1901_SUMMARY_OFFENCES_ORDINANCE__1845 — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed
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22

former for

information

without permission of Magistrate.

No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1845.

common in- for any offence alleged to have been committed, by which he was not compounding personally aggrieved, and afterwards directly or indirectly receives, without the permission of a Magistrate, any sum of money or other reward for compounding, delaying, or withdrawing the information, it shall be lawful for any Magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with the offence of such compounding, delay, or withdrawal; and if such offence is proved by the confession of the party or by the oath of any credible witness, such informer shall be liable to a penalty not exceeding one hundred dollars.

Punishment of second or subsequent offence against the Ordinance.

Power to order delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable.

Removal of filth, etc., and recovery of expenses of removal.

44. For every second or subsequent offence under this Ordinance (not being an offence made punishable under sections 4, 5, and 13 to 19, both inclusive) the offender shall be liable, in the discretion of the convicting Magistrate, to a penalty in double the amount or to imprisonment, with or without hard labour, for any length of time not more than fourteen days where the pecuniary penalty imposed for the first offence does not exceed fifty dollars, and for any time not more than one calendar month where the pecuniary penalty imposed for the first offence does not exceed one hundred dollars.

45. If any goods or money charged to be stolen or fraudulently obtained are or is in the custody of any constable by virtue of any warrant of a Magistrate, or in prosecution of any charge of felony or misdemeanor in regard to the obtaining thereof, and the person charged with stealing or obtaining possession as aforesaid is not found, or has been summarily convicted or discharged, or has been tried and acquitted, or if such person has been tried and found guilty, but the property so in custody has not been included in any indictment or information on which he has been found guilty, it shall be lawful for any Magistrate to make an order for the delivery of such goods or money to the person who may appear to be the rightful owner thereof, or, in case the owner cannot be ascertained, then to make such order with respect to such goods or money as to the Magistrate may seem meet: Provided always that no such order shall be any bar to the right of any person to sue the party to whom such goods or money may be delivered, and to recover such goods or money from him by an action, provided that such action is commenced within six calendar months next after such order has been made.

46.--(1.) It shall be lawful for the Superintendent or other officer of Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said Superintendent or other officer, and, in default of such requisition being complied with, the said Superintendent or other officer shall and may cause to be done such other matter or thing.

(2.) It shall be lawful for the Magistrate to order the person who has been convicted of not complying with the requisition to pay the expenses incurred by the Superintendent or other officer in doing the matter or thing, and to adjudge such person to pay a penalty.

47. Nothing in this Ordinance shall be deemed to exempt any person from being indicted or tried for any offence, and on conviction thereof, to be punished accordingly.

48. All sums of money recovered under the provisions of this Ordinance shall be paid into the general revenue of the Colony.

49. Every person who shall wilfully and maliciously destroy or damage any property may be brought before a Magistrate, and if it appears that the damage was done maliciously, the person aggrieved, he having made his complaint on oath before a Magistrate, may recover, by way of compensation, a sum not exceeding one hundred dollars; and if the person complained against shall make amends to the satisfaction of the party aggrieved, he shall not be liable to any penalty.

50. Nothing in this Ordinance contained shall be construed to prevent any person from being indicted or tried for any offence, or from being proceeded against in a summary manner for any offence punishable under this Ordinance, or from being liable to any punishment or penalty under any other Act or Ordinance, Provided, no person shall be punished twice for the same offence, and no person shall be liable to any punishment or penalty for any act or omission which shall have caused any hurt or damage.

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22 former for information without permission of Magistrate. No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1845. common in- for any offence alleged to have been committed, by which he was not compounding personally aggrieved, and afterwards directly or indirectly receives, without the permission of a Magistrate, any sum of money or other reward for compounding, delaying, or withdrawing the information, it shall be lawful for any Magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with the offence of such compounding, delay, or withdrawal; and if such offence is proved by the confession of the party or by the oath of any credible witness, such informer shall be liable to a penalty not exceeding one hundred dollars. Punishment of second or subsequent offence against the Ordinance. Power to order delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses of removal. 44. For every second or subsequent offence under this Ordinance (not being an offence made punishable under sections 4, 5, and 13 to 19, both inclusive) the offender shall be liable, in the discretion of the convicting Magistrate, to a penalty in double the amount or to imprisonment, with or without hard labour, for any length of time not more than fourteen days where the pecuniary penalty imposed for the first offence does not exceed fifty dollars, and for any time not more than one calendar month where the pecuniary penalty imposed for the first offence does not exceed one hundred dollars. 45. If any goods or money charged to be stolen or fraudulently obtained are or is in the custody of any constable by virtue of any warrant of a Magistrate, or in prosecution of any charge of felony or misdemeanor in regard to the obtaining thereof, and the person charged with stealing or obtaining possession as aforesaid is not found, or has been summarily convicted or discharged, or has been tried and acquitted, or if such person has been tried and found guilty, but the property so in custody has not been included in any indictment or information on which he has been found guilty, it shall be lawful for any Magistrate to make an order for the delivery of such goods or money to the person who may appear to be the rightful owner thereof, or, in case the owner cannot be ascertained, then to make such order with respect to such goods or money as to the Magistrate may seem meet: Provided always that no such order shall be any bar to the right of any person to sue the party to whom such goods or money may be delivered, and to recover such goods or money from him by an action, provided that such action is commenced within six calendar months next after such order has been made. 46.--(1.) It shall be lawful for the Superintendent or other officer of Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said Superintendent or other officer, and, in default of such requisition being complied with, the said Superintendent or other officer shall and may cause to be done such other matter or thing. (2.) It shall be lawful for the Magistrate to order the person who has been convicted of not complying with the requisition to pay the expenses incurred by the Superintendent or other officer in doing the matter or thing, and to adjudge such person to pay a penalty. 47. Nothing in this Ordinance shall be deemed to exempt any person from being indicted or tried for any offence, and on conviction thereof, to be punished accordingly. 48. All sums of money recovered under the provisions of this Ordinance shall be paid into the general revenue of the Colony. 49. Every person who shall wilfully and maliciously destroy or damage any property may be brought before a Magistrate, and if it appears that the damage was done maliciously, the person aggrieved, he having made his complaint on oath before a Magistrate, may recover, by way of compensation, a sum not exceeding one hundred dollars; and if the person complained against shall make amends to the satisfaction of the party aggrieved, he shall not be liable to any penalty. 50. Nothing in this Ordinance contained shall be construed to prevent any person from being indicted or tried for any offence, or from being proceeded against in a summary manner for any offence punishable under this Ordinance, or from being liable to any punishment or penalty under any other Act or Ordinance, Provided, no person shall be punished twice for the same offence, and no person shall be liable to any punishment or penalty for any act or omission which shall have caused any hurt or damage. Page 15 Page 16
Baseline (Original)
22 former for information without per mission of Magistrate. No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1845. common in- for any offence alleged to have been committed, by which he was not compounding personally aggrieved, and afterwards directly or indirectly receives, without the permission of a Magistrate, any sum of money or other reward for compounding, delaying, or withdrawing the information, it shall be lawful for any Magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with the offence of such compounding, delay, or withdrawal; and if such offence is proved by the confession of the party or by the oath of any credible witness, such informer shall be liable to a penalty not exceeding one hundred dollars. Punishment. of second or subsequent offence against the Ordinance. Power to order delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of coustable. Removal of recovery of expenses of removal. 44. For every second or subsequent offence under this Ordinance (not being an offence made punishable under sections 4, 5, and 13 to 19, both inclusive) the offender shall be liable, in the discretion of the convicting Magistrate, to a penalty in double the amount or to imprisonment, with or without hard labour, for any length of time not more than fourteen days where the pecuniary penalty imposed for the first offence does not exceed fifty dollars, and for any time not more than one calendar month where the pecuniary penalty imposed for the first offence does not ex- ceed one hundred dollars. 45. If any goods or money charged to be stolen or fraudulently ob- tained arc or is in the custody of any constable by virtue of any warrant of a Magistrate, or in prosecution of any charge of felony or misdemeanor in regard to the obtaining thereof, and thre person charged with stealing or obtaining possession as aforesaid is not found, or has been summarily convicted or discharged, or has been tried and acquitted, or if such person has been tried and found guilty, but the property so in custody has not been included in any indictment or information on which he has been found guilty, it shall be lawful for any Magistrate to make an order for the delivery of such goods or money to the person who may appear to be the rightful owner thereof, or, in case the owner cannot be ascertained, then to make such order with respect to such goods or money as to the Magistrate may seem meet: Provided always that no such order shall be any bar to the right of any person to sue the party to whom such goods or money may be delivered, and to recover such goods or money from him by an action, provided that such action is commenced within six calendar months next after such order has been made. 46.--(1.) It shall be lawful for the Superintendent or other officer of filth, etc., and Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said Superintendent or other officer, and, in default of such requisition being complied with, the said Superintendent or other officer shall and may A.D. 1845 - ALLI cause to be such other : (2.) It sl been convic penalties he the expense to the Magi ed and adj vided for th 47. Noth ment of any the same, yo shall lie on 48. All s the informat 49. Ever within the C perty may 1 belonging t amends for grieved, he before a Ma ing one hun able amends may be liabl 50. Noth from being i mation for a tion by this proceeded a, Provided, no offence, and hurt or dama 51. The P summary ma for the time the practice a on summary Page 15Page 16
2026-05-02 23:49:14 · Baseline
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22

former for

information

without per mission of Magistrate.

No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1845.

common in- for any offence alleged to have been committed, by which he was not compounding personally aggrieved, and afterwards directly or indirectly receives, without the permission of a Magistrate, any sum of money or other reward for compounding, delaying, or withdrawing the information, it shall be lawful for any Magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with the offence of such compounding, delay, or withdrawal; and if such offence is proved by the confession of the party or by the oath of any credible witness, such informer shall be liable to a penalty not exceeding one hundred dollars.

Punishment. of second or subsequent offence

against the Ordinance.

Power to order delivery of goods or

money

charged to have been stolen or fraudulently obtained, and in custody of

coustable.

Removal of

recovery of expenses of removal.

44. For every second or subsequent offence under this Ordinance (not being an offence made punishable under sections 4, 5, and 13 to 19, both inclusive) the offender shall be liable, in the discretion of the convicting Magistrate, to a penalty in double the amount or to imprisonment, with or without hard labour, for any length of time not more than fourteen days where the pecuniary penalty imposed for the first offence does not exceed fifty dollars, and for any time not more than one calendar month where the pecuniary penalty imposed for the first offence does not ex- ceed one hundred dollars.

45. If any goods or money charged to be stolen or fraudulently ob- tained arc or is in the custody of any constable by virtue of any warrant of a Magistrate, or in prosecution of any charge of felony or misdemeanor in regard to the obtaining thereof, and thre person charged with stealing or obtaining possession as aforesaid is not found, or has been summarily convicted or discharged, or has been tried and acquitted, or if such person has been tried and found guilty, but the property so in custody has not been included in any indictment or information on which he has been found guilty, it shall be lawful for any Magistrate to make an order for the delivery of such goods or money to the person who may appear to be the rightful owner thereof, or, in case the owner cannot be ascertained, then to make such order with respect to such goods or money as to the Magistrate may seem meet: Provided always that no such order shall be any bar to the right of any person to sue the party to whom such goods or money may be delivered, and to recover such goods or money from him by an action, provided that such action is commenced within six calendar months next after such order has been made.

46.--(1.) It shall be lawful for the Superintendent or other officer of filth, etc., and Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said Superintendent or other officer, and, in default of such requisition being complied with, the said Superintendent or other officer shall and may

A.D. 1845

- ALLI

cause to be such other : (2.) It sl been convic penalties he the expense to the Magi ed and adj vided for th

47. Noth ment of any the same, yo shall lie on

48. All s

the informat

49. Ever within the C

perty may 1 belonging t amends for grieved, he before a Ma

ing one hun able amends may be liabl

50. Noth from being i mation for a tion by this proceeded a, Provided, no offence, and hurt or dama

51.

The

P

summary ma for the time the practice a

on summary

Page 15Page 16

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