ORDINANCE No. 16 OF 1875.
Magistrates.
No. 16 of 1875.
An Ordinance to amend and consolidate the laws concerning the jurisdiction of Magistrates over indictable offences and for other purposes.
WE
[25th November, 1875.]
WHEREAS recent investigations have raised a doubt as to the validity of the jurisdiction hitherto exercised by Police Magistrates under Ordinances 6 of 1862 and 1 of 1863: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as "The Magistrates Ordinance, 1875,"
2. The expression "Indictable," as used in this Ordinance, includes proceedings by information, and the expression "Magistrate" means Police Magistrate, unless the context indicates the contrary.
3. There shall as heretofore be two Police Magistrates; the Magistrates now in office are continued therein as fully as if they were appointed hereunder, and the Governor may appoint others, from time to time, as vacancies occur.
1413
Preamble.
Short title.
Interpretation.
Police Magistrates.
Powers of Police Magistrates continued.
4. The Police Magistrates shall be Justices of the Peace by virtue of their office, and shall have and may exercise all such powers and jurisdiction as were vested in the Police Magistrates at the time of the passing of this Ordinance, except so far as they are hereby altered or repealed.
5. Whenever any person is brought before a Magistrate charged with having committed, whether before or after the passing of this Ordinance, any indictable offence, not being one of the following offences, that is to say:-
Any offence which is punishable with death;
Any offence (except burglary) which is punishable with penal servitude for life;
Any offence which is committed within the jurisdiction of the Admiralty;
Any felony mentioned in Ordinance No. 1 of 1868.
Misprision of treason;
may convict summarily for certain indictable offences. (See s. 4 of 6 of 1862.)
ORDINANCE No. 16 OF 1875.
Magistrates.
No. 16 of 1875.
An Ordinance to amend and consolidate the laws concerning Title. the jurisdiction of Magistrates over indictable offences and for other purposes.
WE
[25th November, 1875.]
HEREAS recent investigations have raised a doubt as to the va- lidity of the jurisdiction hitherto exercised by Police Magistrates under Ordinances 6 of 1862 and 1 of 1863: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as "The Magistrates Ordinance, 1875,"
2. The expression "Indictable," as used in this Ordinance, includes proceedings by information, and the expression "Magistrate" means Police Magistrate, unless the context indicates the contrary.
3. There shall as heretofore be two Police Magistrates; the Magis- trates now in office are continued therein as fully as if they were appointed. hereunder, and the Governor may appoint others, from time to time, as vacancies occur.
1413
Preamble.
Short title.
Interpreta tion.
Police Magistrates.
Powers of Police
continued.
4. The Police Magistrates shall be Justices of the Peace by virtue of their office, and shall have and may exercise all such powers and Magistrates jurisdiction as were vested in the Police Magistrates at the time of the passing of this Ordinance, except so far as they are hereby altered or repealed.
5. Whenever any person is brought before a Magistrate charged Magistrates with having committed, whether before or after the passing of this Ordi- one of the following offences,
nance, any indictable offence, not bein
that is to say:-
Any offence which is punishable with death;
Any offence (except burglary) which is punishable with penalt
servitude for life;
Any offence which is committed within the jurisdiction of the
Admiralt
Any felony mentioned in Ordinance No. 1 of 1868.
Misprision of treason;
may convict summarily for certain indict- able offences. (See s. 4 of 6 of 1862.)
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