PENALTIES AMENDMENT ORDINANCE, 1911

PENALTIES AMENDMENT ORDINANCE, 1911

No. 30 of 1911.

An Ordinance to abolish, minimum Penalties, and to brillg tile
law of the Colony as to penalties into ttniformity with the
law of England.
[28th August, 1913.]

1. This Ordinance may be cited as the Penalties Amendment
Ordinance, 1911.

2. Unless any enactment now in force, or any future enact-
ment, 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 enactment, as the
case may be.

3. Where under any enactment now in force, or under any
future enactment, a court sentences 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 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.

4. 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

As amended by Law Rev. Ord., 1939.,
against any enactment now in force, or any future enactment,
relating to revenue, customs or quarantine, or relating to any
of His Majesty's regular or auxiliary forces, or which carries
into effect any treaty by which a minimum penalty is stipulated
for the Ofence in question.

5. 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.

6. This Ordinance shall apply to penalties imposed upon
summary conviction by a magistrate, or by two magistrates, or
by a marine magistrate.
[Originally No. 30 of 1911. Law Rev. Ord., 1939.] 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 Ordinances. Alternative and cumulative penalties, how distinguished. [cf. No. 31 of 1911, s. 33.] Ordinance to apply to sentences imposed by magistrate.

[Originally No. 30 of 1911. Law Rev. Ord., 1939.] 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 Ordinances. Alternative and cumulative penalties, how distinguished. [cf. No. 31 of 1911, s. 33.] Ordinance to apply to sentences imposed by magistrate.

https://oelawhk.lib.hku.hk/items/show/1512

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