PENALTIES AMENDMENT ORDINANCE, 1911

PENALTIES AMENDMENT ORDINANCE, 1911

No. 24 of 1911, incorporated in No. 5 of 1865.

No. 25 of 1911, repealed by No. 40 of 1912.

No. 26 of 1911, repealed by No. 8 of 1912.

No. 27 of 1911, incorporated in No. 15 of 1908.

No. 28 of1911, incorporated in No. 10 of 1900.

No. 29 of 1911, incorporated in No. 4 of 1899.

No. 30 of 1911.

Av Ordinance to abolish minimum penalties, and to bring
the law of the Colony as to penalties into uniforming
with the law of England.
[28th August, 1913.]

[Preamble, rep. Law Revision Ordinance, 1924.]

1. This Ordinance may be cited as the Penaltles Amend-
ment Ordinance, 1911.

2. Unless any enactment now in force, or any future
enactment, otherwise provides, where a court is empowered
to impose a sentence-

(a) of imprisonment for life ; or
(b) of imprisonment for any term not exceeding a specified period; or
(c) of a fine,

the court may, after conviction of any person of an offence,
award a sentence less than for life or less than for the
specified period or less than the fine, specified in the enact-
ment, as the case may be.





3. Where under any enactment, now in force, or under any
future enactment, a court shall sentence a person convicted
of an offence for which the penalty of imprisonment is
provided, the court may, unless such enactment provides that
the imprisonment shall be without hard labour, inflict
imprisonment with or without hard labour:

Provided always that where under this section or under
Section 2 a sentence of imprisonment is imposed for more
than two years, it shall always be with hard labour: Provided
further, that where any person is sentenced to imprisonment
under any existing enactment for not finding sureties, such
imprisonment shall be without hard labour.

[ss. 4, 5, 6 and 7, rep. No. 43 of 1912.]

8. Nothing in this Ordinance contained shall be construed
as giving to a court the power of inflicting a punishment less

than the minimum punishment, if any, provided for offences
against any enactment now in force, or any future enactment,
relating to revenue, customs, or quarantine, or relating to
any of His Majest's regular or auxiliary forces, or which
carries into effect any treaty by which a minimum penalty is
stipulated for the offence in question.

[preamble and ss. 9 and 10, rep. No. 43 of 1912.]

11. Whenever in any enactment now in force, or in any
future enactment, several penalties are provided for one
offence-

(1) the use of the word or in relation to such penalties
shall signify that they are to be inflicted alternatively;
(2) the use of the word and shall signify that the
penalties may be inflicted alternatively or cumulatively; and
(3) 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.

[ss. 12 and 13, rep. No. 43 of 1912.]

14. This Ordinance shall apply to penalties imposed upon
summary conviction by a magistrate, or by two magistrates,
or by the marine magistrate.

[s. 15 and Schedule, rep. No. 43 of 1912.]

[Originally No. 30 of 1911. Law Rev. Ord., 1924.] Short title. Power of court to award lesser penalty than that stated. Imprisonment imposed may be with or without hard labour. Saving of minimum penalties in certain Ordinance. Alternative and cumulative penalties, how distinguished. [ef. No. 31 of 1911, s. 33.] Ordinance to apply to sentences imposed by magistrate.

[Originally No. 30 of 1911. Law Rev. Ord., 1924.] Short title. Power of court to award lesser penalty than that stated. Imprisonment imposed may be with or without hard labour. Saving of minimum penalties in certain Ordinance. Alternative and cumulative penalties, how distinguished. [ef. No. 31 of 1911, s. 33.] Ordinance to apply to sentences imposed by magistrate.

https://oelawhk.lib.hku.hk/items/show/1253

1923

v4

1

No. 30 of 1911

2