1923_SUMMARY_OFFENCES_ORDINANCE__1845 — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed

SUMMARY OFFENCES

No. 1 of 1845.

35

his refusal to do so, it shall be lawful for such constable, if he deems it prudent, to discharge from custody the person so charged upon his own recognizance with or without sureties, conditioned as hereinafter mentioned.

35. Every recognizance so taken shall be without fee or reward, and shall be conditioned for the appearance of the person thereby bound before a magistrate of the district in which the police station is situated, at his next sitting, and the time and place of appearing shall be specified in the recognizance; and the constable shall enter in a book, to be kept for that purpose at every police station, the name, residence, and occupation of the party and his surety, if any, entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the magistrate present at the time and place when and where the party is bound to appear.

Possession of stolen goods.

suspected of stolen property.

36. Every person who is brought before any magistrate charged with having in his possession or conveying in any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained, and who does not give an account, to the satisfaction of the magistrate, how he came by the same, shall be deemed guilty of a misdemeanor, and shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

37. If information is given upon oath to any magistrate or justice of the peace that there is reasonable cause for suspecting that any thing stolen or unlawfully obtained is concealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any police constable, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may empower such constable, with such assistance as may be found necessary (such constable having previously made known his authority), to use force for effecting such entry, whether by breaking open doors or otherwise;

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* As amended by No. 6 of 1918.

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SUMMARY OFFENCES No. 1 of 1845. 35 his refusal to do so, it shall be lawful for such constable, if he deems it prudent, to discharge from custody the person so charged upon his own recognizance with or without sureties, conditioned as hereinafter mentioned. 35. Every recognizance so taken shall be without fee or reward, and shall be conditioned for the appearance of the person thereby bound before a magistrate of the district in which the police station is situated, at his next sitting, and the time and place of appearing shall be specified in the recognizance; and the constable shall enter in a book, to be kept for that purpose at every police station, the name, residence, and occupation of the party and his surety, if any, entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the magistrate present at the time and place when and where the party is bound to appear. Possession of stolen goods. suspected of stolen property. 36. Every person who is brought before any magistrate charged with having in his possession or conveying in any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained, and who does not give an account, to the satisfaction of the magistrate, how he came by the same, shall be deemed guilty of a misdemeanor, and shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months. 37. If information is given upon oath to any magistrate or justice of the peace that there is reasonable cause for suspecting that any thing stolen or unlawfully obtained is concealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any police constable, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may empower such constable, with such assistance as may be found necessary (such constable having previously made known his authority), to use force for effecting such entry, whether by breaking open doors or otherwise; 7* As amended by No. 6 of 1918. Page 15 Page 16
Baseline (Original)
SUMMARY OFFENCES No. 1 of 1845. 35 his refusal to do so, it shall be lawful for such constable, if he deems it prudent, to discharge from custody the person so charged upon his own recognizance with or without sureties, conditioned as hereinafter mentioned. 35. Every recognizance so taken shall be without fee or Condition of reward, and shall be conditioned for the appearance of a recognizance, person thereby bound before a magistrate of the district in which the police station is situated, at his next sitting, and the time and place of appearing shall be specified in the recognizance; and the constable shall enter in a book, to be kept for that purpose at every police station, the name, residence, and occupation of the party and his surety, if any, entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the magistrate present at the time and place when and where the party is bound to appear. Possession of stolen goods. suspected of stolen pro- perty. 36. Every person who is brought before any magistrate Persons charged with having in his possession or conveying in any having or manner anything which may be reasonably suspected of conveying having been stolen or unlawfully obtained, and who does not give an account, to the satisfaction of the magistrate, how he came by the same, shall be deemed guilty of a misdemeanor, and shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months. : * obtained. 37. If information is given upon oath to any magistrate Search war- or justice of the peace that there is reasonable cause for rant for thing stolen suspecting that any thing stolen or unlawfully obtained is or unlawfully concealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any police constable, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may empower such constable, with such assistance as may be found necessary (such constable having previously made known such his authority), to use force for effecting such entry, whether by breaking open doors or otherwise; 7 * As amended by No. 6 of 1918. Page 15Page 16
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SUMMARY OFFENCES

No. 1 of 1845.

35

his refusal to do so, it shall be lawful for such constable, if he deems it prudent, to discharge from custody the person so charged upon his own recognizance with or without sureties, conditioned as hereinafter mentioned.

35. Every recognizance so taken shall be without fee or Condition of reward, and shall be conditioned for the appearance of a recognizance, person thereby bound before a magistrate of the district in which the police station is situated, at his next sitting, and the time and place of appearing shall be specified in the recognizance; and the constable shall enter in a book, to be kept for that purpose at every police station, the name, residence, and occupation of the party and his surety, if any, entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the magistrate present at the time and place when and where the party is bound to appear.

Possession of stolen goods.

suspected of

stolen pro-

perty.

36. Every person who is brought before any magistrate Persons charged with having in his possession or conveying in any having or manner anything which may be reasonably suspected of conveying having been stolen or unlawfully obtained, and who does not give an account, to the satisfaction of the magistrate, how he came by the same, shall be deemed guilty of a misdemeanor, and shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

:

*

obtained.

37. If information is given upon oath to any magistrate Search war- or justice of the peace that there is reasonable cause for

rant for thing stolen suspecting that any thing stolen or unlawfully obtained is or unlawfully concealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any police constable, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may empower such constable, with such assistance as may be found necessary (such constable having previously made known such his authority), to use force for effecting such entry, whether by breaking open doors or otherwise;

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* As amended by No. 6 of 1918.

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