the-ordinances-of-the-legislative-counci-1890 — Page 539

ORDINANCE No. 6 OF 1862 . 503


Chief Magistrate and Assistant Magistrate - Abolition .


No. 6 of 1862 .


An Ordinance to abolish the Offices of Chief Magistrate and Assistant Title.

Magistrate, and to appoint and define the Duties of Two Police

Magistrates.

[ 22nd March, 1862. ]

HEREAS it is advisable that the offices of Chief Magistrate and Assistant Preamble.
W Magistrate should be abolished , and that two Police Magistrates should be
appointed in their stead with such jurisdiction and powers as are hereinafter ex
pressed : -Be it therefore enacted by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows :

1. The offices of Chief Magistrate and Assistant Magistrate are hereby abolished. Offices of Chief
and Assistant
Magistrates
abolished.
2. Two Police Magistrates shall be appointed from time to time, and they or Two Police
Magistrates
either of them shall have and exercise such and the like powers as by any Ordinance of appointed.
this Colony were prior to this Ordinance vested in the Chief Magistrate and Assistant
Magistrate respectively, except so far as such powers are varied or amended or abrogated
by this Ordinance ; and every Police Magistrate shall by virtue of his office be a Justice
of the Peace .


3. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is hereby Ordinance No. 1
of 1849 repealed,
repealed, except so far as the same repeals Ordinance No. 6 of 1847. except so far as
it repeals No. 6
of 1847.
4. Each of the said Police Magistrates shall have power to hear, try and deter Crimes and
offences triable
under this
mine in a summary manner any crime, misdemeanour or offence, the punishment for Ordinance.
the commission of which is or may be imprisonment, fine, and whipping, or any or
either of such punishments : Provided always that in case it shall appear to the Police Proviso reserving
power to commit
Magistrate at the hearing that any such offence ought to be visited with a heavier to Supreme
Court.
punishment than this Ordinance authorizes, it shall be lawful for him to commit the
offender or offenders for trial in the Supreme Court.


5. It shall be competent for a Magistrate to award, as punishment for any crime Limit of
punishment by
or offence, imprisonment in any gaol of this Colony for any period not exceeding six Magistrate.
calendar months, with or without hard labour ; or any fine not exceeding fifty dollars ;
or both fine and imprisonment not exceeding these limits; and it shall be lawful for the
Magistrate to direct any portion of such imprisonment not exceeding one month to be
solitary, but so that such solitary imprisonment shall not exceed fourteen consecutive
days : And further, that when any male offender shall be convicted under this Ordi
nance of any felony, or misdemeanour after having been previously convicted of felony
or misdemeanour, it shall be lawful for the Magistrate to direct that, in addition to any
other punishment to which he may be sentenced, such offender shall be once or twice Corporal
punishment in
publicly or privately whipped. [ Repealed by Ordinance No. 1 of 1863. ] addition.