1964_CRIMES_ORDINANCE — Page 28

1984 Ed.]

Crimes

[CAP. 200

57. In addition and without prejudice to any powers that a court or magistrate may possess to order the exclusion of the public from any proceedings if, in the course of proceedings, including proceedings on appeal, before a court or magistrate in respect of an offence under this Part, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the public safety, that all or any portion of the public shall be excluded during any part of the hearing, the court or magistrate may make an order to that effect, but the passing of sentence shall in any case take place in public.

(1 of 1966, s. 3, incorporated)

58. This Part shall not exempt any person from any indictment or proceeding for any offence which is punishable at common law or by Ordinance other than this Part, but no person shall be punished twice for the same criminal act.

(23 of 1913, s. 7, incorporated)

Exclusion of

public during hearing of proceedings for

offence under this Part.

27

[cf. 1920 c. 75, s. 8(4).)

Provisions of this Part not to exempt from proceedings under other provisions of laws. 1883 c. 3. s. 744).

PART VIII

CRIMINAL DAMAGE TO PROPERTY

59. (1) In this Part, "property" means property of a tangible Interpretation. nature, whether real or personal, including money and-

(a) including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession; but

(b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.

In this subsection, “mushroom" includes any fungus and "plant" includes any shrub or tree.

(2) Property shall be treated for the purposes of this Part as belonging to any person-

(a) having the custody or control of it;

(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or

(c) having a charge on it.

(3) Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust.

1971 c. 48, s. 10.