JUSTICES OF THE PEACE -- SUMMARY JURISDICTION ORDINANCE
Title
JUSTICES OF THE PEACE -- SUMMARY JURISDICTION ORDINANCE
Description
Justices of the Peace -- Summary Jurisdiction.
No. 10 of 1844.
An Ordinance to regulate suminary proceedings before Justices
of the Peace, and to protect Justices in the execution of their
office.
[10th April, 1844.]
WIIEREAS it is expedient and necessary to make provision for
regulating and for securing `uniformity in summary proceedings
before Justices of the Peace, and to afford due protection to Justices in.
the execution of their office. Tae it thereof enacted by His Excellency
the
Governor of Hongkong, with the advice of the Legislative Council thereof,
that from and after the passing and publication of this Ordinance, the
provisions hereof shall extend to all casts wherein by any English law, or
statute, or by any ordinance enacted in this Colony, any proceeding shall
have been, or shall be or is by this Ordinance directed to be had, or
matter authorised to be, heard and determined, by or before any Magistrate
of Police, or before any Justice or Justices of the Peace for the Colony
of
One Justice Hongkonn, or in a summary lay, and it shall be lawful for any
one Justice
to ad,iivaioatc. to receive the information or complaint, and to issue the
summons or
warrant requiring the parties and witnesses to appear before himself,
or before any two or more Justices as the case may require, and
upon the appearance of the defendant, or his contempt by not appear-
ing after having been duly summoned in manner hereinafter mentioned,
and after sufficient time for his appearance and proof thereof on oath
to the satisfaction of the Justice or Justices as the case may be,
such Justice or any two or more Justices, as the case may require,
shall and may proceed to examine into, and -hear and determine the
matter in a summary way, and examine upon oath, all necessary wit-
nesses produced, and give his or their judgment thereon, and in case
ORDINANCE No. 10 of 1844.
Justices of tlae Peace- Sunzinary Jurisdiction.
such Justice or Justices shall convict the defendant, and award ags,inst
him or her, any fine or pecuniary penalty, and he shall neglect to
pay the same fine or penalty,., together with the costs and charges of and
attending such conviction, 'to be assessed and ascertained by the said
Justice or Justices, into the hands of the said convicting Justice . or
one
of the said convicting Justices, in case there shall. have been more than
one, within one week next after such conviction, (without any previous
demand of such penalty) or within such greater or lesser tune, or at such
intervals as the said Justice or Justices shall at his or their
discretion'
determine, then it shall be lawful for such justice or Justices or eithei
of
them, or for any other Justice of the Peace (at his or their discretion)
to
cause such fine or penalty and costs and charges to be levied by
distress, Flowrenalties
and sale of the goods, and chattels of the offender, the overplus, if any
to ue levied.
after deducting the charges of such distress and sale; to be rendered to
the said offender. Provided, that if upon the return of the officer
charged
with the execution of the said distress, it shall appear that no
sufficient
distress can be found, or the party adjudged to pay any money shall at
the time of the said adjudication or conviction, declare or it shall
other-
wise appear that he has no goods or chattels on which the said distress
can be levied, then the convicting Justice or Justices, or either of them,
or any other Justice of the Peace, may by warrant commit such offender
to one of Her Majesty's gaols, with or without hard labour, there to
remain offenaertohe
for a time in proportion to the amount of the penalty inflicted, and not
committed.
,exceeding six months in the whole, unless the said sum to be levied
together with the costs shall be sooner paid..
2. And be it further enacted, that in all cases in which no other
raode of proceeding shall have been or or shall be in that behalf
provided,
the directing of any summons to any person whatsoever, whether a
defendant, a witness, or otherwise in the name or names by which he is
or has been usually known, whether the same be the real or the feigned
-or assumed name of such person, and the leaving a copy of such summons
at his last usual place of abode, or the affixing a copy thereof, on one
of
the doors, or some other conspicuous part on the outside of such abode,
(such service being proved on the oath of the persons so serving such
summons, and it being also in like manner proved to the satisfaction of
the
sitting Justice or Justices at the hearing of the case, that the person so
serving such summons haul endeavoured to serve the same oil the party
SI
ervioe of
snmmon.4 on
witnesses and
others.
ORDINANCE No. 10 0-F.1844.
Justices of the Peace-rSumntary Jurisdiction.
evidence to
betaken down
and subsesib-
ed by witness
and Jnsti<;e.
#&n oat.
Nn. 2 of 1860.
,r,W;ee to
-i Issue, wArl'&llt
`fog. fiplri~elien-
lion of
defendant in .
- cerfan eases.
Offenders
to be.-aGoltre-
lieadod and
aoiieeS'ed-
bei'orc w Jus-
tice of the
peace.
Without effect,) shall be deeW ed to be a=~,leaal and effectual service on
such party, as fully to all intents and purposes, as if the same summons
had been personally served on such party, a.yd as if the same had been
directed in his proffer and real name, and tl;az every summons may direct
the party to appear, either before the Justice or Justices issnin(1 the
same.
or before any one or more Justice or Justices generally, as the case may
require, ( without nan'lina any Justice). I'rovideti that such summons
shall direct the party so to appear, at a tune and place certain, to be
named in such summons.
^ ~ ~3. And be it enacted that the Justice or Justices, before whom any
person may be convicted in banner aforesaid, shall take the evidence-
upon oaths of the witnesses, both for, and against the defendant, and also
the statement of the defendant himself, and shall put the same, or the
mate-
rial parts thereof into writing, and shall cause the said witnesses, and
tile
said defendant, to subscribe such depositions or stateinent, and he or
they
shall also subscribe the same and return tile same in the manner herein-
after directed.
4. And be it enacted, that it shall and may be lawful for any Justice
of the Peace, when any information shall be exhibited before him, and in
the opinion of such Justice it shall be fit and proper so to do, to grant
a
warrant lender his hand, directed to some constable, peace officer, or
other proper person, directing such constable, peace officer, or other
proper person to tale any offender, against whom such information shall
be laid, and to brin b hirn before such Justice or Justices of the Peace,
as
the case may require, at a time and place to be named in such warrant.
5. And be it enacted, that it shall be lawful for any person what-
soever, to reel wire any person, who shall commit in his presence any
offence,
which is or shall be punishable in a summary way, to accompany hire
forthwith to the nearest Justice of the-Peace, or to tell his full name
and
place of abode, and in case such person shall, after being so required;
offend by xefusin .to go before such Justice of the Peace, or to tell his
real name, and place of abode, or by giving such a description of his
place
of abode, as shall be illusory for the purpose of discovery, it shall
be lawful for the party so .requiring as : aforesaid, and also for any
person acting in his ,aid; to apprehend such offender, and to convey
him, or cause him to be conveyed, as soon as conveniently may be-
to the nearest Justice of . tb6 Peace, who shall have full power to,
ORDINANCE No. IO of 1844.
.histices of the Peace-Summary Jurisdiction.
require security, for the dub appearance of such person, and to
commit hint for want thereof, or shall make such order therein as
the case may require. Alma' any person offending against the pro-
visions of this section (whether so apprehended or not,) shall, on
conviction thereof, in a seminary way, before any Justice of the -Peace,
forfeit and pay such sum of money, not elceedinL fifty dollars, as to
the convicting Justice shall seem meet in addition to any other penalty
he may have incurred. Provided always, that no person so apprehended,
shall on any pretence whatsoever, be detained for a loner period thzrl,
twelve hours, and if lie cannot on account of the absence, or distance of
the residence of any such Justice of the Peace, be brought before a
Justice
of the Peace, -%vithin the time aforesaid, then the person so apprehended
shall be discharged, but may nevertheless be proceeded against for his
offence, by summons or warrant., as if no such apprehension lead taken
place.
6. And be it enacted, that every Justice of tile Peace, before whom
any person shall be convicted in a summary manner, shall transmit such
conviction, witli the depositions and examinations hereinhefore directed
to
be taken, to the next Court of general sessions of Magistrates which shall
be holden in the said Colony of Hongkong, there to be kept by the
proper officer, among the records of the said Court.
'l. And whereas doubts inay arise as to the application of divers acts
and statutes of the Imperial Parliament of Great Britain, whereby the
removal of convictions, orders, and other proceedings, had or made by or
before Justices of the Peace, is denied and taken away. Be it enacted,
that such acts and statutes aforesaid, as far as they relate to the non-
removal of such convictions, orders; and other proceedings, shall be
deemed and taken not to extend to this Colony, or its dependencies, nor
to be in force within the same. Provided always, and be it enacted, that
no writ of certiorari shall be granted, orallowed, to remove any
conviction,
judgment, or other proceeding, had or made by any Court of general
sessions of Magistrates, or before any Justice or Justices of the Peace in
a summary manner, unless the party or parties prosecuting such certiorari,
before the allowance thereof, shall enter into a recognizance, with
sufficient
sureties, before the convicting Justice or Justices, as the case may be,
or
before any Judge of such Supreme Court of Judicature as may hereafter.
be erected at Hongkong, -in the sum of two hundred dollars, in addition
Justice to
return.con-
victions to
genersl
quarter
sessions.
Certiorari to
be allowed ill.
all cases oil
certain cou-
ditions.
[Sce Ord. A'i).
4 of 1865 s. 06;
ord. Air. 7 of
7865 s. 9s;
Ord. No. s I)f.
1865 s. ez;
Ord. X0. .ro
(!f 1865 v. 3 1.~,
26 ORDINAL-CE No. 10 of 1844.
Justices of the Peace- Sunmary Jurisdiction.
to the pecuniary penalty, (if any shall have been inflicted,) with
condition
to prosecute such certiorari .at his or their own charges with, effect
without
any delay, and to pay the party or parties i~ whose favor, or for whose
benefit, such judgment or order was made within one -week after such
judgment or order shall be confirmed, their full costs and charges, as-
between attorney and client ; and in case the party or parties,
prosecuting
such certiorari shall not forthwith enter into such recognizance, or
shall not
perform the conditions aforesaid, it shall be lawful for the said Justice
or
n ,Justices, to proceed and make such further order for the benefit of the
party, or parties, for whom such judgment shall be given, in such manner
as if no certiorari had been granted, nor shall any writ of certiorari be
,ranted, issued forth, or allowed, unless it shall be moved and applied
for
on special grounds, within one month next after such conviction, judg-
rnent, order, or other proceedinui shall be had or made, nor unless it
shall
he duly proved that the party or parties suing forth the same, bath; or
have given four days notice thereof in writing, to the convicting Justice
or Justices, or any of them, containing the ground of his or their
objections,
to the end that such Justice or Justices may show cause, if he, or they
shall -so think fit, against the issuing, or granting of such certiorari
; and
'upon the return of such certiorari, no objections shall be taken by the
party suing forth the same, other than such as shall be stated in the said
notice.
witnvseg not $. Anrl be it further enacted, that if any person shall be
summoned
appearing,
to appear as a witness, to give~evidence before any such Justice or
Justices,
touching any of the matters aforesaid; and shall neglect to appear at the
tirne and place for that purpose appointed, without a reasonable excuse
for
such neglect, every such person shall for every such offence forfeit and
pay a penalty of not more than one hundred dollars, which said penalty
shall and may be recovered, by proceeding before any one Justice of the
Peace, who is hereby authorized to hear and determine such offence in a
summary way, and shall be levied and distributed in the manner by this
Ordinance provided for other penalties.
rolverto 9. And be it further enacted, that in a.11 cases wherein any
person,
appear and
nianner shall be convicted in any penalty exceeding fifty dollars, or
shall be
thereof.
l,~-~ o-~q.1io. sentenced to. undergo any imprisonrnent exceeding one
month by any
.~rsss.l summary ,judgment or conviction of any Justice or Justices, under
or by
virtue o£ any statute or ordinance, (and no other mode of proceeding
ORDINANCE No. 10 OF 1844.
Justices qfthe Peace-Summary Jurisdiction.
shall have been, or shall be iii that behalf provided, that it shall be
lawful
for such person to appeal against such j udnment, or conviction, in the
manner hereinafter provided,' that is to say, if such person (in case
pecuniary penalty shall have been awarded) shall hay into the hands of
the convicting Justice, or one of the convictin Justices, double the full
amount of such penalty, together with the assessed' costs and charges.
within one week next after such conviction, or within such time greater
or less, as the convicting Justice or Justices shall determine, or (in
case
no pecuniary penalty shall have been awarded) shall forthwith enter into
t~
bond to Her Majesty, Her Heirs and Successors, in such reasonable
amount as the convicting Justice or Justices may require with two
sufficient sureties, to be approved by such convicting Justice or
Justices,
conditioned to prosecute such appeal with effect, and to abide the event
of the same appeal, and to pay the full amount of all such penalties and
costs as shall or may on such appeal be awarded against the appealing
party, then it shall be lawful for such person to appeal from such
judgment,
or conviction, to such general sessions of Magistrates, as may hereafter
be directed to be held from time to time in llonakon w, unless such
sessions shall be held within six days next ensuing, anc1 in that case to
the general sessions next but one afterwards. And the Justices at such
sessions so assembled, shall hear,: and thereupon finally determine, the
Tnatter of every such appeal in a summary way, and their judgment thereon,
shall be final and conclusive to all intents and purposes j (unless ally
writ of certiorari or error shall afterwards be allowed) and such Justices
at such sessions so assembled, are upon such appeal hereby authorized to
decide upon the matter de novo, and to award in a summary manner such
-reater, or lesser imprisonment, or penalty, than that appealed against,
and such costs to be paid by either party or to make such other orders
therein, as shall appear just and expedient, and the circulnstanees may
require.
10. And be it enacted that the person or persons to whom srtch writ
of certiorari shall, or may be directed, shall, and he and they are hereby
directed to, return to the Supreme Court of Judicature aforesaid, with the
conviction by such writ ordered to be returned the depositions, and
examinations hereby ordered to be taken by such convicting Justice or
Justices, and upon the hearing of such case it shall, and may be lawful
for the said Court to inspect, and examine such depositions, and
2?
Jwwtieeto
decide the
matter de
il o~n.
1>c]>ositionit.o
be returned
with eerti-
orari.
aertuittei or
convicted and
having suffer-
ed the piudsll-
mentawarded
tor be released
fi1oIn ail
further pro-
ceding for
the game
Fol-Ill or
~:olxvictioll
defect,; of
forlll clot to
9itis.tc ,1115=
Oh1)INANCE No. 10 of I844.
Justices of the .Peace---Summary Jurisdiction.
examinations, and to make such order thereon, as°the substantial merits
of the case 'may require.
11. And 6e enacted if theJustice or Ju,,;tices, upon the hearing of
any complaint in a summary manner, shall deem the offence not to have.
been proved, or to be of so trifling a nature as not to merit any
punishment
and shall accordingly dismiss such complaint, he, or they shall forthwith
make out a certificate under his or their hands; stating the fact of such
dismissal, and shall deliver the certificate to the party against whom
such
,complaint was preferred, and the party who shall have obtained such
certificate, or having been convicted of any offence shall have paid the
whole amount adjudged to have been paid under such conviction, or shall
have suffered such other p;mishment as may have been awarded therein,
shall be released from all further proceedin0gs civil or criminal for the
same
12. And be it enacted, that in all cases, except where a particular
form o£ jud(yrneut or conviction shall have been, or shall be, by any such
ordinance, directed to be used in that behalf, a judgment or conviction in
the form, or to the effect of tine form, (as the case shall happen to be)
prescribed by the schedule to this Ordinance annexed, shall be hood valid
and effectual to all intents and purposes whatsoever, without setting
'forth
or statinn in such, conviction, tile name of any informer, or witness, or
the particular place where the offence was committed or whether the
defendant appeared, or was, or was riot summoned to appear, and imthont
setting forth, or stating the evidence of facts in any further or more
particular manner, than shall be necessary to show that the offence was
one against the tree intent, and meanin ; of the law, and no conviction
warrant 'of committal or distress, or other proceeding whatsoever,
(whether
under this, or any other ordinance, and whether a particular form shall
have been or shall be in that behalf directed or not) shall be quashed in
any case, for any mere error, or mistake in any name, or date, or title;
or in
any matter of description only, and where any distress shall be made for
levying any money, the distress itself shall not be deemed unlawful, nor
the party making the same be deemed a trespasser, -on account of any
defect
or want of form in the summons-, conviction, warrant o£ distress, or other
proceedings relating thereto; nor shall the party distrainina, be deemed v
trespasser ab i~titio, on account of any irregularity afterwards committed
lay- him, but the person aggrieved by such irregularity, may recovesi
ORDINANCE No. to oF 184=l.
Justices of the Peace-Summary Jurisdiction.
satisfaction for the special damage, if any, by an action on the case;
and ,
in all cases whatsoever*, regard shall be had alone to the substantial
~tnerits and ,justice of the cast:
A
13. And for the protection of Justices, and others acting under
1'rrotectionCf
d ustices.
their authority, be it enacted, that all actions and prosecutions to be
com-
menced against any Justice, or person acting under his authority, shall be
commenced within sip; months after the fact committed, and not other-
wise; and notice in writing of such action, and of the cause thereof,
shall
be given to the defendant, one month at least before the commencement,
4>f the action, and in any such action, the defendant, 1'1'lay plead the
general
issue, and nix a any statute, or ordinance, and the special matter in
evidence
-it any trial to be had thereupon, and no plaintiff shall recover in any
such
.~uction, if tender of sufficient amends shall have been made before such
action brought, or if a sufficient sum of money shall have been paid into
Court, after such action brought by, or on behalf of the defendant, and if
:n, verdict shall pass for the defendant, or the plaintiff shall become
nousuit,
or discontinue any such action after issue joined, or if upon demurrer, or
.otherwise j udbmcnt shall be given against the plaintiff, the defendant
shall
.recover his full costs as between attorney and e>,ient, and have the like
remedy for the same as any defendant bath by lax in other cases; and
thounh a verdict shall lie given for the plaintiff, in any such action,
such
plaintiff shall not have costs against the defendant, unless the Judge,
before
whom the trial shall be, shall certify his approbation of the action and
of
the verdict obtained thereon.
14. And be it enacted, that no action or suit shall be brought or Action
against Jus-
instituted anainst a.ny Justice of the Peace, for or on account of any
con- t.ices,
viction of any person or persons whatever, by reason of any think done,
.or commanded to be done, by such Justice, in or about the levying of any
penalty, apprehending any party or for or about the carrying of such
.conviction into full effect, except and unless the Justice by or before
whom
such conviction shill have been made, shall have convicted such pension
-of some offence, not punishable on summary conviction, by virtue of any
:statute, law, or ordinance, or unless such Justice shall have convicted
.such person in some penalty, either pecuniary or otherwise, not
authorized
to be imposed on the offence or-offences of which such offender shall or
r~nay-have been guilty, or unless it shall be expressly alleged in the
bill
.ref complaint, plaint, or declaration in such action and proved on the
trial
30 ORDINANCE No. 10 OF 1844.
Justices of the Peace-$umnrarJ ,lurisdict~o~r.
of such cause, that such acts were done maliciously rind without probable
cause.
Acti<)i, 15. And be it enacted that no action or s:ait shall be bronuht
avainst
against i,ro-
Fecixtor. any person or persons, by whom, or on whose account, any
information
f_: ;.,-, ; shall have been laid or exhibited before any Justice of the
Peace, and by
uch Justice or Justices, received for or on account of such information,
or for, or on account of any matter or think done under, or in pursuance'
of such information, unless it shall be expressly alleged in the bill of`
~orhpiaint, plaint, or declaration of such action, and proved on the
trial of
such cause, that, such information was laid and exhibited maliciously, and
without probable cause.
l_[~»ernmcnt lg. And be it enacted, if any question shall arise, as to the
right of an Y
\f)[It1Cf1t70T1
hutneie()t person to exercise the office of a Justice of the Peace, that a
Government
lwoof, of right
to exercise Notification in any public newspaper, to the effect that such
person has
office, of :rur-
tieo of the
taken the oaths, as a Justice of the Peace, shall (in the absence of
express
proof that such Notification was unauthorized) be deemed, and held suf=
ficient proof of such right, in all proceeding's whatsoever, and it shall
not
be necessary to produce any commission, appointment, or any oath,
affidavit or other document, in proof of such rib ht as aforesaid.
' rovern~)rto 1'7. And be it enacted, that it shall be lawful for His
Excellency the
ontl)oriae fees
to he trikaTT Governor 111 Council,
to authorize tile takln, of such fees, In any proceed-
1)y .rnstiee,
inns before arty Justice, as may be deemed expedient; and it shall be
lawful for any Justice to refuse to do any act, for which any fee shall be
demandable, unless such fee sball be first paid, and that if any such act
shall be done, and the fee diie thereon shall not be paid, it shall be
lawful
for any Justice of the Peace, to summon the person from whom such fee
shall be due, and to proceed to recover the same, in like manner as any
penalty recoverable by summary proceedings.
Tab)[e of fee 18. And be it enacted, that in some conspicuous part of each
of the
t0 1)C 1411118 14~
in 1,uuiio public offices of the Justices within the said Colony, there
shall be affixed
office. a table of the fees, which may legally be taken at such offices
respectively.
Jn4icc to ne- 19. And be it enacted, that the Justices at each of the
public offices
count for all([
[)n~-oL-er fee, within the said Colony, and their clerks respectively,
shall, in books to be
,
[>e'nltie`. provided for that purpose, keep a full, true, and particulr
account of all
fees taken, and received, at each of tile said' offices, together with all
penalties, and forfeitures which shall have been recovered, levied, or
ORDINANCE No. 10 OF 1844.
Justices of the Peace-Sunimary Jurisdiction.
received in pursuance of any adjudication, conviction, or order, had or
made
at any of the said offices, or any process, or warrant, and shall be
strictly
accountable for such fees, pei.alties, and forfeitures, to Her Majesty,
Her
Heir, and Successors, and shall pay over the same to the Colonial. Treas-
urer,, from time to time, as they may be required.
20. And be it further enacted, that in all cases where, by any ordi-
nance, a pecuniary penalty is or shall be imposed,, the amount of every
such penalty, within the limits prescribed, shall be in the discretion of
the
-convicting Justice, and that every penalty awarded by such Justice, a.nj
declared to be. payable to Her Majesty, Her Heirs and Successors, shall
(except it shall be otherwise specially provided by any ordinance) be
paid one moiety thereof, and such other part thereof as shall not be ad-
judicated to be paid in the manner hereinafter newt mentioned, to the use
of Her Wlajeaty, Her Heirs and Successors, for the public uses of the
Colony of Hongkong, and the support of the Government thereof; and
the other moiety, or such part thereof as shall be adjudged bar the
Justice
convicting, to the use of the informer, or party prosecuting, or
comlolain-
ing, or who shall have suffered any damagre from the act of the offender,
and such parties shall, if the convicting Justice shall so order, but not
otherwise; also be entitled to their costs and charges, over, and above
such
penalty, to be ascertained and assessed as aforesaid.
21. And be it enacted, that no person shall, by reason of the applica-
v;t
to be rendered
tion of any penalty to his use, or of his being otherwise interested in
the incompetent
event of the cause, directly or indirectly, be deemed to be incompetent
as r'Y
in,,er°`r,.
<a witness, before any \Court of Justice, or Justice of the Peace, in any
proceeding whatsoever, wNether civil or criminal.
22. And be it enacted, that in all cases where any complaint shall be
.T~,~ti°e i<,
the re°°gni-
made against any person, the Justice, by or before whom such complaint
mm:esarg<»ii.
shell be heard, may, if he shall so think proper, require the party
complained b°ba°'°'r.
against, and whether such party shall be convicted or not, on such com-
plaint, to enter into a recognizance, with two sufficient sureties for his
;cod behaviour, for such term, and in such sum, as such Justice shall
think proper, so as such term do not exceed twelve months, nor such sum
two hundred dollars.
23. And be it enacted; that from and after the taking effect of this
Limitation o£
Ordinance, no person shall be liable to be convicted by, any Justice, in
a r'TOse°ut;onF.
summary manner as aforesaid, unless upon information laid, and had
before a Justice of the Peace, authorized to receive the same, within the
Distribution
of penr1lties.
ORDINANCE No. 10 of 1544.
Justices of the Peace-Summary Jurisdiction.
space of six calendar months, next after the commission of such offence
or offences. Provided always, that nothing herein contained shall extend
to present any person from being indicted for any offence, as if this Or-
dinance had not been passed.
htterpreta-
ttou of the
word montb.
Minot offender.%
to be nminheQ
accor~tng to
Chlneee nsnEe.
24. And be it enacted, that the word month, in this and all otter or-
dinances, shall be deemed to mean, a calendar, and not a lunar month.
25. .And be it enacted, that in lieu of the whole, or any part of any
penalty,
provided by any law, statute, or ordinance whatsoever, it shall he lawful
for the Court,
e-rJuetice, before whom the matter shall be adjudicated upon, to sentence
any offender,
being a native of China, or a native of Hongkong of Chinese origin, to
undergo such
punishment, in conformity with the usages of China, as bas hitherto been
usually
inflicted on natives of China, committing offences in this Colony.
[Repealed by Ordi.;
nance No, rG of 187j.]
i . . i . _ ~ _ ~ ~ _
SC HEDULH.
BEING THE FORM VF JUDGMENT OR CONVICTION BY THIS
ORDINANCE REFERRED TO.
HONGKONG
Be it remembered, that on this dap of
184 . (name) of (place) was duly convicted before me A. B. (or us A. 13.
R C. D.) one
(or two, or more, as the case maybe) of Her Majesty's Justices of the
Peace, upon au
information in that behalf exhibited before (atanze of flee Justice or
Justices) on the
day of
now last bast, for that on the day of 184
(state tlae fact or ofezzce in respect of which the judgment or
conviction is had) and I (or toe)
do (if the conviction is made for an o, fence against any particular
statute or ordinance, state it)
award, order, and adjudge, that (set forth the adazGdication, and if
awarding a penalty?, as
follows) the said (o fertdea) do for such offence (where ztecessan y add
being leis second, or
t.Jzird, or subsequent fence, as tlae case may be) forfeit and pay the
sum of
to be distributed as in manner following; that is to say, (describe the
mode of distri-
bution,) (or if a Chinese ofezzdw describe the aubstitzcted punishment)
besides the costs and
charges of, and attendtug this conviction (if given) which said costs and
charges, I (or
zve) the said Justice (or Justices,) do hereby ascertain and assess, at
the sum of
Given under my hand and seal
(or o2aM haaads and seals) -the
day and year first above
written.
22
Title. [See Ordes. No. 6 of 1847; No. 5 of 1850; No. 16 of 1875].
Preamble.
Proceedings before Justices.
One Justice to adjudicate.
[* See Ord No. 2 of 1860.]
How penalties to be levied.
Offender to be committed.
Service of summons on witnesses and others.
Evidence to be taken down and subscribed by witness and Jistice. [* See Ord. No. 2 of 1860.]
Justice to issue warrant for apprehension of defendant in certain cases.
Offenders to be apprehended and conveyed before a Justice of the Peace.
Justice to return convictions to general quarter sessions.
Certiorari to be allowed in all cases on certain conditions. [See Ord. No. 4 of 1865 s.66; Ord. No. 7 of 1865 s 98; Ord. No. 8 of 1865 s. 62; Ord. No. 10 of 1865 s. 31]
Witnesses not appearing. Power to appeal and manner thereof. [See Ord. No. 4 of 1858.]
Justices to decide the matter de novo.
Depositions to be returned with certiorari.
Party acquitted or convicted and having suffered the punishment awarded to be released from all further proceedings for the same cause.
From of conviction defects of from not to vitiate any proceeding.
Protection of Justices.
Action against Justices. Action against prosecutor.
Government Notification sufficient proof of right to exercise office of Justice of the Peace.
Governor to authorize fees to be taken by Justice.
Table of fees to be hung up office.
Justice to account for and pay over fees and penalties.
Distribution of penalties.
Witnesses not to be rendered incompetent by interest.
Justice to take recognizance for good behaviour.
Limitation of prosecutions.
Interpretation of the word month.
Chinese offenders to be punished according to Chinese usage.
No. 10 of 1844.
An Ordinance to regulate suminary proceedings before Justices
of the Peace, and to protect Justices in the execution of their
office.
[10th April, 1844.]
WIIEREAS it is expedient and necessary to make provision for
regulating and for securing `uniformity in summary proceedings
before Justices of the Peace, and to afford due protection to Justices in.
the execution of their office. Tae it thereof enacted by His Excellency
the
Governor of Hongkong, with the advice of the Legislative Council thereof,
that from and after the passing and publication of this Ordinance, the
provisions hereof shall extend to all casts wherein by any English law, or
statute, or by any ordinance enacted in this Colony, any proceeding shall
have been, or shall be or is by this Ordinance directed to be had, or
matter authorised to be, heard and determined, by or before any Magistrate
of Police, or before any Justice or Justices of the Peace for the Colony
of
One Justice Hongkonn, or in a summary lay, and it shall be lawful for any
one Justice
to ad,iivaioatc. to receive the information or complaint, and to issue the
summons or
warrant requiring the parties and witnesses to appear before himself,
or before any two or more Justices as the case may require, and
upon the appearance of the defendant, or his contempt by not appear-
ing after having been duly summoned in manner hereinafter mentioned,
and after sufficient time for his appearance and proof thereof on oath
to the satisfaction of the Justice or Justices as the case may be,
such Justice or any two or more Justices, as the case may require,
shall and may proceed to examine into, and -hear and determine the
matter in a summary way, and examine upon oath, all necessary wit-
nesses produced, and give his or their judgment thereon, and in case
ORDINANCE No. 10 of 1844.
Justices of tlae Peace- Sunzinary Jurisdiction.
such Justice or Justices shall convict the defendant, and award ags,inst
him or her, any fine or pecuniary penalty, and he shall neglect to
pay the same fine or penalty,., together with the costs and charges of and
attending such conviction, 'to be assessed and ascertained by the said
Justice or Justices, into the hands of the said convicting Justice . or
one
of the said convicting Justices, in case there shall. have been more than
one, within one week next after such conviction, (without any previous
demand of such penalty) or within such greater or lesser tune, or at such
intervals as the said Justice or Justices shall at his or their
discretion'
determine, then it shall be lawful for such justice or Justices or eithei
of
them, or for any other Justice of the Peace (at his or their discretion)
to
cause such fine or penalty and costs and charges to be levied by
distress, Flowrenalties
and sale of the goods, and chattels of the offender, the overplus, if any
to ue levied.
after deducting the charges of such distress and sale; to be rendered to
the said offender. Provided, that if upon the return of the officer
charged
with the execution of the said distress, it shall appear that no
sufficient
distress can be found, or the party adjudged to pay any money shall at
the time of the said adjudication or conviction, declare or it shall
other-
wise appear that he has no goods or chattels on which the said distress
can be levied, then the convicting Justice or Justices, or either of them,
or any other Justice of the Peace, may by warrant commit such offender
to one of Her Majesty's gaols, with or without hard labour, there to
remain offenaertohe
for a time in proportion to the amount of the penalty inflicted, and not
committed.
,exceeding six months in the whole, unless the said sum to be levied
together with the costs shall be sooner paid..
2. And be it further enacted, that in all cases in which no other
raode of proceeding shall have been or or shall be in that behalf
provided,
the directing of any summons to any person whatsoever, whether a
defendant, a witness, or otherwise in the name or names by which he is
or has been usually known, whether the same be the real or the feigned
-or assumed name of such person, and the leaving a copy of such summons
at his last usual place of abode, or the affixing a copy thereof, on one
of
the doors, or some other conspicuous part on the outside of such abode,
(such service being proved on the oath of the persons so serving such
summons, and it being also in like manner proved to the satisfaction of
the
sitting Justice or Justices at the hearing of the case, that the person so
serving such summons haul endeavoured to serve the same oil the party
SI
ervioe of
snmmon.4 on
witnesses and
others.
ORDINANCE No. 10 0-F.1844.
Justices of the Peace-rSumntary Jurisdiction.
evidence to
betaken down
and subsesib-
ed by witness
and Jnsti<;e.
#&n oat.
Nn. 2 of 1860.
,r,W;ee to
-i Issue, wArl'&llt
`fog. fiplri~elien-
lion of
defendant in .
- cerfan eases.
Offenders
to be.-aGoltre-
lieadod and
aoiieeS'ed-
bei'orc w Jus-
tice of the
peace.
Without effect,) shall be deeW ed to be a=~,leaal and effectual service on
such party, as fully to all intents and purposes, as if the same summons
had been personally served on such party, a.yd as if the same had been
directed in his proffer and real name, and tl;az every summons may direct
the party to appear, either before the Justice or Justices issnin(1 the
same.
or before any one or more Justice or Justices generally, as the case may
require, ( without nan'lina any Justice). I'rovideti that such summons
shall direct the party so to appear, at a tune and place certain, to be
named in such summons.
^ ~ ~3. And be it enacted that the Justice or Justices, before whom any
person may be convicted in banner aforesaid, shall take the evidence-
upon oaths of the witnesses, both for, and against the defendant, and also
the statement of the defendant himself, and shall put the same, or the
mate-
rial parts thereof into writing, and shall cause the said witnesses, and
tile
said defendant, to subscribe such depositions or stateinent, and he or
they
shall also subscribe the same and return tile same in the manner herein-
after directed.
4. And be it enacted, that it shall and may be lawful for any Justice
of the Peace, when any information shall be exhibited before him, and in
the opinion of such Justice it shall be fit and proper so to do, to grant
a
warrant lender his hand, directed to some constable, peace officer, or
other proper person, directing such constable, peace officer, or other
proper person to tale any offender, against whom such information shall
be laid, and to brin b hirn before such Justice or Justices of the Peace,
as
the case may require, at a time and place to be named in such warrant.
5. And be it enacted, that it shall be lawful for any person what-
soever, to reel wire any person, who shall commit in his presence any
offence,
which is or shall be punishable in a summary way, to accompany hire
forthwith to the nearest Justice of the-Peace, or to tell his full name
and
place of abode, and in case such person shall, after being so required;
offend by xefusin .to go before such Justice of the Peace, or to tell his
real name, and place of abode, or by giving such a description of his
place
of abode, as shall be illusory for the purpose of discovery, it shall
be lawful for the party so .requiring as : aforesaid, and also for any
person acting in his ,aid; to apprehend such offender, and to convey
him, or cause him to be conveyed, as soon as conveniently may be-
to the nearest Justice of . tb6 Peace, who shall have full power to,
ORDINANCE No. IO of 1844.
.histices of the Peace-Summary Jurisdiction.
require security, for the dub appearance of such person, and to
commit hint for want thereof, or shall make such order therein as
the case may require. Alma' any person offending against the pro-
visions of this section (whether so apprehended or not,) shall, on
conviction thereof, in a seminary way, before any Justice of the -Peace,
forfeit and pay such sum of money, not elceedinL fifty dollars, as to
the convicting Justice shall seem meet in addition to any other penalty
he may have incurred. Provided always, that no person so apprehended,
shall on any pretence whatsoever, be detained for a loner period thzrl,
twelve hours, and if lie cannot on account of the absence, or distance of
the residence of any such Justice of the Peace, be brought before a
Justice
of the Peace, -%vithin the time aforesaid, then the person so apprehended
shall be discharged, but may nevertheless be proceeded against for his
offence, by summons or warrant., as if no such apprehension lead taken
place.
6. And be it enacted, that every Justice of tile Peace, before whom
any person shall be convicted in a summary manner, shall transmit such
conviction, witli the depositions and examinations hereinhefore directed
to
be taken, to the next Court of general sessions of Magistrates which shall
be holden in the said Colony of Hongkong, there to be kept by the
proper officer, among the records of the said Court.
'l. And whereas doubts inay arise as to the application of divers acts
and statutes of the Imperial Parliament of Great Britain, whereby the
removal of convictions, orders, and other proceedings, had or made by or
before Justices of the Peace, is denied and taken away. Be it enacted,
that such acts and statutes aforesaid, as far as they relate to the non-
removal of such convictions, orders; and other proceedings, shall be
deemed and taken not to extend to this Colony, or its dependencies, nor
to be in force within the same. Provided always, and be it enacted, that
no writ of certiorari shall be granted, orallowed, to remove any
conviction,
judgment, or other proceeding, had or made by any Court of general
sessions of Magistrates, or before any Justice or Justices of the Peace in
a summary manner, unless the party or parties prosecuting such certiorari,
before the allowance thereof, shall enter into a recognizance, with
sufficient
sureties, before the convicting Justice or Justices, as the case may be,
or
before any Judge of such Supreme Court of Judicature as may hereafter.
be erected at Hongkong, -in the sum of two hundred dollars, in addition
Justice to
return.con-
victions to
genersl
quarter
sessions.
Certiorari to
be allowed ill.
all cases oil
certain cou-
ditions.
[Sce Ord. A'i).
4 of 1865 s. 06;
ord. Air. 7 of
7865 s. 9s;
Ord. No. s I)f.
1865 s. ez;
Ord. X0. .ro
(!f 1865 v. 3 1.~,
26 ORDINAL-CE No. 10 of 1844.
Justices of the Peace- Sunmary Jurisdiction.
to the pecuniary penalty, (if any shall have been inflicted,) with
condition
to prosecute such certiorari .at his or their own charges with, effect
without
any delay, and to pay the party or parties i~ whose favor, or for whose
benefit, such judgment or order was made within one -week after such
judgment or order shall be confirmed, their full costs and charges, as-
between attorney and client ; and in case the party or parties,
prosecuting
such certiorari shall not forthwith enter into such recognizance, or
shall not
perform the conditions aforesaid, it shall be lawful for the said Justice
or
n ,Justices, to proceed and make such further order for the benefit of the
party, or parties, for whom such judgment shall be given, in such manner
as if no certiorari had been granted, nor shall any writ of certiorari be
,ranted, issued forth, or allowed, unless it shall be moved and applied
for
on special grounds, within one month next after such conviction, judg-
rnent, order, or other proceedinui shall be had or made, nor unless it
shall
he duly proved that the party or parties suing forth the same, bath; or
have given four days notice thereof in writing, to the convicting Justice
or Justices, or any of them, containing the ground of his or their
objections,
to the end that such Justice or Justices may show cause, if he, or they
shall -so think fit, against the issuing, or granting of such certiorari
; and
'upon the return of such certiorari, no objections shall be taken by the
party suing forth the same, other than such as shall be stated in the said
notice.
witnvseg not $. Anrl be it further enacted, that if any person shall be
summoned
appearing,
to appear as a witness, to give~evidence before any such Justice or
Justices,
touching any of the matters aforesaid; and shall neglect to appear at the
tirne and place for that purpose appointed, without a reasonable excuse
for
such neglect, every such person shall for every such offence forfeit and
pay a penalty of not more than one hundred dollars, which said penalty
shall and may be recovered, by proceeding before any one Justice of the
Peace, who is hereby authorized to hear and determine such offence in a
summary way, and shall be levied and distributed in the manner by this
Ordinance provided for other penalties.
rolverto 9. And be it further enacted, that in a.11 cases wherein any
person,
appear and
nianner shall be convicted in any penalty exceeding fifty dollars, or
shall be
thereof.
l,~-~ o-~q.1io. sentenced to. undergo any imprisonrnent exceeding one
month by any
.~rsss.l summary ,judgment or conviction of any Justice or Justices, under
or by
virtue o£ any statute or ordinance, (and no other mode of proceeding
ORDINANCE No. 10 OF 1844.
Justices qfthe Peace-Summary Jurisdiction.
shall have been, or shall be iii that behalf provided, that it shall be
lawful
for such person to appeal against such j udnment, or conviction, in the
manner hereinafter provided,' that is to say, if such person (in case
pecuniary penalty shall have been awarded) shall hay into the hands of
the convicting Justice, or one of the convictin Justices, double the full
amount of such penalty, together with the assessed' costs and charges.
within one week next after such conviction, or within such time greater
or less, as the convicting Justice or Justices shall determine, or (in
case
no pecuniary penalty shall have been awarded) shall forthwith enter into
t~
bond to Her Majesty, Her Heirs and Successors, in such reasonable
amount as the convicting Justice or Justices may require with two
sufficient sureties, to be approved by such convicting Justice or
Justices,
conditioned to prosecute such appeal with effect, and to abide the event
of the same appeal, and to pay the full amount of all such penalties and
costs as shall or may on such appeal be awarded against the appealing
party, then it shall be lawful for such person to appeal from such
judgment,
or conviction, to such general sessions of Magistrates, as may hereafter
be directed to be held from time to time in llonakon w, unless such
sessions shall be held within six days next ensuing, anc1 in that case to
the general sessions next but one afterwards. And the Justices at such
sessions so assembled, shall hear,: and thereupon finally determine, the
Tnatter of every such appeal in a summary way, and their judgment thereon,
shall be final and conclusive to all intents and purposes j (unless ally
writ of certiorari or error shall afterwards be allowed) and such Justices
at such sessions so assembled, are upon such appeal hereby authorized to
decide upon the matter de novo, and to award in a summary manner such
-reater, or lesser imprisonment, or penalty, than that appealed against,
and such costs to be paid by either party or to make such other orders
therein, as shall appear just and expedient, and the circulnstanees may
require.
10. And be it enacted that the person or persons to whom srtch writ
of certiorari shall, or may be directed, shall, and he and they are hereby
directed to, return to the Supreme Court of Judicature aforesaid, with the
conviction by such writ ordered to be returned the depositions, and
examinations hereby ordered to be taken by such convicting Justice or
Justices, and upon the hearing of such case it shall, and may be lawful
for the said Court to inspect, and examine such depositions, and
2?
Jwwtieeto
decide the
matter de
il o~n.
1>c]>ositionit.o
be returned
with eerti-
orari.
aertuittei or
convicted and
having suffer-
ed the piudsll-
mentawarded
tor be released
fi1oIn ail
further pro-
ceding for
the game
Fol-Ill or
~:olxvictioll
defect,; of
forlll clot to
9itis.tc ,1115=
Oh1)INANCE No. 10 of I844.
Justices of the .Peace---Summary Jurisdiction.
examinations, and to make such order thereon, as°the substantial merits
of the case 'may require.
11. And 6e enacted if theJustice or Ju,,;tices, upon the hearing of
any complaint in a summary manner, shall deem the offence not to have.
been proved, or to be of so trifling a nature as not to merit any
punishment
and shall accordingly dismiss such complaint, he, or they shall forthwith
make out a certificate under his or their hands; stating the fact of such
dismissal, and shall deliver the certificate to the party against whom
such
,complaint was preferred, and the party who shall have obtained such
certificate, or having been convicted of any offence shall have paid the
whole amount adjudged to have been paid under such conviction, or shall
have suffered such other p;mishment as may have been awarded therein,
shall be released from all further proceedin0gs civil or criminal for the
same
12. And be it enacted, that in all cases, except where a particular
form o£ jud(yrneut or conviction shall have been, or shall be, by any such
ordinance, directed to be used in that behalf, a judgment or conviction in
the form, or to the effect of tine form, (as the case shall happen to be)
prescribed by the schedule to this Ordinance annexed, shall be hood valid
and effectual to all intents and purposes whatsoever, without setting
'forth
or statinn in such, conviction, tile name of any informer, or witness, or
the particular place where the offence was committed or whether the
defendant appeared, or was, or was riot summoned to appear, and imthont
setting forth, or stating the evidence of facts in any further or more
particular manner, than shall be necessary to show that the offence was
one against the tree intent, and meanin ; of the law, and no conviction
warrant 'of committal or distress, or other proceeding whatsoever,
(whether
under this, or any other ordinance, and whether a particular form shall
have been or shall be in that behalf directed or not) shall be quashed in
any case, for any mere error, or mistake in any name, or date, or title;
or in
any matter of description only, and where any distress shall be made for
levying any money, the distress itself shall not be deemed unlawful, nor
the party making the same be deemed a trespasser, -on account of any
defect
or want of form in the summons-, conviction, warrant o£ distress, or other
proceedings relating thereto; nor shall the party distrainina, be deemed v
trespasser ab i~titio, on account of any irregularity afterwards committed
lay- him, but the person aggrieved by such irregularity, may recovesi
ORDINANCE No. to oF 184=l.
Justices of the Peace-Summary Jurisdiction.
satisfaction for the special damage, if any, by an action on the case;
and ,
in all cases whatsoever*, regard shall be had alone to the substantial
~tnerits and ,justice of the cast:
A
13. And for the protection of Justices, and others acting under
1'rrotectionCf
d ustices.
their authority, be it enacted, that all actions and prosecutions to be
com-
menced against any Justice, or person acting under his authority, shall be
commenced within sip; months after the fact committed, and not other-
wise; and notice in writing of such action, and of the cause thereof,
shall
be given to the defendant, one month at least before the commencement,
4>f the action, and in any such action, the defendant, 1'1'lay plead the
general
issue, and nix a any statute, or ordinance, and the special matter in
evidence
-it any trial to be had thereupon, and no plaintiff shall recover in any
such
.~uction, if tender of sufficient amends shall have been made before such
action brought, or if a sufficient sum of money shall have been paid into
Court, after such action brought by, or on behalf of the defendant, and if
:n, verdict shall pass for the defendant, or the plaintiff shall become
nousuit,
or discontinue any such action after issue joined, or if upon demurrer, or
.otherwise j udbmcnt shall be given against the plaintiff, the defendant
shall
.recover his full costs as between attorney and e>,ient, and have the like
remedy for the same as any defendant bath by lax in other cases; and
thounh a verdict shall lie given for the plaintiff, in any such action,
such
plaintiff shall not have costs against the defendant, unless the Judge,
before
whom the trial shall be, shall certify his approbation of the action and
of
the verdict obtained thereon.
14. And be it enacted, that no action or suit shall be brought or Action
against Jus-
instituted anainst a.ny Justice of the Peace, for or on account of any
con- t.ices,
viction of any person or persons whatever, by reason of any think done,
.or commanded to be done, by such Justice, in or about the levying of any
penalty, apprehending any party or for or about the carrying of such
.conviction into full effect, except and unless the Justice by or before
whom
such conviction shill have been made, shall have convicted such pension
-of some offence, not punishable on summary conviction, by virtue of any
:statute, law, or ordinance, or unless such Justice shall have convicted
.such person in some penalty, either pecuniary or otherwise, not
authorized
to be imposed on the offence or-offences of which such offender shall or
r~nay-have been guilty, or unless it shall be expressly alleged in the
bill
.ref complaint, plaint, or declaration in such action and proved on the
trial
30 ORDINANCE No. 10 OF 1844.
Justices of the Peace-$umnrarJ ,lurisdict~o~r.
of such cause, that such acts were done maliciously rind without probable
cause.
Acti<)i, 15. And be it enacted that no action or s:ait shall be bronuht
avainst
against i,ro-
Fecixtor. any person or persons, by whom, or on whose account, any
information
f_: ;.,-, ; shall have been laid or exhibited before any Justice of the
Peace, and by
uch Justice or Justices, received for or on account of such information,
or for, or on account of any matter or think done under, or in pursuance'
of such information, unless it shall be expressly alleged in the bill of`
~orhpiaint, plaint, or declaration of such action, and proved on the
trial of
such cause, that, such information was laid and exhibited maliciously, and
without probable cause.
l_[~»ernmcnt lg. And be it enacted, if any question shall arise, as to the
right of an Y
\f)[It1Cf1t70T1
hutneie()t person to exercise the office of a Justice of the Peace, that a
Government
lwoof, of right
to exercise Notification in any public newspaper, to the effect that such
person has
office, of :rur-
tieo of the
taken the oaths, as a Justice of the Peace, shall (in the absence of
express
proof that such Notification was unauthorized) be deemed, and held suf=
ficient proof of such right, in all proceeding's whatsoever, and it shall
not
be necessary to produce any commission, appointment, or any oath,
affidavit or other document, in proof of such rib ht as aforesaid.
' rovern~)rto 1'7. And be it enacted, that it shall be lawful for His
Excellency the
ontl)oriae fees
to he trikaTT Governor 111 Council,
to authorize tile takln, of such fees, In any proceed-
1)y .rnstiee,
inns before arty Justice, as may be deemed expedient; and it shall be
lawful for any Justice to refuse to do any act, for which any fee shall be
demandable, unless such fee sball be first paid, and that if any such act
shall be done, and the fee diie thereon shall not be paid, it shall be
lawful
for any Justice of the Peace, to summon the person from whom such fee
shall be due, and to proceed to recover the same, in like manner as any
penalty recoverable by summary proceedings.
Tab)[e of fee 18. And be it enacted, that in some conspicuous part of each
of the
t0 1)C 1411118 14~
in 1,uuiio public offices of the Justices within the said Colony, there
shall be affixed
office. a table of the fees, which may legally be taken at such offices
respectively.
Jn4icc to ne- 19. And be it enacted, that the Justices at each of the
public offices
count for all([
[)n~-oL-er fee, within the said Colony, and their clerks respectively,
shall, in books to be
,
[>e'nltie`. provided for that purpose, keep a full, true, and particulr
account of all
fees taken, and received, at each of tile said' offices, together with all
penalties, and forfeitures which shall have been recovered, levied, or
ORDINANCE No. 10 OF 1844.
Justices of the Peace-Sunimary Jurisdiction.
received in pursuance of any adjudication, conviction, or order, had or
made
at any of the said offices, or any process, or warrant, and shall be
strictly
accountable for such fees, pei.alties, and forfeitures, to Her Majesty,
Her
Heir, and Successors, and shall pay over the same to the Colonial. Treas-
urer,, from time to time, as they may be required.
20. And be it further enacted, that in all cases where, by any ordi-
nance, a pecuniary penalty is or shall be imposed,, the amount of every
such penalty, within the limits prescribed, shall be in the discretion of
the
-convicting Justice, and that every penalty awarded by such Justice, a.nj
declared to be. payable to Her Majesty, Her Heirs and Successors, shall
(except it shall be otherwise specially provided by any ordinance) be
paid one moiety thereof, and such other part thereof as shall not be ad-
judicated to be paid in the manner hereinafter newt mentioned, to the use
of Her Wlajeaty, Her Heirs and Successors, for the public uses of the
Colony of Hongkong, and the support of the Government thereof; and
the other moiety, or such part thereof as shall be adjudged bar the
Justice
convicting, to the use of the informer, or party prosecuting, or
comlolain-
ing, or who shall have suffered any damagre from the act of the offender,
and such parties shall, if the convicting Justice shall so order, but not
otherwise; also be entitled to their costs and charges, over, and above
such
penalty, to be ascertained and assessed as aforesaid.
21. And be it enacted, that no person shall, by reason of the applica-
v;t
to be rendered
tion of any penalty to his use, or of his being otherwise interested in
the incompetent
event of the cause, directly or indirectly, be deemed to be incompetent
as r'Y
in,,er°`r,.
<a witness, before any \Court of Justice, or Justice of the Peace, in any
proceeding whatsoever, wNether civil or criminal.
22. And be it enacted, that in all cases where any complaint shall be
.T~,~ti°e i<,
the re°°gni-
made against any person, the Justice, by or before whom such complaint
mm:esarg<»ii.
shell be heard, may, if he shall so think proper, require the party
complained b°ba°'°'r.
against, and whether such party shall be convicted or not, on such com-
plaint, to enter into a recognizance, with two sufficient sureties for his
;cod behaviour, for such term, and in such sum, as such Justice shall
think proper, so as such term do not exceed twelve months, nor such sum
two hundred dollars.
23. And be it enacted; that from and after the taking effect of this
Limitation o£
Ordinance, no person shall be liable to be convicted by, any Justice, in
a r'TOse°ut;onF.
summary manner as aforesaid, unless upon information laid, and had
before a Justice of the Peace, authorized to receive the same, within the
Distribution
of penr1lties.
ORDINANCE No. 10 of 1544.
Justices of the Peace-Summary Jurisdiction.
space of six calendar months, next after the commission of such offence
or offences. Provided always, that nothing herein contained shall extend
to present any person from being indicted for any offence, as if this Or-
dinance had not been passed.
htterpreta-
ttou of the
word montb.
Minot offender.%
to be nminheQ
accor~tng to
Chlneee nsnEe.
24. And be it enacted, that the word month, in this and all otter or-
dinances, shall be deemed to mean, a calendar, and not a lunar month.
25. .And be it enacted, that in lieu of the whole, or any part of any
penalty,
provided by any law, statute, or ordinance whatsoever, it shall he lawful
for the Court,
e-rJuetice, before whom the matter shall be adjudicated upon, to sentence
any offender,
being a native of China, or a native of Hongkong of Chinese origin, to
undergo such
punishment, in conformity with the usages of China, as bas hitherto been
usually
inflicted on natives of China, committing offences in this Colony.
[Repealed by Ordi.;
nance No, rG of 187j.]
i . . i . _ ~ _ ~ ~ _
SC HEDULH.
BEING THE FORM VF JUDGMENT OR CONVICTION BY THIS
ORDINANCE REFERRED TO.
HONGKONG
Be it remembered, that on this dap of
184 . (name) of (place) was duly convicted before me A. B. (or us A. 13.
R C. D.) one
(or two, or more, as the case maybe) of Her Majesty's Justices of the
Peace, upon au
information in that behalf exhibited before (atanze of flee Justice or
Justices) on the
day of
now last bast, for that on the day of 184
(state tlae fact or ofezzce in respect of which the judgment or
conviction is had) and I (or toe)
do (if the conviction is made for an o, fence against any particular
statute or ordinance, state it)
award, order, and adjudge, that (set forth the adazGdication, and if
awarding a penalty?, as
follows) the said (o fertdea) do for such offence (where ztecessan y add
being leis second, or
t.Jzird, or subsequent fence, as tlae case may be) forfeit and pay the
sum of
to be distributed as in manner following; that is to say, (describe the
mode of distri-
bution,) (or if a Chinese ofezzdw describe the aubstitzcted punishment)
besides the costs and
charges of, and attendtug this conviction (if given) which said costs and
charges, I (or
zve) the said Justice (or Justices,) do hereby ascertain and assess, at
the sum of
Given under my hand and seal
(or o2aM haaads and seals) -the
day and year first above
written.
22
Title. [See Ordes. No. 6 of 1847; No. 5 of 1850; No. 16 of 1875].
Preamble.
Proceedings before Justices.
One Justice to adjudicate.
[* See Ord No. 2 of 1860.]
How penalties to be levied.
Offender to be committed.
Service of summons on witnesses and others.
Evidence to be taken down and subscribed by witness and Jistice. [* See Ord. No. 2 of 1860.]
Justice to issue warrant for apprehension of defendant in certain cases.
Offenders to be apprehended and conveyed before a Justice of the Peace.
Justice to return convictions to general quarter sessions.
Certiorari to be allowed in all cases on certain conditions. [See Ord. No. 4 of 1865 s.66; Ord. No. 7 of 1865 s 98; Ord. No. 8 of 1865 s. 62; Ord. No. 10 of 1865 s. 31]
Witnesses not appearing. Power to appeal and manner thereof. [See Ord. No. 4 of 1858.]
Justices to decide the matter de novo.
Depositions to be returned with certiorari.
Party acquitted or convicted and having suffered the punishment awarded to be released from all further proceedings for the same cause.
From of conviction defects of from not to vitiate any proceeding.
Protection of Justices.
Action against Justices. Action against prosecutor.
Government Notification sufficient proof of right to exercise office of Justice of the Peace.
Governor to authorize fees to be taken by Justice.
Table of fees to be hung up office.
Justice to account for and pay over fees and penalties.
Distribution of penalties.
Witnesses not to be rendered incompetent by interest.
Justice to take recognizance for good behaviour.
Limitation of prosecutions.
Interpretation of the word month.
Chinese offenders to be punished according to Chinese usage.
Abstract
22
Title. [See Ordes. No. 6 of 1847; No. 5 of 1850; No. 16 of 1875].
Preamble.
Proceedings before Justices.
One Justice to adjudicate.
[* See Ord No. 2 of 1860.]
How penalties to be levied.
Offender to be committed.
Service of summons on witnesses and others.
Evidence to be taken down and subscribed by witness and Jistice. [* See Ord. No. 2 of 1860.]
Justice to issue warrant for apprehension of defendant in certain cases.
Offenders to be apprehended and conveyed before a Justice of the Peace.
Justice to return convictions to general quarter sessions.
Certiorari to be allowed in all cases on certain conditions. [See Ord. No. 4 of 1865 s.66; Ord. No. 7 of 1865 s 98; Ord. No. 8 of 1865 s. 62; Ord. No. 10 of 1865 s. 31]
Witnesses not appearing. Power to appeal and manner thereof. [See Ord. No. 4 of 1858.]
Justices to decide the matter de novo.
Depositions to be returned with certiorari.
Party acquitted or convicted and having suffered the punishment awarded to be released from all further proceedings for the same cause.
From of conviction defects of from not to vitiate any proceeding.
Protection of Justices.
Action against Justices. Action against prosecutor.
Government Notification sufficient proof of right to exercise office of Justice of the Peace.
Governor to authorize fees to be taken by Justice.
Table of fees to be hung up office.
Justice to account for and pay over fees and penalties.
Distribution of penalties.
Witnesses not to be rendered incompetent by interest.
Justice to take recognizance for good behaviour.
Limitation of prosecutions.
Interpretation of the word month.
Chinese offenders to be punished according to Chinese usage.
Title. [See Ordes. No. 6 of 1847; No. 5 of 1850; No. 16 of 1875].
Preamble.
Proceedings before Justices.
One Justice to adjudicate.
[* See Ord No. 2 of 1860.]
How penalties to be levied.
Offender to be committed.
Service of summons on witnesses and others.
Evidence to be taken down and subscribed by witness and Jistice. [* See Ord. No. 2 of 1860.]
Justice to issue warrant for apprehension of defendant in certain cases.
Offenders to be apprehended and conveyed before a Justice of the Peace.
Justice to return convictions to general quarter sessions.
Certiorari to be allowed in all cases on certain conditions. [See Ord. No. 4 of 1865 s.66; Ord. No. 7 of 1865 s 98; Ord. No. 8 of 1865 s. 62; Ord. No. 10 of 1865 s. 31]
Witnesses not appearing. Power to appeal and manner thereof. [See Ord. No. 4 of 1858.]
Justices to decide the matter de novo.
Depositions to be returned with certiorari.
Party acquitted or convicted and having suffered the punishment awarded to be released from all further proceedings for the same cause.
From of conviction defects of from not to vitiate any proceeding.
Protection of Justices.
Action against Justices. Action against prosecutor.
Government Notification sufficient proof of right to exercise office of Justice of the Peace.
Governor to authorize fees to be taken by Justice.
Table of fees to be hung up office.
Justice to account for and pay over fees and penalties.
Distribution of penalties.
Witnesses not to be rendered incompetent by interest.
Justice to take recognizance for good behaviour.
Limitation of prosecutions.
Interpretation of the word month.
Chinese offenders to be punished according to Chinese usage.
Identifier
https://oelawhk.lib.hku.hk/items/show/14
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 10 of 1844
Number of Pages
11
Files
Collection
Historical Laws of Hong Kong Online
Citation
“JUSTICES OF THE PEACE -- SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 9, 2025, https://oelawhk.lib.hku.hk/items/show/14.
