Sessional_Paper_1911 — Page 68

Alternative and cumu- lative penalties, how dis- tinguished.

Definition of "term".

Repeal of

enactments

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(2.) Whenever in any enactment now in force similar provisions occur, but it is further provided that the liabi lity to pay, or to forfeit and pay, a sum of money as afore said is over and above a liability to pay the value, or such sum as the Magistrate may estimate as the value, of any animal or thing, the subject of the offence, they shall be held to be the equivalent of the following provision

such person

"shall be liable to pay, over and above the value of such animal," or of such thing," as the case may be a fine not exceeding the amount specified in the provision; and such provision shall be substituted accordingly in all editions of the Laws of Hongkong hereafter to be printed.

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(3.) The enactments mentioned in Part IV of the schedule are hereby declared to be amended accordingly, and the sections in which such provisions respectively occur shall be construed and enforced accordingly.

11.--(1.) Whenever in any enactment now in forec or in any future enactment, several penalties are provided for one offence, the use of the word “. ог "in relation to such penal- ties shall signify that they are to be inflicted alternatively;

the use of the word "and" shall signify that the penalties may be inflicted alternatively or cumulatively; and

the use of the words “together with" or "in addition to“, or other expressions which convey the same meaning, shall signify that the penalties are to be inflicted cumulatively.

(2.) The enactments mentioned in Part V of the sche- dule are hereby declared to be amended to the extent indi- cated in the said Part; and in all editions of the Laws of Hongkong hereafter to be printed, the said enactments are hereby authorised to be printed as so amended, and sball be construed and enforced accordingly.

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12. In this Ordinance the word "term when used in relation to a period of imprisonment includes, unless the contrary intention is indicated, imprisonment for a period not exceeding a specified term.

13. The following enactments, being rendered unneces- sary by the provisions of this Ordinance, are hereby re- rendered un- pealed :-

necessary by this Or- dinance.

Ordinance

to apply to sentences imposed by Magistrate.

Coming into force of Ordinance.

Ordinance No. 3 of 1887,-the Transportation and Penal Servitude Abolition Ordinance, 1887.

In Ordinance No. 2 of 1865, sections 59 and 60. No. 4 of 1865, sectious 51 and 52. No. 5 of 1865, sections 99 and 100. No. 6 of 1865, sections 59 and 60. No. 7 of 1865, sections 30 and 31.

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14. This Ordinance shall apply to penalties imposed on a summary conviction by a Magistrate, or by two Magis- trates, or by the Marine Magistrate; and in consequence, the following provisions of the Magistrates Orlinance, 1890, are repealed :-sections, 3, 4, 33 (1), and 33 (3).

15. This Ordinance shall come in force by proclamation of the Governor, which shall not be issued until after the Legislative Council has authorised the use of the New Edition of the Laws of Hongkong now in course of pre- paration.