1989 Ed.]
Interpretation and General Clauses
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(a) that such offence shall be punishable upon conviction by a
penalty not exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any law against excessive or unreasonable fines or assessments, be punishable by a fine of any amount.
87. Statement of penalty at end of section
Where in any Ordinance a penalty is set out at the foot of any section or part thereof the same shall mean that any contravention of that section or part shall be an offence under such Ordinance punishable upon conviction by a penalty not exceeding the penalty so set out.
88. Certain penalties may be cumulative
Where in any Ordinance more than one penalty is prescribed for an offence, the use of the word "and" shall mean that the penalties may be inflicted alternatively or cumulatively.
88A. Power to increase fines
(1) The Legislative Council may, by resolution, amend any Ordinance so as to increase the amount of any fine specified in that Ordinance.
(2) A resolution under this section may contain such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of giving full effect to the resolution.
(Added 23 of 1981 s. 3)
89. Trial of offences
(1) Where any provision in any Ordinance creates, or results in the creation of, an offence, the offence shall be triable summarily only, unless-
(a) the offence is declared to be treason, felony or misdemeanor;
(b) the words "upon indictment" appear; (Amended L.N. 54 of 1989)
(c) the offence is declared to be a "misdemeanor triable summarily";
or
(d) the offence is transferred to the District Court in accordance with Part IV of the Magistrates Ordinance (Cap.227). (Added 16 of 1970 Schedule)
(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and-
(a) the offence is declared to be treason, felony or misdemeanor; or
1989 Ed.]
Interpretation and General Clauses
[CAP. 1
41
(a) that such offence shall be punishable upon conviction by a
penalty not exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any law against excessive or unreasonable fines or assessments, be punishable by a fine of any amount.
87. Statement of penalty at end of section
Where in any Ordinance a penalty is set out at the foot of any section or part thereof the same shall mean that any contravention of that section or part shall be an offence under such Ordinance punishable upon conviction by a penalty not exceeding the penalty so set out.
88. Certain penalties may be cumulative
Where in any Ordinance more than one penalty is prescribed for an offence, the use of the word "and" shall mean that the penalties may be inflicted alternatively or cumulatively.
88A. Power to increase fines
(1) The Legislative Council may, by resolution, amend any Ordinance so as to increase the amount of any fine specified in that Ordinance.
(2) A resolution under this section may contain such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of giving full effect to the resolution.
(Added 23 of 1981 s. 3)
89. Trial of offences
(1) Where any provision in any Ordinance creates, or results in the creation of, an offence, the offence shall be triable summarily only, unless- (a) the offence is declared to be treason, felony or misdemeanor;
(b) the words "upon indictment" appear; (Amended L.N. 54 of
1989)
(c) the offence is declared to be a "misdemeanor triable summarily”;
or
(d) the offence is transferred to the District Court in accordance with
Part IV of the Magistrates Ordinance (Cap. 227). (Added 16 of 1970 Schedule)
(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and-
(a) the offence is declared to be treason, felony or misdemeanor; or
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