186
Principals in second degree, accessories, and abettors.
24 & 25 Vict. c. 98 s. 49.
Fine and sureties for keeping peace. Ibid. s. 51.
Punishment of hard labour.
Ibid. s. 52. See Ordinance No. 4 of 1899.
No. 4. THE ORDINANCES OF HONGKONG: [A.D. 1865.
would, according to the provisions contained in any such enactment, be guilty of felony, and would before the passing of the said Act 1 William 4 Chapter 66, have been liable to suffer death as a felon, then, and in each of the several cases aforesaid, if any person, after the commencement of this Ordinance, is convicted of any such felony as is hereinbefore in this section mentioned, or of aiding, abetting, counselling, or procuring the commission thereof, and the same is not punishable under any of the other provisions of this Ordinance, every such person shall be liable, at the discretion of the Court, to imprisonment with hard labour for life or for any term not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
49.--(1.) In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable.
(2.) Every accessory after the fact to any felony punishable under this Ordinance shall, on conviction, be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
(3.) Every person who aids, abets, counsels, or procures the commission of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender.
50.-(1.) Whenever any person is convicted of a misdemeanor under this Ordinance, it shall be lawful for the Court, if it thinks fit, in addition to or in lieu of any of the punishments authorized by this Ordinance, to fine the offender, and to require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour.
(2.) In all cases of felonies mentioned in this Ordinance, it shall be lawful for the Court, if it thinks fit, to require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments authorized by this Ordinance: Provided that no person shall be imprisoned under this section for not finding sureties for any period exceeding one year.
51. Whenever imprisonment, with or without hard labour, may be awarded for any offence under this Ordinance, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and in either case the sentence shall be carried out in accordance with the provisions of any Ordinance for the time being in force relating to prisons.
52. Whenever solitary confinement may be awarded for any offence under this Ordinance, the Court may sentence the offender to be imprisoned, and direct that he be kept in solitary confinement for any period not exceeding one month at any one time.
Page 187
A.D. 186
Larceny
BE it enacted
Legislative Council
1. This
2. In the "Document" warrant order bought Course authorize by delivery any goods "Trust deed, personal representative or to an execution liquidator Ordinance vency:
1 "Valuation whatsoever corporate body of the like any Form or society or in a and also order, court money,
186
Principals in second degree, accessories,
and abettors.
24 & 25 Vict. .c. 98 s. 49.
Fine and sureties for keeping peace. 7b. s. 51.
Punishment of hard labour.
b. s. 52.
Seo Ordi nance No. 4 of 1899.
Punishment
No. 4. THE ORDINANCES OF HONGKONG: [A.D. 1865.
would, according to the provisions contained in any such enactment, be guilty of felony, and would before the passing of the said Act 1 William 4 Chapter 66, have been liable to suffer death as a felon, then, and in each of the several cases aforesaid, if any person, after the commencement of this Ordinance, is convicted of any such felony as is hereinbefore in this section mentioned, or of aiding, abetting, counselling, or procuring the commission thereof, and the same is not punishable under any of the other provisions of this Ordinance, every such person shall be liable, at the discretion of the Court, to imprisonment with hard labour for life or for any term not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or with- out solitary confinement.
49.--(1.) In the case of every felony punishable under this Ordi- nance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable.
(2.) Every accessory after the fact to any felony punishable under this Ordinance shall, on conviction, be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
(3.) Every person who aids, abets, counsels, or procures the commis- sion of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender.
50.-(1.) Whenever any person is convicted of a misdemeanor under this Ordinance, it shall be lawful for the Court, if it thinks fit, in addition to or in lieu of any of the punishments authorized by this Ordinance, to fine the offender, and to require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour.
(2.) In all cases of felonies mentioned in this Ordinance, it shall be lawful for the Court, if it thinks fit, to require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments authorized by this Ordi- nance: Provided that no person shall be imprisoned under this section for not finding sureties for any period exceeding one year.
51. Whenever imprisonment, with or without hard labour, may be awarded for any offence under this Ordinance, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and in either case the sentence shall be carried out in accordance with the provisions of any Ordinance for the time being in force relating to prisons.
52, Whenever solitary confinement may be awarded for any offence
A.D. 186
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