the-ordinances-of-the-legislative-counci-1890 — Page 541

ORDINANCES Nos. 6 AND 7 OF 1862 . 505


Chief Magistrate & Assistant Magistrate- Abolition. Court of Summary Jurisdiction.

12. Section 41 of Ordinance No. 14 of 1845 is hereby repealed, and in every case Imprisonment
for non-payment
of fines.
of the adjudication of a pecuniary penalty or amends under the same Ordinance and
non-payment thereof, it shall be lawful for the Magistrate to cause the offender to be
imprisoned for any term not exceeding three calendar months, [ " with or without hard
labour" as amended by Ordinance No. 9 of 1867 ] such imprisonment to cease on payment
of the sum remaining unpaid.

13. The Marine Magistrate shall have the power of a Police Magistrate to hear Marine Magis
trate or two
and decide all cases of assault, and assault and battery unaccompanied by an intent Justices of the
Peace to have
power of one
to commit felony, and any two Justices of the Peace of this Colony sitting together Police Magis
trate.
shall have power to do any act or acts that a Police Magistrate is by this Ordinance
authorized and empowered to do.

14. This Ordinance shall not come into operation until Proclamation be made to Suspending
clause.
that effect by command of His Excellency the Governor, and published in the Hongkong
Government Gazette.


[In force by Proclamation 7th July, 1862, and from same date : Repealed by
Ordinance No. 16 of 1875. ]




No. 7 of 1862.

An Ordinance to establish a Court of Summary Jurisdiction , and to Title. [See Ord,
No. 1 of 1871.]
authorize the appointment of a Judge thereof.

[ 22nd March, 1862. ]
HEREAS the business of the Supreme Court of Hongkong has of late greatly Preamble.
W increased, and it is necessary to relieve the Chief Justice from some of his

judicial duties, and otherwise to afford to him aid in the administration of justice :
And whereas the business of the Police Courts has also greatly increased, and it is
desirable to relieve such Courts of all proceedings of a civil nature : And whereas for
the purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the
Court of Summary Jurisdiction : Be it therefore enacted by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof, as
follows :

1. Ordinance No. 9 of 1845 , No. 3 of 1849 , No. 5 of 1854, and No. 10 of 1857 are Ordinances No. 9
of 1845, No. 3 of
hereby repealed . 1849, No. 5 of
1854 and No. 10
of 1857, repealed.
2. A Court, for the trial and decision of causes in a summary manner by the Court of Sum
mary Jurisdic
Judge thereof, shall be and is hereby constituted, which Court shall be called the Court tion constituted.
of Summary Jurisdiction , and the said Court shall be a Court of Record .

3. The jurisdiction of the Supreme Court in its Summary Jurisdiction shall cease Summary Juris
diction of Sup
reme Court
and determine, and the same is hereby transferred to the said Court of Summary transferred.
Jurisdiction hereby constituted.