CHIEF MAGISTRATE AND ASSISTANT MAGISTRATE -- ABOLITION ORDINANCE
Title
CHIEF MAGISTRATE AND ASSISTANT MAGISTRATE -- ABOLITION ORDINANCE
Description
ORDIiVT afCE No. 6 of 1862.
Chief Magistrate and Assistant tllagistx~ate-ALolilion.
No: 6 of 182.
An Ordinance to abolisli the Offices of Chief 1'Iagristrate and Assistant
Title.
Magistrate, and to appoint and define the Duties of Two Police
llanistrates.
(`?2nd March, 1562.
HEREAS it is advisable that the offices of Chief Magistrate and Assistant
Preamble.
Magistrate should be abolished, and that two Police Magistrates should be
appointed in their stead with such jurisdiction and hovers as are
hereinafter ex-
pressed:-Be it therefore enacted by His Excellency the Governor of
Hongkong, with
the advice of the Legislative Council thereof, as follows:-
1. The offices of Chief Magistrate and Assistant 'Magistrate arc hereby
abolished.
2. Two Police Magistrates shall be appointed from time to time, and they
or
either of them shall have and exercise such and the like powers as by any
Ordinance of
this Colony were prior to this Ordinance vested in the Chief Magistrate
and Assistant
Magistrate respectively, except so far as such powers are varied or
amended or abrogated
by this Ordinance; and every Police Magistrate shall by virtue of his
office 1>e a Justice
of the Peace.
$. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is
hereby,
repealed, except so far as the same repeals Ordinance No. 6 of 1847.
4. Each of the said Police Magistrates shall have power to hear, try and
deter-
mine in a summary manner any crime, misdemeanour or offence, the
punishment for
the commission of which is or may be imprisonment, fine, and whipping, or
any or
either of such punishments: Provided always that in case it shall appear
to the Police
Magistrate at the hearing that any such offence ought to be visited with
a heavier
punishment than this Ordinance authorizes, it shall be lawful for him to
commit the
offender or offenders for trial in the Supreme Court.
5. It shall be competent for a Magistrate to award, as punishment for any
criluo
or offence, imprisonment in any gaol of this Colony for any period not
exceeding six
calendar months, with or without hard labour; or any fine not exceeding
fifty dollars;
or both fine and imprisonment not exceeding these limits; and it shall be
lawful for the
1VIagistrate;to direct any portion of such imprisonment not exceeding ono
mouth to be
solitary, but 'go that such solitary imprisonment shall not exceed
fourteen consecutive
days: An&fuither, that when any male offender shall be convicted under
this Ordi-
nance o£ any felony, or misdemeanour after having been previously
convicted of felony
or misdemeanour, it shall be lawful for the Magistrate to direct that, in
addition to any
other. punishment to which lie may be sentenced, such offender shall be
once or twice
publicly or privately whipped. [Repealed by Ordinance No. 1 of 1863.]
Ofticns of Chief
and Assistant
Magistrates
abolished.
'fno Police
Magistrates
Ni.heinted.
Ordinance No. 1
of 1&4fl repealed,
except so far as
it repeals Ho. c
of 1847.
Crimes and
offences triable
under this
Ordinance. '
Proviso reserving
power to commit
to Smpreme
court-,
Limit of
punishment by
Magistrate.
Corporal
I Inighnient in
)I addition.
ORDINANCE No. 6 OF 1862.
Chief Magistrate and Assistant Magistrate-Abolition.
A-Lanner in wnlch 6. Whenever corporal punishment shall be inflicted under
this or any other
u,rpota1
punishment is to Ordinance, such punishment shall in no case exceed
thirty-six blows with a rattan,
be lnftieted.
to be inflicted in the presence of the Governor of the Gaol, or
Superintendent of Police,
or other officer of Police appointed for that purpose.
Amends ,nnyne 7, On the conviction of any person of any offence by which
injury or loss to
awarded in
:warded person or property shall have accrued, it shall be lawful for the
convicting Magistrate
Punishment.
to award reasonable amends, to be made by the offender to the person
aggrieved, by
payment, in addition to the penalty to which the offender may be liable
for the offence,
of any sum not exceeding fifty dollars, notwithstanding that the
aggrieved person may
have been examined as a witness in the case.
Recovery of rlnes 8. If any fine or any amends or compensation imposed or
awarded under this
atntl amends.
Ordinance shall not be paid on conviction, or within such time or times
as may be
determined by the Magistrate, it shall be lawful for such Magistrate to
levy tile amount
by distress on the goods and chattels of the offender. And in case the
amount of any fine
or amends or compensation, shall not be fully paid or recovered by
distress, or in case
no such distress shall have been levied or ordered, it shall be lawful
for such Magistrate
to cause the offender to by imprisoned for any period nut exceeding,
together with such
other imprisonment, if any, as may have been awarded for leis said
offence, the term of
six calendar months .in the whole.'
Power to cnnnuit
porsana nslng
htsultlng-
lan8nagp to or in
presence of
Magistrate.
compensation or
panalry fnr
sPros'
rution or false
testimony,
Recngnian ees
(other than as to
Supremo Court)
to be entreated
in <lefrrutt.
9. If any person shall use any threatening or insulting expression to or
concerning
or in the presence of a Police Magistrate or Justice of the Peace, when
acting. in the
discharge of any magisterial duty, he shall be liable to be fined by the
said Magistrate
or Justice of the Peace in an amount not exceeding fifty dollars, or to
be imprisoned
for a term not exceeding two calendar months.
10. If it shall appear to a Policy Magistrate that any charge or
complaint was
maliciously preferred, or that any witness has given false testimony, it
shall be lawful
for such Magistrate to award compensation not exceeding fifty dollars to
be paid by
such prosecutor or witness to the person aggrieved, or in his discretion
to impose on
such prosecutor or witness a fine not exceeding fifty dollars, or to
award compensation
and impose a fine not exceeding together the sum of fifty dollars.
11. Whenever any person shall enter into any recognizance or Crown bond
(except
recognizances entered into for appearance before the Supreme Court of
this Colony)
before any Magistrate, Justice of the Peace or any officer of Police, and
such
Lend or recognizance shall become forfeited, it shall be lawful for a
Magistrate to
summon the person bound by the said recognizance or bond 6efore him, and
on
satisfactory proof of forfeiture or breach of condition, to order the
said recognizance,
or bond to be entreated and to authorize a constable of this Colony to
levy the amount
or penalty of the said recognizance or bond upon the goods, chattels,
lands, and
tenements of the defaulter, and in case there shall be no sufficient
goods, chattels, lands,
or tenements to satisfy the amount of the distress warrant, the defaulter
shall be liable
to imprisonment for any term not exceeding three mouths.
No. 6 of 1862.
Chief Magistrate & Assistant Magistrate -- Abolition.
12. Section 41 of Ordinance No. 14 of 1$46 is hereby repealed, and in
every case
of the adjudication of a pecuniary penalty or amends under the same
Ordinance and
non-payment thereof, it shall be lawful for the Magistrate to cause the
offender to be
imprisoned for any term not exceeding three calendar months, [°14vith or
without hard
Zclbour' as amended by Ordinance No. 9 of 1867] such imprisonment to
cease on payment
of the sum remaining unpaid.
13. The Marine Magistrate shall have the power of a Police Magistrate to
hear
and decide all cases of assault, and assault and battery unaccompanied by
an intent
to commit felony, and any two Justices of the Peace of this Colony
sitting tdaether
shall have power to do any act or acts that a Police Magistrate is by
this Ordinance
authorized and empowered to do.
14. This Ordinance shall not come into operation until Proclamation be
made to snaren,lins
Clause.
that effect by command of His Excellency the Governor, and published in
the Hongleong
Governmeut Gazette.
(In force by Proclamation 7th July, 1860, and tom same date: Repealed by
Ordinance No. 16 of 1875.]
Title.
Preamble.
Officers of Chief and Assistant Magistrates abolished.
Two Police Magistrates appointed.
Ordinance No. 1 of 1849 repealed, except so far as it repeals No. 6 of 1847.
Crimes and offences triable under this Ordinance.
Proviso reserving power to commit to Supreme Court.
Limit of punishment by Magistrates.
Corporal punishment in addition.
Manner in which corporal punishment is to be inflicted.
Amends may be awarded in addition to punishment.
Recovery of fines and amends.
Power to commit persons using insulting language to or in presence of Magistrate.
Compensation or penalty for malicious prosecuton or false testimony.
Recognizances (other than as to Supreme Court ) to be estreated in default.
505
Imprisonment for non-payment of fines.
Marine Magistrate or two Justices of the Peace to have power of one Police Magistrate.
Supending clause.
Chief Magistrate and Assistant tllagistx~ate-ALolilion.
No: 6 of 182.
An Ordinance to abolisli the Offices of Chief 1'Iagristrate and Assistant
Title.
Magistrate, and to appoint and define the Duties of Two Police
llanistrates.
(`?2nd March, 1562.
HEREAS it is advisable that the offices of Chief Magistrate and Assistant
Preamble.
Magistrate should be abolished, and that two Police Magistrates should be
appointed in their stead with such jurisdiction and hovers as are
hereinafter ex-
pressed:-Be it therefore enacted by His Excellency the Governor of
Hongkong, with
the advice of the Legislative Council thereof, as follows:-
1. The offices of Chief Magistrate and Assistant 'Magistrate arc hereby
abolished.
2. Two Police Magistrates shall be appointed from time to time, and they
or
either of them shall have and exercise such and the like powers as by any
Ordinance of
this Colony were prior to this Ordinance vested in the Chief Magistrate
and Assistant
Magistrate respectively, except so far as such powers are varied or
amended or abrogated
by this Ordinance; and every Police Magistrate shall by virtue of his
office 1>e a Justice
of the Peace.
$. The Ordinance No. 1 of 1849 constituting a Court of Petty Sessions is
hereby,
repealed, except so far as the same repeals Ordinance No. 6 of 1847.
4. Each of the said Police Magistrates shall have power to hear, try and
deter-
mine in a summary manner any crime, misdemeanour or offence, the
punishment for
the commission of which is or may be imprisonment, fine, and whipping, or
any or
either of such punishments: Provided always that in case it shall appear
to the Police
Magistrate at the hearing that any such offence ought to be visited with
a heavier
punishment than this Ordinance authorizes, it shall be lawful for him to
commit the
offender or offenders for trial in the Supreme Court.
5. It shall be competent for a Magistrate to award, as punishment for any
criluo
or offence, imprisonment in any gaol of this Colony for any period not
exceeding six
calendar months, with or without hard labour; or any fine not exceeding
fifty dollars;
or both fine and imprisonment not exceeding these limits; and it shall be
lawful for the
1VIagistrate;to direct any portion of such imprisonment not exceeding ono
mouth to be
solitary, but 'go that such solitary imprisonment shall not exceed
fourteen consecutive
days: An&fuither, that when any male offender shall be convicted under
this Ordi-
nance o£ any felony, or misdemeanour after having been previously
convicted of felony
or misdemeanour, it shall be lawful for the Magistrate to direct that, in
addition to any
other. punishment to which lie may be sentenced, such offender shall be
once or twice
publicly or privately whipped. [Repealed by Ordinance No. 1 of 1863.]
Ofticns of Chief
and Assistant
Magistrates
abolished.
'fno Police
Magistrates
Ni.heinted.
Ordinance No. 1
of 1&4fl repealed,
except so far as
it repeals Ho. c
of 1847.
Crimes and
offences triable
under this
Ordinance. '
Proviso reserving
power to commit
to Smpreme
court-,
Limit of
punishment by
Magistrate.
Corporal
I Inighnient in
)I addition.
ORDINANCE No. 6 OF 1862.
Chief Magistrate and Assistant Magistrate-Abolition.
A-Lanner in wnlch 6. Whenever corporal punishment shall be inflicted under
this or any other
u,rpota1
punishment is to Ordinance, such punishment shall in no case exceed
thirty-six blows with a rattan,
be lnftieted.
to be inflicted in the presence of the Governor of the Gaol, or
Superintendent of Police,
or other officer of Police appointed for that purpose.
Amends ,nnyne 7, On the conviction of any person of any offence by which
injury or loss to
awarded in
:warded person or property shall have accrued, it shall be lawful for the
convicting Magistrate
Punishment.
to award reasonable amends, to be made by the offender to the person
aggrieved, by
payment, in addition to the penalty to which the offender may be liable
for the offence,
of any sum not exceeding fifty dollars, notwithstanding that the
aggrieved person may
have been examined as a witness in the case.
Recovery of rlnes 8. If any fine or any amends or compensation imposed or
awarded under this
atntl amends.
Ordinance shall not be paid on conviction, or within such time or times
as may be
determined by the Magistrate, it shall be lawful for such Magistrate to
levy tile amount
by distress on the goods and chattels of the offender. And in case the
amount of any fine
or amends or compensation, shall not be fully paid or recovered by
distress, or in case
no such distress shall have been levied or ordered, it shall be lawful
for such Magistrate
to cause the offender to by imprisoned for any period nut exceeding,
together with such
other imprisonment, if any, as may have been awarded for leis said
offence, the term of
six calendar months .in the whole.'
Power to cnnnuit
porsana nslng
htsultlng-
lan8nagp to or in
presence of
Magistrate.
compensation or
panalry fnr
sPros'
rution or false
testimony,
Recngnian ees
(other than as to
Supremo Court)
to be entreated
in <lefrrutt.
9. If any person shall use any threatening or insulting expression to or
concerning
or in the presence of a Police Magistrate or Justice of the Peace, when
acting. in the
discharge of any magisterial duty, he shall be liable to be fined by the
said Magistrate
or Justice of the Peace in an amount not exceeding fifty dollars, or to
be imprisoned
for a term not exceeding two calendar months.
10. If it shall appear to a Policy Magistrate that any charge or
complaint was
maliciously preferred, or that any witness has given false testimony, it
shall be lawful
for such Magistrate to award compensation not exceeding fifty dollars to
be paid by
such prosecutor or witness to the person aggrieved, or in his discretion
to impose on
such prosecutor or witness a fine not exceeding fifty dollars, or to
award compensation
and impose a fine not exceeding together the sum of fifty dollars.
11. Whenever any person shall enter into any recognizance or Crown bond
(except
recognizances entered into for appearance before the Supreme Court of
this Colony)
before any Magistrate, Justice of the Peace or any officer of Police, and
such
Lend or recognizance shall become forfeited, it shall be lawful for a
Magistrate to
summon the person bound by the said recognizance or bond 6efore him, and
on
satisfactory proof of forfeiture or breach of condition, to order the
said recognizance,
or bond to be entreated and to authorize a constable of this Colony to
levy the amount
or penalty of the said recognizance or bond upon the goods, chattels,
lands, and
tenements of the defaulter, and in case there shall be no sufficient
goods, chattels, lands,
or tenements to satisfy the amount of the distress warrant, the defaulter
shall be liable
to imprisonment for any term not exceeding three mouths.
No. 6 of 1862.
Chief Magistrate & Assistant Magistrate -- Abolition.
12. Section 41 of Ordinance No. 14 of 1$46 is hereby repealed, and in
every case
of the adjudication of a pecuniary penalty or amends under the same
Ordinance and
non-payment thereof, it shall be lawful for the Magistrate to cause the
offender to be
imprisoned for any term not exceeding three calendar months, [°14vith or
without hard
Zclbour' as amended by Ordinance No. 9 of 1867] such imprisonment to
cease on payment
of the sum remaining unpaid.
13. The Marine Magistrate shall have the power of a Police Magistrate to
hear
and decide all cases of assault, and assault and battery unaccompanied by
an intent
to commit felony, and any two Justices of the Peace of this Colony
sitting tdaether
shall have power to do any act or acts that a Police Magistrate is by
this Ordinance
authorized and empowered to do.
14. This Ordinance shall not come into operation until Proclamation be
made to snaren,lins
Clause.
that effect by command of His Excellency the Governor, and published in
the Hongleong
Governmeut Gazette.
(In force by Proclamation 7th July, 1860, and tom same date: Repealed by
Ordinance No. 16 of 1875.]
Title.
Preamble.
Officers of Chief and Assistant Magistrates abolished.
Two Police Magistrates appointed.
Ordinance No. 1 of 1849 repealed, except so far as it repeals No. 6 of 1847.
Crimes and offences triable under this Ordinance.
Proviso reserving power to commit to Supreme Court.
Limit of punishment by Magistrates.
Corporal punishment in addition.
Manner in which corporal punishment is to be inflicted.
Amends may be awarded in addition to punishment.
Recovery of fines and amends.
Power to commit persons using insulting language to or in presence of Magistrate.
Compensation or penalty for malicious prosecuton or false testimony.
Recognizances (other than as to Supreme Court ) to be estreated in default.
505
Imprisonment for non-payment of fines.
Marine Magistrate or two Justices of the Peace to have power of one Police Magistrate.
Supending clause.
Abstract
Title.
Preamble.
Officers of Chief and Assistant Magistrates abolished.
Two Police Magistrates appointed.
Ordinance No. 1 of 1849 repealed, except so far as it repeals No. 6 of 1847.
Crimes and offences triable under this Ordinance.
Proviso reserving power to commit to Supreme Court.
Limit of punishment by Magistrates.
Corporal punishment in addition.
Manner in which corporal punishment is to be inflicted.
Amends may be awarded in addition to punishment.
Recovery of fines and amends.
Power to commit persons using insulting language to or in presence of Magistrate.
Compensation or penalty for malicious prosecuton or false testimony.
Recognizances (other than as to Supreme Court ) to be estreated in default.
505
Imprisonment for non-payment of fines.
Marine Magistrate or two Justices of the Peace to have power of one Police Magistrate.
Supending clause.
Preamble.
Officers of Chief and Assistant Magistrates abolished.
Two Police Magistrates appointed.
Ordinance No. 1 of 1849 repealed, except so far as it repeals No. 6 of 1847.
Crimes and offences triable under this Ordinance.
Proviso reserving power to commit to Supreme Court.
Limit of punishment by Magistrates.
Corporal punishment in addition.
Manner in which corporal punishment is to be inflicted.
Amends may be awarded in addition to punishment.
Recovery of fines and amends.
Power to commit persons using insulting language to or in presence of Magistrate.
Compensation or penalty for malicious prosecuton or false testimony.
Recognizances (other than as to Supreme Court ) to be estreated in default.
505
Imprisonment for non-payment of fines.
Marine Magistrate or two Justices of the Peace to have power of one Police Magistrate.
Supending clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/170
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 6 of 1862
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHIEF MAGISTRATE AND ASSISTANT MAGISTRATE -- ABOLITION ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 1, 2025, https://oelawhk.lib.hku.hk/items/show/170.
