142
livery of Arms on quitting Force.
tendent or Magistrate
of Discipline.
THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1862.
execute any Warrant lawfully directed to be by him executed, or shall be guilty of any disobedience to the Orders and Regulations framed by the Captain Superintendent, or any other misconduct as an Officer of the Police Force or as a Constable, or who having duly engaged and bound himself to serve in the Force shall desert therefrom, or who being permitted to resign shall not upon ceasing to belong to the Force deliver up all Arms, Accoutrements and Appointments whatsoever entrusted to him for the performance of his duty, he shall, upon conviction thereof before a Police Magistrate in a Summary manner, forfeit and pay a Sum not exceeding Two Hundred Dollars, and in default of payment thereof, be imprisoned in any Gaol of this Colony with or without Hard Labor, for any Term not exceeding Six Months; and every Offender shall forfeit all pay during his Imprisonment.
Captain Superin- XVI. The Captain Superintendent shall, in cases of breach of Discipline or neglect to punish for breaches of duty by any Officer or Constable of the Force, upon proof thereof to his satisfaction, have power to order the Offender to forfeit and pay a Sum not exceeding Twenty-five Dollars, or award Imprisonment for any term not exceeding Seven Days with forfei- ture of Pay; or, in his discretion, the Captain Superintending may bring the Offender before a Police Magistrate who shall have power to award Imprisonment for any term not exceeding Fourteen Days with or without Hard Labour, together with forfeiture of all Pay during such Imprisonment.
Penalty for posses- sion of Police Appoint-
Police Officer.
XVII. If any Person not being a member of the Police Force shall have in his ments, or personating possession any Arms, Accoutrements or Appointments supplied to any Officer of the Force, and shall not be able satisfactorily to account for his possession thereof, or shall put on or assume the Dress, Name, Designation or Description of an Officer of the Force or of a Constable, every such Person so offending shall, in addition to any other Punishment to which he may be liable for such Offence, forfeit and pay for every such Offence any Sum not exceeding Two Hundred Dollars, to be recovered in a Summary Manner before any Police Magistrate.
Police Officer may apprehend Persons
suspected of being guilty of Felony
Misdemeanour.
To take Bail.
XVIII. It shall be lawful for any Officer or Constable of the Police Force to ap-. prehend any Person who shall be charged with, or whom he shall reasonably suspect of or being guilty of any Felony or Misdemeanour without any Warrant for that purpose, and whether he shall have seen such Felony or Misdemeanour committed or not, and whenever any Person so apprehended shall be brought without Warrant to the Officer in charge of any Police Station, it shall be lawful for such last mentioned Officer, in a case of Misdemeanour, if he shall deem it proper so to do, and if no Magistrate shall be in attendance at his Office, to take bail by recognizance with or without sureties in a sufficient Sum without fee or reward from such Person, conditioned that such Person shall appear for examination before a Magistrate at some place to be specified in the Recognizance, being the earliest time then next after when a Magistrate shall be in attendance at his Office; and every Recognizance so taken shall be of equal obligation on the Parties entering into the same and liable to the same proceedings for estreating thereof, as if the same had been taken before a Magistrate; and the respective Names, Particulars of Recog- Residences and Occupations of the Person so apprehended, and his surety or sureties, nizance to be entered if any, entering into such Recognizance, together with the Condition thereof and the Sums respectively acknowledged, shall be entered in a Book to be kept for that purpose, which shall be laid before the Magistrate, before whom the Person apprehended is to And forfeited on appear; and if he do not appear when called upon at the time and place mentioned in such Recognizance, the Magistrate shall forthwith estreat the Recognizance: Provided that, if the Person apprehended shall appear and shall make Application for a postpone- ment of the Hearing of the Charge against him, the Magistrate may, if he see fit to grant such Application, enlarge the Recognizance to such further time as he may. think proper, and when the matter shall have been heard and determined, such Recognizance shall be discharged without fee or reward.
in book,
non-appearance of Defendant.
Folice Officer not responsible for want of Jurisdiction. Ge-
neral Issue may be matter given in evi-
pleaded and special
dence.
Victualler harboring Police Officer on duty,
XIX. In case any Action shall be brought against any Officer or Constable of the Police Force for any act done in obedience to the Warrant of any Magistrate, the Officer or Constable shall not be responsible for any irregularity in the issuing of the Warrant or for any want of Jurisdiction in the Magistrate issuing the same, and the Officer or Constable may plead the general issue and give such Warrant in evidence; and upon producing such Warrant and proving that the Signature thereto is the hand- writing of a Person reputed to be a Magistrate, and that the act was done in obedience to such Warrant, the Jury or Court before whom the Action is tried, shall find a Verdict for the Defendant who shall also recover double his Costs of Suit.
XX. If any Victualler or Keeper of any House, Shop, Room or other Place for on conviction to be the Sale of any Liquors whether spirituous or otherwise, shall knowingly harbour or en- tertain any man belonging to the Police Force, or permit him to abide or remain in his
fined.
No comments yet.
Private notes are available after approval.