Sessional_Paper_1911 — Page 73

Sessional Papers 議政定例兩局文件 All

69

kind belonging to such ship or vessel, shall be guilty of felony and being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years and not less than three years, or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confine-

ment.

The aforesaid section shall be printed as follows :-

Every person who unlawfully and maliciously des- troys any part of any ship or vessel which is in distress, or wrecked, stranded or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and shall be liable to impri- sument with hard labour for any term not exceeding fourteen years.'

8.—(1.) In the sections of the Ordinances mentioned in Repeals and Part I of the schedule, the words with or without hard amendments labour” after the word “imprisonment" are repealed.

in 'rdin- ancés in

(2.) In the sections of the Ordinances mentioned in Part schedule. II of the schedule, in lieu of the words "for the term of. there shall be read "for any term not exceeding".

(8.) In the sections of the Ordinances mentioned in Part III of the schedule, after the word “imprisonment" there shall be inserted the words “without hard labour".

(4.) The Ordinances mentioned in Part IV of the sche- dule, are repealed to the extent therein mentioned.

9. Nothing in this Ordinance contained shall be con- Saving of strued as giving to a Court the power of inflicting a minimum punishment less than the minimum punishment, if any, penalties in provided for offences against any revenue, customs or Ordinances. quarantine law now in force or hereafter to be enacted.

certain

before

10. Wherever in any enactment now in force it is Amendment. provided that in case a person is convicted of an offence of words of before a Magistrate he shall either be "committed to the conviction common gaol, there to be imprisoned, or to be imprisoned Magistrate and kept to hard labour for any term ", or other like words in existing are used which have the same meaning, the person shall be Ordinances. liable to imprisonment, with or without hard labour, as the case may be, for the same term; and in all editions of the Laws of Hongkong hereafter to be printed the provisions above referred to are hereby authorised to be printed in manner and form corresponding as nearly as may be with the following "example", and the sections in which such provisions occur shall be construed and enforced accord- ingly:

Example.

Ordinance No. 5 of 1865, section 12 (1), in part

Every person who steals any dog shall, on cou- viction thereof before any Police Magistrate, either be committed to the common gaol, there to be imprisoned, or to be imprisoned and kept to hard labour, for any term not exceeding six. months, or..."

,

This part of the aforesaid section shall be printed as

follows:-

JE

Every person who steals any dog, shall on con- viction before a Magistrate, be liable to impri- sonment for any terin not exceeding six months

OT...

12

"1

}

11. Whenever in any enactment now in force it is pro- Amandment vided that in case a person is convicted of an offence of words before a Magistrate he shall be liable to pay", or

to imposing fine

in existing forfeit and pay a sum of money, or such sum of money not

Ordinances. exceeding a specified sum as to the Magistrate may seem meet", or other like words are used which have the same meaning, the person shall be liable to a fine of the amount, or not exceeding the amount so specified, as the case may be; and in all editions of the Laws of Hongkong hereafter

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