226
Magistrate to decide in cases of larceny when the property stolen shall not exceed £10 in value.
Corporal punishment not to exceed sixty stripes, and to be inflicted with a cane.
Persons not being able to give a satisfactory account of themselves liable to the punishment prescribed by this Ordinance; and if unregistered, to be sent out of the Island.
Appeal to Supreme Court allowed.
Writings and depositions to be given as evidence in appeal.
Depositions and certificate of sentence of
ORDINANCE No. 6 OF 1847.
Magistrates-Summary Jurisdiction.
4. And be it further enacted and ordained, that such Magistrate or Magistrates, Justice or Justices, shall have power, authority, and jurisdiction, to decide in all cases of larceny where the property stolen shall not exceed ten pounds in value, provided that in any case no greater punishment shall be awarded than is sanctioned by this Ordinance.
5. And be it further enacted and ordained, that in all cases where it shall be necessary to inflict corporal punishment on offenders under this Ordinance, such punishment shall not at any one time exceed sixty stripes, to be inflicted with a cane or rattan.
6. And be it further enacted and ordained, that persons having no ostensible means of livelihood, and being of evil fame or reputed thieves, and found wandering about the streets and roads, and not able to give satisfactory account of themselves, and it appearing upon oath, that there is just ground to believe that they were there with intent to commit felony, may be punished by such Magistrates or Justices or any of them in the manner prescribed by this Ordinance; and if such persons being Chinese be not registered under Ordinance No. 7 of 1846, it shall be lawful for such Magistrate or Magistrates, or Justice or Justices, in addition to any other punishment, to direct such persons to be sent out of the Island of Hongkong without delay.
7. And be it further enacted and ordained, that in all cases where any on trial shall be convicted, it shall be lawful for him at the time of his conviction to signify to the said Magistrates his intention of appealing against such conviction to the criminal sessions of the Supreme Court, then next ensuing, and in such case, the presiding Magistrate shall certify in writing such fact, and deliver to the sheriff or his deputy, such certificate with a certified copy of the information, depositions, the nature of the sentence, and all documentary evidence or records whatsoever connected with the trial, whereupon the sheriff or his deputy shall lodge the said writings and documents with the Registrar of the Supreme Court, and have the body of the offender at the said ensuing sessions, in order that the said appeal may be tried and determined thereat.
8. And be it further enacted and ordained, that in case the detention in the said Colony until the trial of such appeal of all or any of the witnesses who appeared at the Court below should be attended with expense to the Crown or prosecutor, it shall be lawful for the Crown or any public prosecutor to produce at the trial at the said ensuing sessions all such writings and depositions as were taken or used at the trial before the Magistrates, and the same, subject to all just exceptions, shall be deemed legal evidence of the facts therein contained, or deposed to, without producing the witnesses or deponents in person, should such witnesses or deponents be then absent from the Colony.
9. And be it further enacted and ordained, that on the trial of the said appeal, the depositions and the said certificate containing the sentence of the said Magistrate
226
Magistrate to de- cide in cases of larceny when the property stolen shall not exceed
£10 in value.
Corporal punish-
ment not to ex- ceed sixty stripes,
and to be inflict- ed with a cane.
Persons not being able to give a satisfacto-
ry account of themselves liable to the punishment
prescribed by this Ordinance; and if unre- gistered, to be
sent out of the
Island.
Appeal to Supreme Court allowed.
Writings and depositions to be given as evidence in
appeal.
Depositions and certificate of sentence of
ORDINANCE No. 6 OF 1847.
Magistrates-Summary Jurisdiction.
4. And be it further enacted and ordained, that such Magistrate or Magistrates, Justice or Justices, shall have power, authority, and jurisdiction, to decide in all cases of larceny where the property stolen shall not exceed ten pounds in value, provided that in any case no greater punishment shall be awarded than is sanctioned by this Ordinance.
5. And be it further enacted and ordained, that in all cases where it shall be necessary to inflict corporal punishment on offenders under this Ordinance, such punishment shall not at any one time exceed sixty stripes, to be inflicted with a cane or rattan.
6. And be it further enacted and ordained, that persons having no ostensible means of livelihood, and being of evil fame or reputed thieves, and found wandering about the streets and roads, and not able to give satisfactory account of themselves, and it appearing upon oath, that there is just ground to believe that they were there with intent to commit felony, may be punished by such Magistrates or Justices or any of them in the manner prescribed by this Ordinance; and if such persons being Chinese be not registered under Ordinance No. 7 of 1846, it shall be lawful for such Magistrate or Magistrates, or Justice or Justices, in addition to any other punishment, to direct such persons to be sent out of the Island of Hongkong without delay.
to
7. And be it further enacted and ordained, that in all cases where any on trial shall be convicted, it shall be lawful for him at the time of his signify to the said Magistrates his intention of appealing against such conviction to the criminal sessions of the Supreme Court, then next ensuing, and in such case, the presiding Magistrate shall certify in writing such fact, and deliver to the sheriff or his deputy, such certificate with a certified copy of the information, depositions, the nature. of the sentence, and all documentary evidence or records whatsoever connected with the trial, whereupon the sheriff or his deputy shall lodge the said writings and documents with the Registrar of the Supreme Court, and have the body of the offender at the said ensuing sessions, in order that the said appeal may be tried and determined thereat.
8. And be it further enacted and ordained, that in case the detention in the said Colony until the trial of such appeal of all or any of the witnesses who appeared at the Court below should be attended with expense to the Crown or prosecutor, it shall be lawful for the Crown or any public prosecutor to produce at the trial at the said ensuing sessions all such writings and depositions as were taken or used at the trial before the Magistrates, and the same, subject to all just exceptions, shall be deemed legal evidence of the facts therein contained, or deposed to, without producing the witnesses or deponents in person, should such witnesses or deponents be then absent from the Colony,
9. And be it further enacted and ordained, that on the trial of the said appeal, the depositions and the said certificate containing the sentence of the said Magistrate
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