216
Power to apprehend without warrant person found committing offence against the Ordinance.
24 & 25 Vict. c. 96 s. 103,
437/1/45
Power for constable to apprehend
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
offence to any person who will sue for the same by action of debt, to be recovered with full costs of suit.
Apprehension of Offenders and other Proceedings,
91. (1.) Any person who is found committing any offence punishable, either on indictment or on summary conviction, by virtue of this Ordinance may be immediately apprehended without a warrant by any person, and forthwith taken, together with such property, if any, before a Police Magistrate, to be dealt with according to law.
(2.) If any credible witness proves, upon oath or declaration before a Police Magistrate, a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever on or with respect to which any offence punishable, either on indictment or on summary conviction, by virtue of this Ordinance has been committed, the Magistrate may grant a warrant to search for such property as in the case of stolen goods.
(3.) Any person to whom any property is offered to be sold, pawned, or delivered, if he has reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorized, and, if in his power, is required, to apprehend and forthwith take before a Police Magistrate the person offering the same, together with such property, to be dealt with according to law.
92. Any constable or peace officer may take into custody, without a warrant, any person whom he finds lying or loitering in any highway, yard, or other place, during the night, and whom he has good cause to suspect of having committed, or being about to commit, any felony mentioned in this Ordinance, and shall take such person, as soon as reasonably may be, before a Police Magistrate, to be dealt with according to law.
10. s. 104.
Application of forfeiture or penalty on summary conviction.
IV. S. 106.
93.--(1.) Every sum of money which is forfeited on a summary conviction for the value of any property stolen or taken, or for the amount of any injury done (such value or amount to be assessed in each case by the convicting Magistrate), shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be applied in the same manner as a penalty.
(2.) Every sum which is imposed as a penalty by any Police Magistrate, whether in addition to such value or amount or otherwise, shall be paid to Her Majesty for the use of the Colony and in support of the Government thereof; Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, in every such case no further sum shall be paid
A.D. 186
to the party aggrieved. sum or sum imposed by
94. In cases where the penalty is taken or forfeited by the convicting Magistrate, unless otherwise specially directed, there shall be paid to the discretion of any Ordinance or Magistrate to offences.
95. When a Magistrate convicts any person, the Magistrate may, on conviction, award damages and costs to the Magistrate.
96. In cases of summary conviction, the fine shall be paid, together with the costs of the conviction thereof, or in default of payment, imprisonment as judged in the conviction.
any Magistrate, all further proceedings
97. (1.) Any person for a wrong commenced with
(2.) Notice shall be given to the defendant of the action
(3.) In an action for damages, and give this to be had there
(4.) No Tender of amends has of money had on behalf of the
Page 30
Page 31
216
Power to apprehend
without warrant
person found
committing offence against the Ordinance.
24 & 25 Tiet. c. 96 s. 103,
437/1/45
Power for constable to apprehend
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865. offence to any person who will sue for the same by action of debt, to be recovered with full costs of suit.
Apprehension of Offenders and other Proceedings,
91. (1.) Any person who is found committing any offence punish- able, either on indictment or on summary conviction, by virtue of this Ordinance may be immediately apprehended without a warrant by any and forthwith taken, together with such property, if any, before a Police Magistrate, to be dealt with according to law.
person,
(2.) If any credible witness proves, upon oath or declaration before a Police Magistrate, a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever on or with respect to which any offence punishable, either on indictment or on summary conviction, by virtue of this Ordinance has been committed, the Magistrate may grant a warrant to search for such property as in the case of stolen goods.
(3.) Any person to whom any property is offered to be sold, pawned.
that any
such offence or delivered, if he has reasonable cause to suspect. has been committed on or with respect, to such property, is hereby authorized, and, if in his power, is required, to apprehend and forthwith. to take before a Police Magistrate the person offering the same, together with such property, to be dealt with according to law.
92. Any constable or peace officer may take into custody, without a warrant, any person whom he finds lying or loitering in any highway, person loiter- yard, or other place, during the night, and whom he has good cause to ing at night and suspected suspect of having committed, or being about to commit, any felony 'mentioned in this Ordinance, and shall take such person, as soon as reasonably may be, before a Police Magistrate, to be dealt with accord- ing to law.
of felony
under the
Ordinance. 10. s. 104.
Application of forfeiture or penalty
on summary conviction. IV. S. 106.
93.--(1.) Every sum of money which is forfeited on a summary con- viction for the value of any property stolen or taken, or for the amount of any injury done (such value or amount to be assessed in each case by the convicting Magistrate), shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be applied in the
same manner as a
penalty.
(2.) Every sun which is imposed as a penalty by any Police Magis- trate, whether in addition to such value or amount or otherwise, shall be paid to Her Majesty for the use of the Colony and in support of the Government thereof; Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, in every such case no further sum shall be paid
A.D. 186
to the part
sum or sun
imposed by
94. In
where the :
taken or fo penalty by the convict
of the cony wise specia there to be
the discreti of any Ord of Magistra to offences.
95. Whe trate of any the Magist conviction, damages an gistrate.
96. In c.
mary convi
be paid, tog sion thereof prisonment judged in th
any Magisti all further
97. (I.) person for a menced wit (2.) Noti
be given to of the action (3.) In a
and give thi to be had th (4.) No T amends has of money ha behalf of th
Page 30Page 31
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