the-ordinances-of-the-legislative-counci-1890 — Page 270

234 ORDINANCE No. 1 OF 1849 .


Petty Sessions Court.


months : Provided always, that when, from its involving a difficult point of law, or
from any other cause whatever, the said Court or Magistrate may think proper to
refer for trial to the Supreme Court, any case over which the said Court of Petty
Sessions or Magistrate may have jurisdiction and cognizance under this section , it or he
may do so. And be it further declared, that nothing herein contained shall be deemed
to abridge the summary jurisdiction of the Supreme Court, or to prevent or impede any
suitor from proceeding thereunder for wages, or any other debt or damages on this
section above mentioned , if desirous so to do.
Contempt 11. And be it further enacted and ordained, that if any person shall use any
towards
Magistrates in insulting expression in Chinese or any other language towards a Magistrate or Justice
the discharge of
their duties.
of the Peace acting in the discharge of any magisterial duty, he shall be liable to be
fined by the said Magistrate or Justice of the Peace in an amount not exceeding fifty
dollars, or imprisoned for a term not exceeding two calendar months .
Magistrates to 12. And be it further enacted and ordained, that the said Chief and all other
make weekly
return to the Magistrates shall, and are hereby required to make and transmit to the Colonial
Colonial
Secretary of all
cases tried by Secretary, a weekly return of all cases tried and determined by them during the
them .
preceding week, exhibiting the nature of the offences, and the punishments or fines
awarded.
When charge 13. And be it further enacted and ordained , that if any person be charged before
preferred before
a Magistrate ona a Magistrate on any day when the said Court of Petty Sessions be not sitting, with any
day when the
Court of Petty
Sessions is not offence cognizable by the said Court under this Ordinance, such Magistrate may commit
sitting, he may
discharge, bail, such person so charged to take his trial before the said Court, or may admit to bail
or commit in 1
manner provided, or discharge such person without taking down in writing any part of the examination ;
the prisoner for
trial at the said and it shall be sufficient to state in the warrant of commitment that the prisoner is
Court.
charged with felony or misdemeanour, as the case may be, without further particularizing
the offence .
Certain Chinese 14. And be it further enacted and ordained, that if any native of China, or
offenders may be
deported. Chinese native of any other place than Hongkong, not being a householder or a
permanent resident in the Colony, shall have been convicted of any felony, or shall be
a suspected person apparently frequenting the Colony for felonious purposes, or who
shall be a public beggar therein, it shall be lawful for the said Court of Petty
Sessions, whether before or after thep unishment of such person, to send him in custody
to the nearest Chinese Magistrate residing on the mainland of China, with a request
from any Magistrate of the said Court that the person so sent in custody may be
prevented from returning to the said Colony, and if any person having been so sent
away shall return to the Colony without the premission of a Magistrate thereof, he shall
be subject, on conviction before the said Court, to a term of imprisonment not exceeding
six calendar months, with or without hard labour, or whipping, and to be again sent
in custody to the mainland of China, as is above provided .
Power to the 15. And be it further enacted and ordained, that whenever any person has
Court to estreat
recognizances heretofore entered or shall hereafter enter into any recognizance or Crown bond before
under certain
circumstances.
any Justice of the Peace, or any officer of Police, and that such bond or recognizance