690
Power to discharge defendant without
No. 3.1 THE ORDINANCES OF HONGKONG: A.D. 1890.
ence of the matters entered therein for the purpose of informing a Magistrate or the Magistrates, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3.) The entries relating to each minute, memorandum, or proceeding shall contain the name of the Magistrate before whom the conviction, order, or proceeding referred to in the minute or memorandum was made or had.
(4.) Every sum paid to the Magistrate's Clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said Second Schedule.
(5.) Every such register shall be open for inspection, without fee or reward, by a Magistrate, or by any person authorized in that behalf by a Magistrate, or by the Governor or Colonial Secretary.
Special Provisions.
31. If, on the hearing of a charge for an offence punishable on summary conviction under this Ordinance or under any other Ordinance or statute, whether past or future, the Magistrate thinks that, though the charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,
punishment
ing offence.
42 & 43 Vict.
c. 49 s. 16.
First Schedule:
Forms Nos. 26 and 45;
Form No. 21;
Form No. 5.
Appropria
found on defendant for
payment of fine not
(1.) the Magistrate, without proceeding to conviction, may dismiss the complaint or information, and, if he thinks fit, may order the defendant to pay such damages, not exceeding ten dollars, and such costs of the proceeding, or either of them, as the Magistrate may think reasonable; or
(2.) the Magistrate, on convicting the defendant, may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good behaviour, and either without payment of damages and costs or subject to the payment of such damages and costs, or either of them, as the Magistrate may think reasonable.
32. Where a defendant is fined a sum not exceeding five dollars and the same is not forthwith paid, the Magistrate inflicting the fine may order the defendant to be searched, and if the defendant, on being searched, is found to have on his person any sum of money equalling or exceeding the amount of his fine, it shall be lawful for the Magistrate, upon oath made to him of the fact by any person who was present when the defendant was searched, to order that so much of the said sum of money as may be sufficient to satisfy the fine be forfeited by the defendant, and that the defendant be thereupon discharged from custody.
Page 15
Page 16
690
Power to discharge defendant without
No. 3.1 THE ORDINANCES OF HONGKONG: A.D. 1890.
ence of the matters entered therein for the purpose of informing a Ma- gistrate or the Magistrates, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when re- quired to be proved against a person charged with another offence.
(3.) The entries relating to each minute, memorandum, or proceeding shall contain the name of the Magistrate before whom the conviction, order, or proceeding referred to in the minute or memorandum was made or had.
(4.) Every sum paid to the Magistrate's Clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said Second Schedule.
(5.) Every such register shall be open for inspection, without fee or re- ward, by a Magistrate, or by any person authorized in that behalf by a Magistrate, or by the Governor or Colonial Secretary.
Special Provisions.
31. If, on the hearing of a charge for an offence punishable on sum- mary conviction under this Ordinance or under any other Ordinance or statute, whether past or future, the Magistrate thinks that, though the in case of trif charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,----
punishment
ing offence.
42 & 43 Tidl.
c. 49 s. 16.
First Sche- dule:
Forms Nos. 26 and 45;
Form No. 21:
Form No. 5.
Appropria
found on de-
fendant for
payment of fine not
(1.) the Magistrate, without proceeding to conviction, may dismiss the complaint or information, and, if he thinks fit, may order the defend- ant to pay such damages, not exceeding ten dollars, and such costs of the proceeding, or either of them, as the Magistrate may think reasonable; or
(2.) the Magistrate, on convicting the defendant, may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good behaviour, and either without payment of damages and costs or subject to the payment of such damages and costs, or either of them, as the Ma- gistrate may think reasonable.
32. Where a defendant is fined a sum not exceeding five dollars and tion of money the same is not forthwith paid, the Magistrate inflicting the fine may order the defendant to be searched, and if the defendant, on being search- ed, is found to have on his person any sum of money equalling or cxcceding $5. exceeding the amount of his fine, it shall be lawful for the Magistrate, upon oath made to him of the fact by any person who was present when the defendant was searched, to order that so much of the said sum of money as may be sufficient to satisfy the fine be forfeited by the defend- ant, and that the defendant be thereupon discharged from custody.
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