62
CAP. 227]
Magistrates
[1988 Ed.
Special powers for summary trial of certain indictable offences
94. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 42 and 43 of the Offences against the Person Ordinance (Cap. 212) it shall be lawful for a special magistrate to hear the case and convict the accused summarily and to sentence him to imprisonment for one year or to commit the accused for trial before the court.
(Replaced, 24 of 1949, s. 30)
Consent of prosecutor to be obtained
94A. Notwithstanding anything contained in section 91, 92 or 94, an indictable offence shall not be dealt with summarily, unless the consent of the prosecutor has been obtained.
PART VI
SPECIAL POWERS
Miscellaneous
(Added, 49 of 1965, s. 19)
95. [Repealed, 13 of 1970, s. 6]
Supplementary powers over persons under 16
96. Where a person apparently under the age of 16 years is convicted of any offence, the magistrate may, in addition to or in lieu of any other punishment for such offence, order the offender-
(a) to be discharged after due admonition; or
(b) to be delivered to his parent, guardian or nearest adult relative or, if the offender is an apprentice or servant, to his master or mistress or, if the offender is a pupil, to the person in charge of the school at which the offender is attending, on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond, with or without sureties, that he will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding 12 months.
(Replaced, 13 of 1970, s. 6)
Power to fine in all cases
97. When a magistrate has authority under any enactment to impose imprisonment for an offence, and has not authority to impose a fine for that offence, a magistrate may notwithstanding, if he thinks that the justice of the case will be better met by a fine than by imprisonment, impose a fine of $10,000:
(Amended, 24 of 1949, s. 32 and 51 of 1981, s. 8)
Provided that the magistrate shall not impose on the offender, in default of payment of the fine, any greater term of imprisonment than that to which
)
(
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62
CAP. 227]
Magistrates
[1988 Ed.
Special powers for summary trial of certain indictable offences
94. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 42 and 43 of the Offences against the Person Ordinance (Cap. 212) it shall be lawful for a special magistrate to hear the case and convict the accused summarily and to sentence him to imprisonment for one year or to commit the accused for trial before the
court.
(Replaced, 24 of 1949, s. 30)
Consent of prosecutor to be obtained
94A. Notwithstanding anything contained in section 91, 92 or 94, an indictable offence shall not be dealt with summarily, unless the consent of the prosecutor has been obtained.
PART VI
SPECIAL POWERS
Miscellaneous
(Added, 49 of 1965, s. 19)
95. [Repealed, 13 of 1970, s. 6]
Supplementary powers over persons under 16
96. Where a person apparently under the age of 16 years is convicted of any offence, the magistrate may, in addition to or in lieu of any other punishment for such offence, order the offender-
(a) to be discharged after due admonition; or
(b) to be delivered to his parent, guardian or nearest adult relative or, if the offender is an apprentice or servant, to his master or mistress or, if the offender is a pupil, to the person in charge of the school at which the offender is attending, on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond, with or without sureties, that he will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding 12 months.
(Replaced, 13 of 1970, s. 6)
Power to fine in all cases
97. When a magistrate has authority under any enactment to impose imprisonment for an offence, and has not authority to impose a fine for that offence, a magistrate may notwithstanding, if he thinks that the justice of the case will be better met by a fine than by imprisonment, impose a fine of $10,000: (Amended, 24 of 1949, s. 32 and 51 of 1981, s. 8)
Provided that the magistrate shall not impose on the offender, in default of payment of the fine, any greater term of imprisonment than that to which
)
(
()
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