine not exceeding Fifty Dollars; or both Fine and Imprisonment not exceeding these Limits; and it shall be wful for the Magistrate to direct any portion of such Imprisonment not exceeding the Month to be solitary, but so that such solitary Imprisonment shall not exceed Fourteen consecutive Days: And further, that when any Male Offender shall be convict- under this Ordinance of any Felony, or Misdemeanour after having been previously convicted of Felony or Misdemeanour, it shall be lawful for the Magistrate to direct that, in addition to any other Punishment to which he may be sentenced, such Offender shall be Once or Twice publicly or privately whipped.

95

Limit of Punish- ment by Magistrate.

Corporal Punish- ment in addition.

Manner in which Corporal Punishment

ig

VI. Whenever Corporal Punishment shall be inflicted under this or any other Ordinance, such Punishment shall in no case exceed Thirty-six Blows with a Rattan, to be inflicted. to be inflicted in the presence of the Governor of the Gaol, or Superintendent of Police,

other Officer of Police appointed for that purpose.

or

awarded in addition

VII. On the conviction of any Person of any Offence by which Injury or Loss to Amends may be Person or Property shall have accrued, it shall be lawful for the convicting Magistrate to Punishment. to award reasonable Amnends, to be made by the Offender to the Person aggrieved, by Payment, in addition to the Penalty to which the Offender may be liable for the Of fence, of any Sum not exceeding Fifty Dollars, notwithstanding that the aggrieved Person may

have been examined as a Witness in the Case.

VIII. If any Fine or any Amends or Compensation imposed or awarded under this Recovery of Fines Ordinance shall not be paid on Conviction, or within such Time or Times as may be and Amends. determined by the Magistrate, it shall be lawful for such Magistrate to levy the Amount by distress on the Goods and Chattels of the Offender. And in case the Amount of any Fine or Amends or Compensation, 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 cause the Offender to be imprisoned for any Period not exceeding, together with such other Imprisonment, if any, as may have been awarded for his said Offence, the Term of Six Calendar Months in the whole.

Power to commit Persons using insult-

IX. If any Person shall use any threatening or insulting Expression to or con- cerning or in the presence of a Police Magistrate or Justice of the Peace, when acting ing Language to or in the discharge of any Magisterial duty, he shall be liable to be fined by the said Magis-in presence of Ma- trate or Justice of the Peace in an Amount not exceeding Fifty Dollars, or to be impri- soned for a Terin not exceeding Two Calendar Months.

gistrate.

Peualty for malicious

X. If it shall appear to a Police Magistrate that any Charge or Complaint was ma- Compensation or liciously preferred, or that any Witness has given false Testimony, it shall be lawful for Prosecution or falso such Magistrate to award Compensation not exceeding Fifty Dollars to be paid by Testimony. such Prosecutor or Witness to the Person aggrieved, or in his discretion to impose on such Prosecutor or Witness a Fine not exceeding Fifty Dollars, or to award Com- 'pensation and impose a Fine not exceeding together the Sum of Fifty Dollars.

than as to Supreme

XI. Whenever any Person shall enter into any Recognizance or Crown Bond (ex- Recognizances(other cept Recognizances entered into for appearance before the Supreme Court of this Colony) Court) to be estreated before any Magistrate, Justice of the Peace or any Officer of Police, and such Bond or in Default. Recognizance shall become forfeited, it shall be lawful for a Magistrate to summon the Person bound by the said Recognizance or Bond before him, and on satisfactory Proof of Forfeiture or Breach of Condition, to order the said Recognizance or Bond to be estreated and to authorize 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 sufficient Goods, Chattels, Lands or Tenements to satisfy the Amount of the Distress Warrant, the Defaulter shall be liable to Imprison-- ment for any Term not exceeding Three Months.

XII. Section 41 of Ordinance No. 14 of 1845 is hereby repealed, and in every case of the adjudication of a Pecuniary Penalty or Amends under the same Ordinance and non-payment thereof, it shall be lawful for the Magistrate to cause the Offender to be imprisoned for any Term not exceeding Three Calendar Months, such Imprison- ment to cease on Payment of the Sum remaining unpaid.

Imprisonment for non-payment of Fines.

or Two Justices of the

XIII. The Marine Magistrate shall have the power of a Police Magistrate to hear Marine Magistrate and decide all Cases of Assault, and Assault and Battery unaccompanied by an intent peace to have power to commit Felony, and any Two Justices of the Peace of this Colony sitting together of Oue Police Magis- shall have power to do any act or acts that a Police Magistrate is by this Ordinance authorized and empowered to do.

trate.