Sessional_Paper_1911 — Page 66

Short title.

Abolition of minimum penalties.

Where impri- soument imposed it. may be with or without

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A

A BILL

ENTITLED

An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

WHEREAS it is expedient for the better administration of justice to abolish minimum penalties, and so to bring the law of the Colony as to penalties into uniformity with the law of England

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the "Poualties Amendment Ordinauce, 1911 ".

2.—(1.) Subject to the provisions of section 8, in any enactment now in force which provides for the imposition by any Court of minimum penalties, whether of imprison- ment or of a fine, the provisions relating to such minimum penalties are repealed.

(2.) In any enactment now in force which provides for the imposition by any Court of the penalty of imprisonment with hard labour, the words "with hard labour " are repealed; and where the penalty provided is imprisonment with or without hard labour, the words "with or without hard Jabour are repealed.

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(3.) Unless any enactment now in force, as printed in the New Revised Edition of the Laws of Hongkong, presently to be published, otherwise provides, where a Court is empowered or required to impose a sentence of imprisonment for life or for a period not exceeding a specified terni, or of a fine, the Court may, after conviction of any person of an offence, award a sentence less than for life or for the specified term, or less than the fine specified, in the enactment.

3. Where under any onactment now in force, or under any future enactment, a Court shall sentence a person con- victed of an offence for which the penalty of imprisonment is provided, the Court may, unless the enactment as printed hart kibcur. in the New Edition of the R-visel Laws of Hongkong. presently to be published, provides that the imprisonment shall be without hard labour, inflict imprisonment with or without hard labour.

Alternative penalties in cxisting legislation repealed.

Provided always, that where under this or the preceding section, a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour; and provided further, that where any person is sentenced to im- prisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.

This section shall not apply to commitments of any per- son to prison by a Magistrato under the following sections of the Magistrates Ordinance No. 3 of 1890 :-Sections 14 (2), 18 (2), 25 (4), 64 (3), 70 (1), and 75 (3).

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4. Wherever in any enactment now in force there is provided in addition to the penalty of imprisonment for life or for a term of years an alternative penalty of "imprison- ment (for any term) with or without haid labour", either with or without the further alternative with or without solitary confinement", both or cihe of such alternative penalties, as the case may be, are and is repealed; and where either of the aforesaid alternative penalties is provided as alternative to any other penalty, it is repealed; and where the aforesaid alternative as to solitary confi ement is provided as an alternative to a penalty of imprisonment, whether with or without hard labour, it is repealed. Provided that nothing in this section shall affect the provisions of section 80 (2) of the Magistrates Ordinance, No. 3 of 1890.