1964_MAGISTRATES_ORDINANCE — Page 38

1988 Ed.]

Magistrates

[CAP. 227

37

Commitment for disobedience of order to do some act, etc., not being payment of money

56. (1) Where a conviction does not order the payment of any fine but that the defendant be imprisoned, or where an order is not for the payment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the police officer to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Commissioner of Correctional Services, and requiring the said Commissioner to receive the defendant and to imprison him for such time as the Ordinance or statute on which the conviction or order is founded as aforesaid directs. (Amended, 30 of 1958, Schedule) (See Forms 66, 68)

(2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also committed to prison there to be kept for one month to commence at the termination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the distress shall be sooner paid. (Amended, 30 of 1958, Schedule) (See Forms 50, 51, 69)

Consecutive sentences of imprisonment

[cf. U.K. 1848 c. 43, s. 24]

57. Where a term of imprisonment is imposed by a magistrate, either in the first instance or in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, the magistrate may order that the said term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court:

Provided that where 2 or more terms of imprisonment imposed by a magistrate are ordered to run consecutively the aggregate of the said terms of imprisonment shall not, in the case of a special magistrate, exceed 12 months and in the case of a permanent magistrate exceed 3 years. Nothing in the foregoing proviso shall be deemed to affect the provisions of section 44.

(Replaced, 24 of 1949, s. 18. Amended, 48 of 1949, s. 7)

On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged

58. Where any person against whom a warrant of distress issues as aforesaid pays or tenders to the police officer or other officer having the execution of the same the sum mentioned in the warrant, together with the amount of the expenses of the distress up to the time of such payment or tender, such police officer or other officer shall cease to execute the same; and where any person is imprisoned as aforesaid for non-payment of any fine or other sum he may pay or cause to be paid to the Commissioner of Correctional Services the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the said Commissioner shall receive the same, and shall thereupon discharge such person if he is in his custody for no other matter. [cf. U.K. 1848 c. 43, s. 28]

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