the-ordinances-of-the-legislative-counci-1890v2 — Page 622

HK Historical Laws 香港歷史法例 All

1212 [ 10 OF 1890. ] MAGISTRATES .


together. of Ordinance No. 4 of 1865 entitled " An Ordinance to consolidate
[ No. 16 of
1875 , s. 5 No. and amend the enactments in force in this Colony relating to offences
8 of 1889. ] against the person ” it shall be lawful for a Magistrate to hear
the case and convict the accused summarily and to sentence him
to be imprisoned for any term not exceeding one year with or
without hard labour or to commit the accused for trial before
the Court and it shall also be lawful for two Magistrates to sit
together to hear the case and they may if they think fit
summarily convict the accused and sentence him to be imprisoned
for any term not exceeding two years with or without hard
labour, or they may commit the accused for trial before the
Court.
Course where
two Magis 84. If in any case where two Magistrates sit together they
trates are unable to agree in their decision whether the defendant or
disagree.
accused be guilty or not guilty, he shall be committed for trial
before the Court.
Power of 85. Whenever any male offender shall be convicted by a
Magistrates
to impose Magistrate under section 28 of Ordinance No. 7 of 1865 of
whipping. stealing any ornament or other chattel from the person of any
( No. 16 of
1887, s. 2. ] child or woman such Magistrate may in addition tothe punish
ment awarded for such crime direct that such offender be once
or twice privately whipped.
Juvenile
thieves
86. Whenever any male offender, whose age appears to the
bewhipped. Magistrate not to exceed sixteen years, is convicted of larceny,
[ No. 16 of
1875 , s. 8. ] or of any offence which now or at any time hereafter is by law
deemed or declared to be simple larceny or punishable as simple
larceny or any assault occasioning actual bodily harm or any
indecent assault, the convicting Magistrate maysentence him to
be once privately whipped with any number of strokes not
exceeding twelve in lieuof or in addition to any other punish
ment to which such offender is liable.
Amount of 87. Whenever a Magistrate sentences an offender to be
andmodeof whipped,he sentence, specify the number of strokes
shall, in hisnumber
infliction . inflicted
to be shall not , in any case , exceed
and such
[ Ibid. 6. 9.)
thirty -six strokes at any one time, and shall be inflicted with a
rattan on the breech .
Punishment
of the stocks.
88. A Magistrate may sentence any offender to be publicly
[Ibid. B. 10.) exposed in the stocks for any period not exceeding six hours,
iu lieu of the whole or any part of any punishment to which
such offender is liable under this or any other ordinance.
Compensation 89. On the conviction of any person ofany offence by which
may be
awarded in
addition to
injury or loss to person or property shall have accrued , the
punishment. convicting Magistrate may order the offender to pay to the
[ Ibid. 8.11.) person aggrieved, reasonable compensation not exceeding fifty
dollars , in addition to any fine or punishment to which he is
sentenced .

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