ORDINANCES Nos. 6 AND 7 OF 1862.
Chief Magistrate & Assistant Magistrate-Abolition. Court of Summary Jurisdiction.
12. Section 41 of Ordinance No. 14 of 1845 is hereby repealed, and in every case of the adjudication of a pecuniary penalty or amends under the same Ordinance and non-payment thereof, it shall be lawful for the Magistrate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, ["with or without hard labour” as amended by Ordinance No. 9 of 1867] such imprisonment to cease on payment of the sum remaining unpaid.
13. The Marine Magistrate shall have the power of a Police Magistrate to hear and decide all cases of assault, and assault and battery unaccompanied by an intent to commit felony, and any two Justices of the Peace of this Colony sitting together shall have power to do any act or acts that a Police Magistrate is by this Ordinance authorized and empowered to do.
14. This Ordinance shall not come into operation until Proclamation be made to that effect by command of His Excellency the Governor, and published in the Hongkong Government Gazette.
[In force by Proclamation 7th July, 1862, and from same date: Repealed by Ordinance No. 16 of 1875.]
505
Imprisonment for non-payment of fines.
Marine Magistrate or two Justices of the Peace to have power of one Police Magistrate.
Suspending clause.
No. of 1862.
An Ordinance to establish a Court of Summary Jurisdiction, and to authorize the appointment of a Judge thereof.
[22nd March, 1862.]
WHEREAS the business of the Supreme Court of Hongkong has of late greatly increased, and it is necessary to relieve the Chief Justice from some of his judicial duties, and otherwise to afford to him aid in the administration of justice: And whereas the business of the Police Courts has also greatly increased, and it is desirable to relieve such Courts of all proceedings of a civil nature: And whereas for the purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the Court of Summary Jurisdiction: Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Ordinance No. 9 of 1845, No. 3 of 1849, No. 5 of 1854, and No. 10 of 1857 are hereby repealed.
2. A Court, for the trial and decision of causes in a summary manner by the Judge thereof, shall be and is hereby constituted, which Court shall be called the Court of Summary Jurisdiction, and the said Court shall be a Court of Record.
3. The jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease and determine, and the same is hereby transferred to the said Court of Summary Jurisdiction hereby constituted.
Title. [See Ord. No. 1 of 1871.]
Preamble.
Ordinances No. 9 of 1845, No. 3 of 1849, No. 5 of 1854 and No. 10 of 1857, repealed. Court of Summary Jurisdiction constituted.
Summary Jurisdiction of Supreme Court transferred.
ORDINANCES Nos. 6 AND 7 OF 1862.
Chief Magistrate & Assistant Magistrate-Abolition. Court of Summary Jurisdiction.
12. 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, ["with or without hard labour” as amended by Ordinance No. 9 of 1867] such imprisonment to cease on payment of the sum remaining unpaid.
13. The Marine Magistrate shall have the power of a Police Magistrate to hear and decide all cases of assault, and assault and battery unaccompanied by an intent to commit felony, and any two Justices of the Peace of this Colony sitting together shall have power to do any act or acts that a Police Magistrate is by this Ordinance authorized and empowered to do.
14. This Ordinance shall not come into operation until Proclamation be made to that effect by command of His Excellency the Governor, and published in the Hongkong Government Gazette.
[In force by Proclamation 7th July, 1862, and from same date: Repealed by Ordinance No. 16 of 1875.]
505
Imprisonment
for non-payment of fines.
Marine Magis- trate or two Justices of the Peace to have power of one Polico Magis- trate.
Suspending clause.
No. of 1862.
An Ordinance to establish a Court of Summary Jurisdiction, and to
authorize the appointment of a Judge thereof.
W
[22nd March, 1862.] HEREAS the business of the Supreme Court of Hongkong has of late greatly increased, and it is necessary to relieve the Chief Justice from some of his judicial duties, and otherwise to afford to him aid in the administration of justice: And whereas the business of the Police Courts has also greatly increased, and it is desirable to relieve such Courts of all proceedings of a civil nature: And whereas for the purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the Court of Summary Jurisdiction: Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Ordinance No. 9 of 1845, No. 3 of 1849, No. 5 of 1854, and No. 10 of 1857 are hereby repealed.
2. A Court, for the trial and decision of causes in a summary manner by the Judge thereof, shall be and is hereby constituted, which Court shall be called the Court of Summary Jurisdiction, and the said Court shall be a Court of Record.
3. The jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease and determine, and the same is hereby transferred to the said Court of Summary Jurisdiction hereby constituted.
Title. [See Ord, No. 1 07 1871.]
Preamble.
Ordinances No. 9.
of 1845, No. 3 of 1849, No. 5 of 1854 and No. 10 of 1857, repealed. Court of Sum- mary Jurisdic- tion constituted.
Summary Juris- diction of Sup-
reme Court transferred.
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