1912_LARCENY_ORDINANCE__1865 — Page 30

HK Historical Laws 香港歷史法例 All AI Reviewed

118

No. 5 of 1865.

LARCENY.

Application of forfeiture or penalty on summary conviction.

[24 & 25 Vict. c. 96 s. 106.]

First offenders. [ib. s. 108.] [cf. No. 4 of 1875 s. 12.]

Summary conviction to cause 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 Magistrate, to be dealt with according to law.

93. Every sum of money which is ordered to be paid 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 : Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a penalty.

[s. 94, rep. No. 50 of 1911.]

95. Where any person is summarily convicted of any offence against this Ordinance, and it is a first conviction, the Magistrate may discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the Magistrate.

96. In case any person convicted of any offence punishable on any other summary conviction by virtue of this Ordinance pays the sum ordered to be paid, together with costs, under such conviction, or for the same receives a remission thereof from the Crown or from the Governor, or suffers the imprisonment awarded for non-payment thereof or the imprisonment ordered in the first instance, or is discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause.

[s. 97, rep. No. 31 of 1911.]

[ib. s. 109.] [cf. No. 4 of 1875 s. 12.]

Evidence of good character on trial for second or subsequent offence.

[ib. s. 116.]

[cf. No. 4 of 1875 s. 12.]

* As amended by No. 50 of 1911 and No. 51 of 1911. As amended by No. 50 of 1911 and No. 21 of 1912. As amended by No. 50 of 1911.

Miscellaneous provisions.

98. Where any person is charged on an indictment with any offence punishable under this Ordinance and committed after a previous conviction for any felony, misdemeanor, or offence punishable under this Ordinance, evidence of good character shall be given in evidence on the trial for such second or subsequent offence.


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118 No. 5 of 1865. LARCENY. Application of forfeiture or penalty on summary conviction. [24 & 25 Vict. c. 96 s. 106.] First offenders. [ib. s. 108.] [cf. No. 4 of 1875 s. 12.] Summary conviction to cause 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 Magistrate, to be dealt with according to law. 93. Every sum of money which is ordered to be paid 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 : Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a penalty. [s. 94, rep. No. 50 of 1911.] 95. Where any person is summarily convicted of any offence against this Ordinance, and it is a first conviction, the Magistrate may discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the Magistrate. 96. In case any person convicted of any offence punishable on any other summary conviction by virtue of this Ordinance pays the sum ordered to be paid, together with costs, under such conviction, or for the same receives a remission thereof from the Crown or from the Governor, or suffers the imprisonment awarded for non-payment thereof or the imprisonment ordered in the first instance, or is discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause. [s. 97, rep. No. 31 of 1911.] [ib. s. 109.] [cf. No. 4 of 1875 s. 12.] Evidence of good character on trial for second or subsequent offence. [ib. s. 116.] [cf. No. 4 of 1875 s. 12.] * As amended by No. 50 of 1911 and No. 51 of 1911. As amended by No. 50 of 1911 and No. 21 of 1912. As amended by No. 50 of 1911. Miscellaneous provisions. 98. Where any person is charged on an indictment with any offence punishable under this Ordinance and committed after a previous conviction for any felony, misdemeanor, or offence punishable under this Ordinance, evidence of good character shall be given in evidence on the trial for such second or subsequent offence. Page 30 Page 31
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118 No. 5 of 1865. LARCENY. Application of forfeiture or penalty on summary conviction. [24 & 25 Vict. c. 96 s. 106.] * First offenders. [ib. s. 108.] [cf. No. 4 of 1875 s. 12.] + Summary conviction to cause. 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 Magistrate, to be dealt with accord. ing to law. 93. Every sum of money which is ordered to be paid 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 : Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a penalty. [s. 94, rep. No. 50 of 1911.] 95. Where any person is summarily convicted of any offence against this Ordinance, and it is a first conviction, the Magistrate may discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the Magistrate. 96. In case any person convicted of any offence punishable on bar any other summary conviction by virtue of this Ordinance pays the sum or- proceeding dered to be paid, together with costs, under such conviction, or for the same receives a remission thereof from the Crown or from the Governor, or suffers the imprisonment awarded for non-payment thereof or the imprisonment ordered in the first instance, or is discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause. [s. 97, rep. No. 31 of 1911.] fib. s. 109.1 [cf. No. 4 of 1875 s. 12.] * Evidence of good char- Miscellaneous provisions. 98. Where any person is charged on an indictment with any acter on trial offence punishable under this Ordinance and committed after a for second or previous conviction for any felony, misdemeanor, or offence punish- subsequent offence. Tib. s. 116.1 [ef. No. 4 of * As amended by No. 50 of 1911 and No. 51 of 1911. As amended by No. 50 of 1911 and No. 21 of 1912. As amended by No. 50 of 1911. abl offe be evic befo con inqu 10 misc addi Ordi reco peac (2 the ance addit (3. ૪. find. To 1. ! 2. 1 churcl shall b and, i 3. I dwellin and sh age of 1875 s. 12.] § Page 30Page 31
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118

No. 5 of 1865.

LARCENY.

Application of forfeiture

or penalty

on summary conviction.

[24 & 25 Vict. c. 96 s. 106.]

*

First offenders. [ib. s. 108.] [cf. No. 4 of 1875 s. 12.]

+

Summary conviction to

cause.

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 Magistrate, to be dealt with accord. ing to law.

93. Every sum of money which is ordered to be paid 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 : Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a penalty.

[s. 94, rep. No. 50 of 1911.]

95. Where any person is summarily convicted of any offence against this Ordinance, and it is a first conviction, the Magistrate may discharge the offender from his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as may be ascertained by the Magistrate.

96. In case any person convicted of any offence punishable on bar any other summary conviction by virtue of this Ordinance pays the sum or- proceeding dered to be paid, together with costs, under such conviction, or for the same

receives a remission thereof from the Crown or from the Governor, or suffers the imprisonment awarded for non-payment thereof or the imprisonment ordered in the first instance, or is discharged from his conviction by any Magistrate as aforesaid, he shall be released from all further or other proceedings for the same cause.

[s. 97, rep. No. 31 of 1911.]

fib. s. 109.1 [cf. No. 4 of 1875 s. 12.]

*

Evidence of good char-

Miscellaneous provisions.

98. Where any person is charged on an indictment with any acter on trial offence punishable under this Ordinance and committed after a for second or previous conviction for any felony, misdemeanor, or offence punish- subsequent

offence.

Tib. s. 116.1

[ef. No. 4 of

* As amended by No. 50 of 1911 and No. 51 of 1911. As amended by No. 50 of 1911 and No. 21 of 1912. As amended by No. 50 of 1911.

abl

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1875 s. 12.]

§

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