1901_MALICIOUS_DAMAGE_ORDINANCE__1865 — Page 6

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Destroying tree, etc., to amount of more than $, growing in pleasure ground, etc. 24 & 25 Viet. c. 97 s. 20.

Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground, etc. [b. s. 21.

Destroying tree, etc., to amount of 24 cents. wheresoever growing. 1. s. 22.

No. 6.] THE ORDINANCES OF HONGKONG : [A.D. 1865.

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, and, if a male under the age of sixteen years, with or without whipping.

19. Every person who unlawfully and maliciously cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling, or shrub, or any underwood, growing in any pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house (in case the amount of the injury done exceeds the sum of five dollars) shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for the term of three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

20. Every person who unlawfully and maliciously cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling, or shrub, or any underwood, growing elsewhere than in any pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house (in case the amount of injury done exceeds the sum of twenty-five dollars) shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for the term of three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

21. (1.) Every person who unlawfully and maliciously cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling, or shrub, or any underwood, wheresoever the same may be growing, the injury done being to the amount of twenty-four cents at the least, shall, on conviction thereof before a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned, or to be imprisoned and kept to hard labour, for any term not exceeding three months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding twenty-five dollars as to the Magistrate may seem meet.

(2.) Every person who, having been convicted of any such offence, either against this or any former enactment in force in this Colony, afterwards commits any of the said offences in this section before mentioned, and is convicted thereof in like manner, shall for such second offence be committed to the common gaol, there to be kept to hard labour for such term not exceeding six months as the convicting Magistrate may think fit.

(3.) Every person who unlawfully and maliciously commits any of the said offences in this section before mentioned, either before or after conviction thereof, shall be liable, at the discretion of the Court, to imprisonment for the term of three years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

22. (1.) Every person who unlawfully and maliciously damages with intent to destroy or render useless any production, growing tree, shrub, or plant whatsoever, in any garden, greenhouse, or conservatory, shall, on conviction before a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned and kept to hard labour for any term not exceeding three months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding twenty-five dollars as to the Magistrate may seem meet.

(2.) Every person who, having been convicted of any such offence, either against this or any former enactment in force in this Colony, afterwards commits any of the said offences in this section before mentioned, and is convicted thereof in like manner, shall be liable, at the discretion of the Court, to imprisonment for the term of three years, or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

23.--(1.) Every person who unlawfully and maliciously damages with intent to destroy or render useless any root, fruit, or vegetable production, growing for the purpose of food of man or for the purpose of sale, or in the course of preparation for sale, or enclosed, no matter whether it be in any garden or not, shall, on conviction before a Police Magistrate, either be imprisoned, or be imprisoned and kept to hard labour for any term not exceeding three months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding twenty-five dollars as to the Magistrate may seem meet, together with the amount of the injury done, as aforesaid, under...