1950_INTERPRETATION_ORDINANCE — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

Interpretation.

Penalty enactment or at end of part, effect thereof.

33. Whenever any penalty appears at the end of enactment or part thereof the same shall be deemed to prescribe that any contravention of such enactment or part shall constitute an offence punishable by a penalty not exceeding the penalty so appearing.

[32 Schedule.]

Offences to be punishable upon summary conviction except in certain cases.

34. A provision in an enactment which constitutes or results in the constitution of an offence shall, unless such offence is declared to be treason, felony or misdemeanor or the words "upon indictment" appear, be deemed to include a provision that such offence shall be punishable upon summary conviction.

[32A]

35. Whenever an offence is declared by any enactment to be a misdemeanor and no punishment is provided therefor and whenever no provision has been made by any enactment for the punishment of a common law misdemeanor the punishment for such misdemeanor shall be imprisonment for three years and a fine of five thousand dollars.

[33]

Punishment of misdemeanor where not otherwise specified.

36. Whenever in or by virtue of any enactment more than one penalty is prescribed for an offence the use of the word “and” shall signify that the penalties may be inflicted alternatively or cumulatively.

[34]

37. Any fine or penalty imposed by or under the authority of any enactment shall be paid into the general revenue of the Colony: Provided that the Governor may direct the payment to any aggrieved person, or to any person whose information or evidence has led to the conviction of the offender or to the recovery of the fine or penalty, of such proportion of the fine or penalty as he may think fit.

[35 Schedule.]

Disposal of fines and forfeits.

38. (1) Where under any enactment any animal or thing is adjudged by any court or other authority to be forfeited, it shall be forfeited to the Crown, and the net proceeds thereof, if it is ordered by competent authority to be sold, shall be paid into the general revenue of the Colony.

(2) Nothing in this section shall affect any provision in any enactment whereby any portion of any fine or forfeit

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for paragraphs. Minor corrections were made to adhere to the formatting guidelines: - "an" was removed as it seemed out of context and not part of the main text. - "À" was corrected to "A" in section 34 to fix the OCR error. - "there for" was corrected to "therefor" in section 35 to fix the OCR error. - The rest of the text was reformatted into HTML using

tags for paragraphs.

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Interpretation. Penalty enactment or at end of part, effect thereof. 33. Whenever any penalty appears at the end of enactment or part thereof the same shall be deemed to prescribe that any contravention of such enactment or part shall constitute an offence punishable by a penalty not exceeding the penalty so appearing. [32 Schedule.] Offences to be punishable upon summary conviction except in certain cases. 34. A provision in an enactment which constitutes or results in the constitution of an offence shall, unless such offence is declared to be treason, felony or misdemeanor or the words "upon indictment" appear, be deemed to include a provision that such offence shall be punishable upon summary conviction. [32A] 35. Whenever an offence is declared by any enactment to be a misdemeanor and no punishment is provided therefor and whenever no provision has been made by any enactment for the punishment of a common law misdemeanor the punishment for such misdemeanor shall be imprisonment for three years and a fine of five thousand dollars. [33] Punishment of misdemeanor where not otherwise specified. 36. Whenever in or by virtue of any enactment more than one penalty is prescribed for an offence the use of the word “and” shall signify that the penalties may be inflicted alternatively or cumulatively. [34] 37. Any fine or penalty imposed by or under the authority of any enactment shall be paid into the general revenue of the Colony: Provided that the Governor may direct the payment to any aggrieved person, or to any person whose information or evidence has led to the conviction of the offender or to the recovery of the fine or penalty, of such proportion of the fine or penalty as he may think fit. [35 Schedule.] Disposal of fines and forfeits. 38. (1) Where under any enactment any animal or thing is adjudged by any court or other authority to be forfeited, it shall be forfeited to the Crown, and the net proceeds thereof, if it is ordered by competent authority to be sold, shall be paid into the general revenue of the Colony. (2) Nothing in this section shall affect any provision in any enactment whereby any portion of any fine or forfeit Page 119 Page 119 has been replaced with the above HTML response as per the instruction to output only HTML using for paragraphs. Minor corrections were made to adhere to the formatting guidelines: - "an" was removed as it seemed out of context and not part of the main text. - "À" was corrected to "A" in section 34 to fix the OCR error. - "there for" was corrected to "therefor" in section 35 to fix the OCR error. - The rest of the text was reformatted into HTML using tags for paragraphs.
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! Interpretation. an [CAP. 1 Penalty enactment or at end of part, effect thereof. 33. Whenever any penalty appears at the end of enactment or part thereof the same shall be deemed to prescribe that any contravention of such enactment or part shall constitute an offence punishable by a penalty not 37 of 1950, exceeding the penalty so appearing. [32 Schedule. Offences to be punishable upon summary conviction except in 34. À provision in an enactment which constitutes or results in the constitution of an offence shall, unless such offence is declared to be treason, felony or misdemeanor or the words "upon indictment" appear, be deemed to include a provision that such offence shall be punishable Schedule. upon summary conviction. [32A 35. Whenever an offence is declared by any enactment to be a misdemeanor and no punishment is provided there for and whenever no provision has been made by any enactment for the punishment of a common law mis- demeanor the punishment for such misdemeanor shall be imprisonment for three years and a fine of five thousand dollars. [33 certain cases. 37 of 1950, Punishment of where not otherwise misdemeanor punishment specified. penalties may 36. Whenever in or by virtue of any enactment more Certain than one penalty is prescribed for an offence the use of the be cumulative. word “and” shall signify that the penalties may be inflicted 28 of 1950, alternatively or cumulatively. [34 37. Any fine or penalty imposed by or under the authority of any enactment shall be paid into the general revenue of the Colony: Provided that the Governor may direct the payment to any aggrieved person, or to any person whose information or evidence has led to the con- viction of the offender or to the recovery of the fine or penalty, of such proportion of the fine or penalty as he may think fit. [35 Schedule. Disposal of penalties. fines and forfeits. 38. (1) Where under any enactment any animal or Disposal of thing is adjudged by any court or other authority to be forfeited, it shall be forfeited to the Crown, and the net proceeds thereof, if it is ordered by competent 'authority to be sold, shall be paid into the general revenue of the Colony. (2) Nothing in this section shall affect any provision in any enactment whereby any portion of any fine or forfeit 119
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!

Interpretation.

an

[CAP. 1

Penalty enactment or

at end of

part, effect

thereof.

33. Whenever any penalty appears at the end of enactment or part thereof the same shall be deemed to prescribe that any contravention of such enactment or part shall constitute an offence punishable by a penalty not 37 of 1950, exceeding the penalty so appearing.

[32

Schedule.

Offences to

be punishable

upon summary

conviction

except in

34. À provision in an enactment which constitutes or results in the constitution of an offence shall, unless such offence is declared to be treason, felony or misdemeanor or the words "upon indictment" appear, be deemed to include a provision that such offence shall be punishable Schedule. upon summary conviction.

[32A

35. Whenever an offence is declared by any enactment to be a misdemeanor and no punishment is provided there for and whenever no provision has been made by any enactment for the punishment of a common law mis- demeanor the punishment for such misdemeanor shall be imprisonment for three years and a fine of five thousand dollars.

[33

certain cases.

37 of 1950,

Punishment of where not otherwise

misdemeanor

punishment

specified.

penalties may

36. Whenever in or by virtue of any enactment more Certain than one penalty is prescribed for an offence the use of the be cumulative. word “and” shall signify that the penalties may be inflicted 28 of 1950, alternatively or cumulatively.

[34

37. Any fine or penalty imposed by or under the authority of any enactment shall be paid into the general revenue of the Colony: Provided that the Governor may direct the payment to any aggrieved person, or to any person whose information or evidence has led to the con- viction of the offender or to the recovery of the fine or penalty, of such proportion of the fine or penalty as he may think fit.

[35

Schedule.

Disposal of penalties.

fines and

forfeits.

38. (1) Where under any enactment any animal or Disposal of thing is adjudged by any court or other authority to be forfeited, it shall be forfeited to the Crown, and the net proceeds thereof, if it is ordered by competent 'authority to be sold, shall be paid into the general revenue of the Colony.

(2) Nothing in this section shall affect any provision in any enactment whereby any portion of any fine or forfeit

119

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