1901_MALICIOUS_DAMAGE_ORDINANCE__1865 — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

A.D. 1865.]

gistrates offences

offence, Colony,

1 before mmitted

erm not

breaks, descrip-

respect-

for the injury to the

offence. Colony.

men-

atted to m not

:

destroys belong- whereby >wed or

herwise weir.

ty port. vigable

iable, at

r life or

y term or with-

years,

MALICIOUS DAMAGE.

[No. 6.

227

Removing

bank, etc.

24 & 25 Vict.

26. Every person who unlawfully and maliciously (1.) cuts off, draws up, or removes any piles or other materials fixed in the ground, and used for securing any sea-bank or sea-wall or the bank, dam, or wall of any river, creek, trench, drain, aqueduct, marsh, reservoir, pool, port, harbour, dock, quay, wharf, jetty, or lock; or

(2.) opens or draws up any floodgate or sluice, or does any other injury or mischief to any river or creek or to any drain, trench, or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation or drainage thereof,

shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and 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, and, if a male under the age of sixteen years, with or without whipping.

Injuries to Bridges, Viaducts, etc.

27. Every person who unlawfully and maliciously pulls or throws down, or in anywise destroys, any bridge (whether over any stream of water or not) or any viaduct or aqueduct, over or under which bridge, viaduct, or aqueduct any highway or canal passes, or does any injury with intent and so as thereby to render such bridge, viaduct, or aqueduct, or the highway or canal passing over or under the same, or any part thereof, dangerous or impassable, shall be guilty of felony, and, being convicted thereof, 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, and, if a male under the age of sixteen years, with or without whipping.

Injuries to Telegraphs.

c. 97 s. 31.

Injury to bridge, etc.

Ib. s. 33.

Injury to electric or magnetic

Ib. s. 37.

28. Every person who unlawfully and maliciously (1.) cuts, breaks, throws down, destroys, injures, or removes any battery, machinery, wire, cable, post, or other matter or thing whatsoever, being part of or being used or employed in or about any electric or magnetic telegraph or in the working thereof; or

(2.) prevents or obstructs in any manner whatsoever the sending, conveyance, or delivery of any communication by any such telegraph,

shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour: Provided that if it

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A.D. 1865.] gistrates offences offence, Colony, 1 before mmitted erm not breaks, descrip- respect- for the injury to the offence. Colony. men- atted to m not : destroys belong- whereby >wed or herwise weir. ty port. vigable iable, at r life or y term or with- years, MALICIOUS DAMAGE. [No. 6. 227 Removing bank, etc. 24 & 25 Vict. 26. Every person who unlawfully and maliciously (1.) cuts off, draws up, or removes any piles or other materials fixed in the ground, and used for securing any sea-bank or sea-wall or the bank, dam, or wall of any river, creek, trench, drain, aqueduct, marsh, reservoir, pool, port, harbour, dock, quay, wharf, jetty, or lock; or (2.) opens or draws up any floodgate or sluice, or does any other injury or mischief to any river or creek or to any drain, trench, or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation or drainage thereof, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and 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, and, if a male under the age of sixteen years, with or without whipping. Injuries to Bridges, Viaducts, etc. 27. Every person who unlawfully and maliciously pulls or throws down, or in anywise destroys, any bridge (whether over any stream of water or not) or any viaduct or aqueduct, over or under which bridge, viaduct, or aqueduct any highway or canal passes, or does any injury with intent and so as thereby to render such bridge, viaduct, or aqueduct, or the highway or canal passing over or under the same, or any part thereof, dangerous or impassable, shall be guilty of felony, and, being convicted thereof, 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, and, if a male under the age of sixteen years, with or without whipping. Injuries to Telegraphs. c. 97 s. 31. Injury to bridge, etc. Ib. s. 33. Injury to electric or magnetic Ib. s. 37. 28. Every person who unlawfully and maliciously (1.) cuts, breaks, throws down, destroys, injures, or removes any battery, machinery, wire, cable, post, or other matter or thing whatsoever, being part of or being used or employed in or about any electric or magnetic telegraph or in the working thereof; or (2.) prevents or obstructs in any manner whatsoever the sending, conveyance, or delivery of any communication by any such telegraph, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour: Provided that if it
Baseline (Original)
). 1865. A.D. 1865.] gistrates offences offence, Colony, 1 before mmitted erm not breaks, descrip- respect- for the injury to the offence. Colony. men- atted to m not : destroys belong- whereby >wed or herwise weir. ty port. vigable iable, at r life or y term or with- years, MALICIOUS DAMAGE. [No. 6. 227 Removing bank, etc. 24 & 25 Tiet. 26. Every person who unlawfully and maliciously (1.) cuts off, draws up, or removes any piles or other materials fixed pile of sea- in the ground, and used for securing any sea-bank or sea-wall or the bank, dam, or wall of any river, creek, trench, drain, aqueduct, marsh, reservoir, pool, port, harbour, doek, quay, wharf. jetty, or lock ; or (2.) opens or draws up any floodgate or sluice, or does any other injury or mischief to any river or creek or to any drain, trench, or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation or drainage thereof, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and not less than three years or to im- prisonment 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. Injuries to Bridges, Viaducts, etc. 27. Every person who unlawfully and maliciously pulls or throws down, or in anywise destroys, any bridge (whether over any stream of water or not) or any, viaduct or aqueduct, over or under which bridge, viaduct, or aqueduct any highway or canal passes, or does any injury with intent and so as thereby to render such bridge, vinduct, or aque- duct, or the highway or canal passing over or under the same, or any part thereof, dangerous or impassable, shall be guilty of felony, and, being convicted thereof, 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, and, if a male under the age of sixteen years, with or without whipping. Injuries to Telegraphs. c. 97 s. 31. Injury to bridge, etc. Ib. s. 33. Injury to electric or bat- magnetic Ib. s. 37. 28. Every person who unlawfully and maliciously (1.) cuts, breaks, throws down, destroys, injures, or removes any tery, machinery, wire, cable, post, or other matter or thing what- telegraph. soever, being part of or being used or employed in or about any electric or magnetic telegraph or in the working thereof; or (2.) prevents or obstructs in any manner whatsoever the sending, con- veyance, or delivery of any communication by any such telegraph, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour: Provided that if it 9
2026-05-02 22:07:55 · Baseline
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). 1865.

A.D. 1865.]

gistrates offences

offence, Colony,

1 before mmitted

erm not

breaks, descrip- respect-

for the injury to the

offence. Colony.

men-

atted to m not

:

destroys belong- whereby >wed or

herwise weir.

ty port. vigable

iable, at

r life or

y term or with-

years,

MALICIOUS DAMAGE.

[No. 6.

227

Removing

bank, etc.

24 & 25 Tiet.

26. Every person who unlawfully and maliciously (1.) cuts off, draws up, or removes any piles or other materials fixed pile of sea-

in the ground, and used for securing any sea-bank or sea-wall or the bank, dam, or wall of any river, creek, trench, drain, aqueduct, marsh, reservoir, pool, port, harbour, doek, quay, wharf. jetty, or lock ; or

(2.) opens or draws up any floodgate or sluice, or does any other injury or mischief to any river or creek or to any drain, trench, or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation or drainage thereof,

shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and not less than three years or to im- prisonment 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.

Injuries to Bridges, Viaducts, etc.

27. Every person who unlawfully and maliciously pulls or throws down, or in anywise destroys, any bridge (whether over any stream of water or not) or any, viaduct or aqueduct, over or under which bridge, viaduct, or aqueduct any highway or canal passes, or does any injury with intent and so as thereby to render such bridge, vinduct, or aque- duct, or the highway or canal passing over or under the same, or any part thereof, dangerous or impassable, shall be guilty of felony, and, being convicted thereof, 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, and, if a male under the age of sixteen years, with or without whipping.

Injuries to Telegraphs.

c. 97 s. 31.

Injury to bridge, etc.

Ib. s. 33.

Injury to electric or

bat-

magnetic

Ib. s. 37.

28. Every person who unlawfully and maliciously (1.) cuts, breaks, throws down, destroys, injures, or removes any

tery, machinery, wire, cable, post, or other matter or thing what- telegraph. soever, being part of or being used or employed in or about any electric or magnetic telegraph or in the working thereof; or (2.) prevents or obstructs in any manner whatsoever the sending, con- veyance, or delivery of any communication by any such telegraph, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour: Provided that if it

9

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