the-ordinances-of-the-legislative-counci-1890 — Page 261

ORDINANCE No. 6 OF 1847. 225


Magistrates- Summary Jurisdiction.


No. 6 of 1847.

An Ordinance for extending the Summary Jurisdiction of Police Magis Title.

trates and Justices of the Peace within the Colony of Hongkong.

[ 9th September, 1847. ]

THEREAS it is desirable to extend the jurisdiction of the Magistrates of the Preamble.
W Colony of Hongkong, with a view to diminish the number of prisoners from
time to time in jail, and to lessen the expense attending the detention of Crown
witnesses :


1. Be it therefore enacted and ordained by His Excellency the Governor with the Certain criminal
cases to be tried
advice of the Legislative Council of Hongkong, that from and after the passing of this and determined
by one or more
Ordinance, whenever, on the investigation of any criminal charge, it shall appear to Magistrates.

any Magistrate or Justice of the Peace that the ends of justice would be answered by
the infliction of a fine not to exceed in any case the sum of fifty pounds, and imprison Punishments.
ment not to exceed three calendar months, with or without hard labour, or solitary
confinement not exceeding one month at a time, or in the case of Chinese by one, two,
or three public or private whippings, in addition to or in lieu of the punishments
aforesaid, or those authorized by Ordinance No. 10 of 1844, intituled, " An Ordinance
to regulate Summary Proceedings before Justices of the Peace, and to protect Justices
in the execution of their office ;" it shall and may be lawful for the said Magistrate, if
he should think fit, to call to his assistance one or more other Magistrates or Justices
of the Peace of the said Colony, and shall by himself or in conjunction with the said
other Magistrate or Justice of the Peace try and determine the case in a summary
manner, provided it be one over which the Magistrates sitting in a Court of General or
Quarter Sessions in England have now jurisdiction.

2. And be it further enacted and ordained, that if any pecuniary fine or penalty In default of pay
ment fines,
imposed by this or by any other ordinance now in force in the Colony of Hongkong parties convicted
to be imprisoned
for three months,
and its dependencies, shall not be paid on conviction , the said Magistrate or Magistrates, or until payment ,
if sooner made,
Justice or Justices, shall commit the person convicted to the jail or public prison, there &c.
to be kept at hard labour for any time not to exceed three months, as the said
Magistrates or Justices shall think fit to direct, unless such pecuniary fine or penalty
shall be sooner paid ; or the said Magistrate or Magistrates, or Justice or Justices,
may send the person convicted to the jail or public prison, there to remain for three
days, exclusive of the day of commitment, with an order that within the said time the
person so convicted shall be once or twice publicly whipped at the market or other
public place.

3. And be it further enacted and ordained, that every person making use of any Persons using
insulting expres
insulting or indecent expression in Chinese or in any other language before the said sions before the
Magistrate, to be
Magistrates or Justices shall be liable to a fine not exceeding ten pounds, and in default fined, &c.
of payment shall be punished under the second section of this Ordinance.