1923_MAGISTRATES_ORDINANCE__1890 — Page 44

HK Historical Laws 香港歷史法例 All AI Reviewed

MAGISTRATES.

No. 3 of 1890.

485

(b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and

(c) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 57.

Ordinance No. 1 of 1845.

91. Whenever a magistrate awards a pecuniary penalty or imprisonment for any offence under the Summary Offences Ordinance, 1845, and the same is not paid forthwith, the magistrate may commit the offender to prison, with or without hard labour, in accordance with the scale in section 57.

92. Whenever any person is found by the police hawking without a licence, or committing any offence against any Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall thereupon have power on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or in substitution for any other fine or punishment which he may by law impose.

93. (1) Whenever any offender is convicted of being drunk in any public road, street, or other public place, whether a building or not, or on any premises licensed under any Ordinance relating to spirit licences, a magistrate may sentence him to a fine not exceeding five dollars, and, on a second conviction for a similar offence within a period of twelve months, to a fine not exceeding ten dollars, and, on a third or subsequent conviction within such period of twelve months, to a fine not exceeding fifteen dollars.

(2) Whenever any offender is convicted of riotous or disorderly behaviour, while drunk, in any public road, street, or other public place, whether a building or not, or of being drunk while in charge of any carriage, chair, vehicle, horse,

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MAGISTRATES. No. 3 of 1890. 485 (b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and (c) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 57. Ordinance No. 1 of 1845. 91. Whenever a magistrate awards a pecuniary penalty or imprisonment for any offence under the Summary Offences Ordinance, 1845, and the same is not paid forthwith, the magistrate may commit the offender to prison, with or without hard labour, in accordance with the scale in section 57. 92. Whenever any person is found by the police hawking without a licence, or committing any offence against any Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall thereupon have power on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or in substitution for any other fine or punishment which he may by law impose. 93. (1) Whenever any offender is convicted of being drunk in any public road, street, or other public place, whether a building or not, or on any premises licensed under any Ordinance relating to spirit licences, a magistrate may sentence him to a fine not exceeding five dollars, and, on a second conviction for a similar offence within a period of twelve months, to a fine not exceeding ten dollars, and, on a third or subsequent conviction within such period of twelve months, to a fine not exceeding fifteen dollars. (2) Whenever any offender is convicted of riotous or disorderly behaviour, while drunk, in any public road, street, or other public place, whether a building or not, or of being drunk while in charge of any carriage, chair, vehicle, horse,
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MAGISTRATES. No. 3 of 1890. 485 (b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to con- stitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and (c) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 57. ment of fine Ordinance 91. Whenever a magistrate awards a pecuniary penalty prisonment or amends for any offence under the Summary Offences for non-pay- Ordinance, 1845, and the same is not paid forthwith, the under magistrate may commit the offender to prison, with or without No. 1 of 1845. hard labour, in accordance with the scale in section 57. articles in 92. Whenever any person is found by the police hawking Forfeiture of without a licence, or committing any offence against any certain cases. Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall there- upon have power on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or substitution/for any other fine or punishment which he may by law impose. drunk, etc., place. 93. (1) Whenever any offender is convicted of being Penalty on found drunk in any public road; street, or other public place, person found whether a building or not, or on any premises licensed under in public any Ordinance relating to spirit licences, a magistrate may 35 36 Vict. sentence him to a fine not exceeding five dollars, and, on a c. 94, s. 12. second conviction for a similar offence within a period of twelve months, to a fine not exceeding ten dollars, and, on a third or subsequent conviction within such period of twelve months, to a fine pot exceeding fiftéen dollars. (2) Whenever any offender is convicted of riotous or disorderly behaviour, while drunk, in any public road, street, or other public place, whether a building or not, or of being drunk while in charge of any carriage, chair, vehicle, horse, :
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MAGISTRATES.

No. 3 of 1890.

485

(b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to con- stitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and

(c) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 57.

ment of fine

Ordinance

91. Whenever a magistrate awards a pecuniary penalty prisonment or amends for any offence under the Summary Offences for non-pay- Ordinance, 1845, and the same is not paid forthwith, the under magistrate may commit the offender to prison, with or without No. 1 of 1845. hard labour, in accordance with the scale in section 57.

articles in

92. Whenever any person is found by the police hawking Forfeiture of without a licence, or committing any offence against any certain cases. Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall there- upon have power on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or substitution/for any other fine or punishment which he may by law impose.

drunk, etc.,

place.

93. (1) Whenever any offender is convicted of being Penalty on found drunk in any public road; street, or other public place, person found whether a building or not, or on any premises licensed under in public any Ordinance relating to spirit licences, a magistrate may 35 36 Vict. sentence him to a fine not exceeding five dollars, and, on a c. 94, s. 12. second conviction for a similar offence within a period of twelve months, to a fine not exceeding ten dollars, and, on a third or subsequent conviction within such period of twelve months, to a fine pot exceeding fiftéen dollars.

(2) Whenever any offender is convicted of riotous or disorderly behaviour, while drunk, in any public road, street, or other public place, whether a building or not, or of being drunk while in charge of any carriage, chair, vehicle, horse,

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