MAGISTRATES ORDINANCE, 1875
Title
MAGISTRATES ORDINANCE, 1875
Description
ORDINANCE No. 16 of 1875.
Magistrates.
No. 16 of 1875.
An Ordinance to an rend and consolidate the laws concerning Title.
the jurisdiction of Magistrates over indictable offences
and for other purposes.
205th November, 1 875.]
WflEREAS recent investigations have raised a doubt as to the va- Preamble.
lidity of the jurisdiction hitherto exercised by Police Magistrates
under Ordinances 6 of 186 2 and 1 of 1863: Be it enacted by the Governor
of Hongkong, with the, advice of the Legislative Council thereof, as
follows
1. This Ordinance may be cited as 'The Magistrates Ordinance, short title.
1875. ly
2. The expression 'Indictable,' as used in this Ordinance, includes
proceedings by information, and the expression ' Magistrate' means
Police Magistrate, unless the context indicates the contrary.
3, There shall as heretofore be two Police Magistrates; the Magis-
trates now in office are continued therein as fully as if they mere
appointed
hereunder, and the Governor may appoint others from dune to time, -as
vacancies occur.
4. The Police Magistrates shall be Justices of the Peace by virtue
of their office, and shall have and may exercise all such powers and,
jurisdiction as were vested in the Police Magistrates at the time of the
passing of this Ordinance, except so far as they are hereby altered or
repealed.
5: Whenever any person is brought before ,a .Magistrate charged
magistrates,
may convict
wvith having committed, whether before or after the passing of this Ordi-
summarily for
certain indict-'
nance, any indictable offence, not being one of the following offences,
able offences.
that is,to say: ---- , of 1862.)
(See s. 4 of 6
Interpreta-
tion.
police
Magistrates.,,
Powers of
Police
Magistrates
continued.
Any offence which is punishable with death ; .
Any offence (except burglary) which.is punishable with penal
servitude for life ;
Any offence wfich is committed within the jurisdiction of the
Admiralty ;
Any felony mentioned in Ordinance No. 1 of 1868. A
Misprision of treason;
ORDINANCE !No. .l.v of 175.
Magistrates.
Any offence against the queen's title, prerogative, person, or
Government;
Blasphemy and offences ay Limst religion ;
Perjury and subornation of perjury ;
Making or suborning any other person to- make a false oath,
affirmation, or declaration punishable as perjury, or as a
misdemeanor;
Any offence against any provision of the laws relating to bank-
rupts;
Composing, printing, or publishing blasphemous, seditious, or
defamatory libels;
Defamation ;
Bigamy;
Bribery ;
Arson;
Forgery
Stealing or fraudulently taking or injuring or destroying records
or documents belonging to any Court of Record or relating
to any proceeding therein;
Stealing, or .fraudulently destroying or concealing wills or
testamentary papers or any document or vTritten~ instru-
ment being or containing evidence of the title to any lands,
or any interest in lands, tenements, or, hereditaments
Or any offence commuted by trustees, abents, bankers, or factors
and mentioned , in any section between the sixtieth and.
seventy-first sections both inclusive;) _of the Ordinance
No. 7 of 1865, .(larceny),
the Magistrate, instead of committing the offender for trial to the
Supreme
Court, may convict him summarily, and upon such conviction in~
sentence the offender to be imprisoned for =any term not eceediht
six .
months 'with or without hard labour, or to pay a f ne not exceeding ftfty
`
dollars, or to be imprisoned with or without hard labour and to, pair a
fine,
for any term and amount not exceeding six months aud.fifty dollars:
The Magistrate may also direct that the offender be kept in solitary`:
~confi-nement for any portion. of his term of iniprisomnent not
exceeding,,,
fourteen days at any one time and not exceeding one month in the whole:
The Magistrate may nevertheless, if'lie thinks fit, commit any such
person for trial to the Supreme Court.
ORDINANCE No. 16 cF 1875.
Magistrates.
$. Whenever an offender is convicted by a Magistrate of a common
assault, the Magistrate may sentence hiui to be imprisoned for any term
not exceeding one year with oPwithout hard labour, but without fine, if
the term of sentence exceeds six months..
7. Whenever any male offender is convicted by a Magistrate under the
powers
herein conferred of any of the following offences a second tine, or under
aggravated
circumstances, that is to say:-
Indecent assault,
Indecent exposure of his person,
Assault with intent to rob,
Common assault, committed in a brothel,
Common assault, committed afor in connection with any riotous assemblage,
Malicious injury to property;
or, under the Magistrates' summary jurisdiction, of either of the
following offences a
second time, or under aggravated circumstances, that is to say:--
Indecent exposure of his person,
Malicious injury to property;
the Magistrate may, in addition to any other punishment, sentence the
offender to be
.once or twice publicly or privately whipped. [Repealed by Ordinance No.
3 of 1881:]
$. Whenever any male offender, whose age appears to the Magistrate
not to exceed sixteen years, is convicted, under the powers herein con-
ferred, of larceny, or of any offence which now or at any time hereafter
is by- law deeme;l or declared to be simple larceny or punishable as
simple,
larceny, the convicting Magistrate may sentence him to be once or twice
privately whipped with any number of strobes not exceeding twenty,. in'
lieu of or in addition to any other punishment to which such offender is
liable. .,e~ 0°dn~L
p 9. Whenev~zcglstlate irlayte under._._lhis or a;ny other Ordinance
?0111' for ally t(
,sentences an. offe: sped, he shall, in his sentence, specify the
number. of stru''' 8 °f ~ ~~ J, and such number shall not, in any case,
emceed thirty-six . ;hall be inflicted with a rattan.
-
Magistra, tes
may award a
year°s impri-
sonment for
common
assault.
(See s. 41 of 4
of 1ss5.)
Magistrates mug
award whipping
in certain cases.
(See s. 2 of 1 of
13(33.)
Juvenile, `.
thieves may
be whipped.
(Sees. 6 of 9
of 1867.)
Amount of
whipping,and
mode of
infliction.
(See s. 6 of 6
of 1862.)
u.w=
1 Q: A Mag~strate may sL,ntenee any offender to be publicly exposed
Punishment
of the stocks.
in the stocks for any period not exceeding six hours; in lieu of the
whole (see s. .'26,of
any, part of `an p ppnsbjnent to which such offender is liable under this
p 1~ °f 1&44.)
.or
,or and other t~r~.ia
a~A!E; or ,in addition thereto.
11. On tb e~.cc~yi~tion of any person of any offence by which
injury Compensa-
tion may be
,or loss to person or property shall have accrued, the convicting
Magistrate ,waded in
ORDINANCE No. 16 of 1875.
T'ourers of two
Magistrates.
(See s: 3 of 1
ef 186~.~ ,
(~'ec s. 8 of 3
of 1868
magistrates.
a4aition to may order the offender to pay to the person aggrieved
reasonable com-
pt~ishznerit.
(See862 s. 7 of 6 perinsation not exceeding fifty dollars, in addition to
any penalty or punish--
ment to which he is sentenced.
Rbcovery of 12, If any offender convicted under this Ordinance fails to
pay any
fines and
ahaendg. fine or compensation on conviction= or within such further time
as the
'(S1862)of 6 Magistrate allows, the 1~T agistrate may cause the amount to
be levied by
distress on the- goods and chattels of the offender ;
Or may order that the offender be imprisoned with or without hard
labour for any period not exceeding, together with any other imprison-
ment to which he is sentenced for his offence, the term of six months in
the whole, unless the amount be sooner paid ;
. And in case the amount be not fully recovered by distress, the Ma-
~istrate may order that the offender be imprisoned with or without hard
labour for the like period, unless the amount be sooner paid.
,13. Whenever any person is brought before two Magistrates sitting
together charged with stealing from the person, or with any offence
against the provisions of sections 49, 50, or 51 of the Ordinance No. 4 of
1$65, (offences against the person), the Magistrates may, if they think
fit, summarily convict the offender, and sentence him to be imprisoned
for any term not exceeding two years with or without hard labour, or
they may commit him in the usual way for trial to the Supreme Court.
Powers of ' 14, The Marine 1llagistrate shall have the power car a Police
illagis-
Marine Magis- .
t~te. Irate to hear and determine cases of assault, and assault and battery
unaccompanied by an intent torconlmit felony.
15. Any two Jastiees of the Peace of this Colony sitting together,.
;s by this Ordinance
Any two Jus-
tices of the
,1'eke to have
o7er of one
01i6e Magis-
#nate.
Power tocom. 16. If any person uses any threaten ng expression to
-
init persona
using insult- - Or concerning', or in tile presence of a 'Ma Magistrate, or
or in pre-
to Justice -of tile Peace, when acting m th .. y any magisterial
fi TICe of
pre- Justice of the Peace, when acting in th any magisterial
Magistrate. duty, the said Magistrate or Justice of the pace may
sum, sentence
xss2.jf 6 of the offender to 17e imprisoned with or without hard: labour
for any term
not exceeding two months, or to pay a fine of ayy anE7ount-not exceeding
fifty dollars: and if such fine be not paid forthwith ,r the laid
Magistrate
or Justice of the Peace may order that the offender, he imprisoned for any
tern not exceeding two months unless tine amount- be sooner paid. [As :7
to Powers of one 3Tagastrcrte see Ordinance 110. 8 ~f 1889.1
shall have power to do any act that a
authorised and empowered to do.
ORDINANCE No. 16 OF 1375.
Magistrates.
17. If it appears to a 11agistrate, or Marine Magistrate, that any
-charge or complaint was maliciously preferred, or that any witness has
given false testinnony, such - AIn:gi-str.an ~ia order the complainant or
witness to pay to the person aggrieved reasonable compensation not
-excee7ding fifty dollars, or, in his discretion, nay order such
complainant
or witness to pay a fine,not exceeding fifty dollars, or to pay
compensation
and a fine not exceeding together the sum of fifty dollars.
18. No conviction under this Ordinapce shall be quaslled.for want
of form, or be removed by certiorari, and no warrant of commitment shall
be held void by- reason of any defect therein, provided it be therein'
alleged that. the party has been convicted, and there be a good and valid
conviction to sustain the same. ',
19. Wherever any person enters ,into any recoguizaiice or Crown
bond (except recognizances entered into for appearance before the Supreme
ffi
Court) before any Magistrate, Justice of the Peace, or any a cex of _
Police, and such bond or recognizance becomes forfeited, -a Magistrate
inay.
summon the person bound by the said recognizance or bond before him,
and on satisfactory proof of forfeiture or breach of condition,,~n'
'`order
the said recognizance or bond to be estreated, and may issue his warrant
to levy the amount or penalty of the said recognizance or bond by distress
upon the goods, chattels, lands, and tenements of the defaultet',-'.~nd in
case there shall be no sufficient goods, chattels, lands, or tenements to
satisfy the amount of the distress warrant, may order that the defaulter
be imprisoned for any term not exceeding three months.
20. Whenever a Magistrate awards a pecuniary penalty or amends
for any offence under Ordinance No. 14 of 1845, and the same is not paid.
forthwith, the Magistrate may commit the offender to prison with or
without hard labour for any terln not exceeding three [`1 6' as amended
-by Ordinance No. 8 of 1889] months, unless the sum remaining unpaid
be sooner paid. _
21. If any. Magistrate has, since the passing of the Ordinance No.
-of 1862, heard, tried and determined in a summary way any crime, MIS-
demeanour, or offence, which was not within the powers and jurisdiction
-exerciseable by him undzr the said Ordinance, or Ordinance No. 1 of
1863, but was within the powers and jurisdiction formerly had and
exercised by the Court of Petty Sessions, every such hearing, trial and
,determination, if in other respects according to law, is hereby declared
to
'141?
Compensa-
tion orpenalty
for malicious
prosecution
or false
testimony.
(S. to of 6.of
1862.)
N o conviction
or warrant to
be duaslacadfor
«-ant of form.
(5. 66 of 4 of
186ii.)
Iiecobniz-
ances (other
than -,s to
Supreme
Court) to be
entreated in
default.
(S.11of6of
1862.)
Imprison-
ment for non-
payment of
fines under
Ordinance 14
of. 1846.
[S.12of6of
1862, and. 4 of
9 of 1867.]
Protecting
agistrates
respect of..
~,y excess of
ITi iction.
Ordinance No. 16 of 1875.
Magistrates.
be good and valid; and all Magistrates, gaolers .a.nd other persons what-
soever are hereby indenified and =hehd~ harmless` ih respect of every act,
matter, or thing do ~~... -~ -bir- gfi-~ p off' ~~m,Y~ inlursua.nce of any
hearing, trial, or determination herely kyddto lie valid.
22, The foll9wing Ordinances and parts of Ordinances are hereby-
repealed:
--= .
1.0 of 1844 ... .... Section 25.
6 of 1862 ...
1 of 183?,.,) The whole.
4 of 1865, Section 4 1, the words ' or of a Police Magistrate.'
Section 4.
9wf L$67, Section 6, the words '.whether summarily or-
, t otherwise.' _ r
3af,1$ f 8, .. . ... Section 3.
Bat' s4eh repeal shall not revive any enactment repealed by any of the
said Crdin~n'ces or sections, and shall not affect anything duly done
before
o~.,_opled by Ordi7aa.nce No. 10 of 1890 as fionx the 1st January,
1891,~subjert`
toFer Majesty's Oght of disallowance.
1413
Title.
Preamble.
Short title.
Interpretation.
Police of Police Magistrates continued.
Magistrates may convict summarily for certain indictable offences.
(See s. 4 of 6 of 1862.)
1415
Magistrates may award a year's imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile thieves may be whipped.
(See s. 6 of 9 of 1867.)
Amount of whipping, and mode of infliction.
(See s. 6 of 6 of 1862.)
Punishment of the stocks.
(See s. 25 of 10 of 1844.)
Compensation may be awarded in
1416
addition to punishment.
(See s. 7 of 6 of 1862.)
Recovery of fines and amends.
(See s. 8 of 6 of 1862.)
Powers of two Magistrates.
(See s. 3 of 1 of 1863.)
(See s. 3 of 3 of 1868.)
Powers of Marine Magistrate.
Any two Justices of the Peace to have power of one Police Magistrate.
Power to commit persons using insulting language to or in presence of Magistrate.
(s. 9 of 6 of 1862.)
1417
Compensation or penalty for malicious prosecution or false testimony.
(s. 10 of 6 of 1862.)
No conviction or warrant to be quashed for want of form.
(s. 66 of 4 of 1865.)
Recognizances (other than as to Supreme Court ) to be estreated in default.
(s. 1 of 6 of 1862.)
Imprisonment for non-payment of fines under Ordinance 14 of 1845.
[s. 12 of 6 of 1862, and 4 of 9 of 1867.]
Protecting Magistrates in respect of any excess of jurisdiction.
1418
Repeal.
Magistrates.
No. 16 of 1875.
An Ordinance to an rend and consolidate the laws concerning Title.
the jurisdiction of Magistrates over indictable offences
and for other purposes.
205th November, 1 875.]
WflEREAS recent investigations have raised a doubt as to the va- Preamble.
lidity of the jurisdiction hitherto exercised by Police Magistrates
under Ordinances 6 of 186 2 and 1 of 1863: Be it enacted by the Governor
of Hongkong, with the, advice of the Legislative Council thereof, as
follows
1. This Ordinance may be cited as 'The Magistrates Ordinance, short title.
1875. ly
2. The expression 'Indictable,' as used in this Ordinance, includes
proceedings by information, and the expression ' Magistrate' means
Police Magistrate, unless the context indicates the contrary.
3, There shall as heretofore be two Police Magistrates; the Magis-
trates now in office are continued therein as fully as if they mere
appointed
hereunder, and the Governor may appoint others from dune to time, -as
vacancies occur.
4. The Police Magistrates shall be Justices of the Peace by virtue
of their office, and shall have and may exercise all such powers and,
jurisdiction as were vested in the Police Magistrates at the time of the
passing of this Ordinance, except so far as they are hereby altered or
repealed.
5: Whenever any person is brought before ,a .Magistrate charged
magistrates,
may convict
wvith having committed, whether before or after the passing of this Ordi-
summarily for
certain indict-'
nance, any indictable offence, not being one of the following offences,
able offences.
that is,to say: ---- , of 1862.)
(See s. 4 of 6
Interpreta-
tion.
police
Magistrates.,,
Powers of
Police
Magistrates
continued.
Any offence which is punishable with death ; .
Any offence (except burglary) which.is punishable with penal
servitude for life ;
Any offence wfich is committed within the jurisdiction of the
Admiralty ;
Any felony mentioned in Ordinance No. 1 of 1868. A
Misprision of treason;
ORDINANCE !No. .l.v of 175.
Magistrates.
Any offence against the queen's title, prerogative, person, or
Government;
Blasphemy and offences ay Limst religion ;
Perjury and subornation of perjury ;
Making or suborning any other person to- make a false oath,
affirmation, or declaration punishable as perjury, or as a
misdemeanor;
Any offence against any provision of the laws relating to bank-
rupts;
Composing, printing, or publishing blasphemous, seditious, or
defamatory libels;
Defamation ;
Bigamy;
Bribery ;
Arson;
Forgery
Stealing or fraudulently taking or injuring or destroying records
or documents belonging to any Court of Record or relating
to any proceeding therein;
Stealing, or .fraudulently destroying or concealing wills or
testamentary papers or any document or vTritten~ instru-
ment being or containing evidence of the title to any lands,
or any interest in lands, tenements, or, hereditaments
Or any offence commuted by trustees, abents, bankers, or factors
and mentioned , in any section between the sixtieth and.
seventy-first sections both inclusive;) _of the Ordinance
No. 7 of 1865, .(larceny),
the Magistrate, instead of committing the offender for trial to the
Supreme
Court, may convict him summarily, and upon such conviction in~
sentence the offender to be imprisoned for =any term not eceediht
six .
months 'with or without hard labour, or to pay a f ne not exceeding ftfty
`
dollars, or to be imprisoned with or without hard labour and to, pair a
fine,
for any term and amount not exceeding six months aud.fifty dollars:
The Magistrate may also direct that the offender be kept in solitary`:
~confi-nement for any portion. of his term of iniprisomnent not
exceeding,,,
fourteen days at any one time and not exceeding one month in the whole:
The Magistrate may nevertheless, if'lie thinks fit, commit any such
person for trial to the Supreme Court.
ORDINANCE No. 16 cF 1875.
Magistrates.
$. Whenever an offender is convicted by a Magistrate of a common
assault, the Magistrate may sentence hiui to be imprisoned for any term
not exceeding one year with oPwithout hard labour, but without fine, if
the term of sentence exceeds six months..
7. Whenever any male offender is convicted by a Magistrate under the
powers
herein conferred of any of the following offences a second tine, or under
aggravated
circumstances, that is to say:-
Indecent assault,
Indecent exposure of his person,
Assault with intent to rob,
Common assault, committed in a brothel,
Common assault, committed afor in connection with any riotous assemblage,
Malicious injury to property;
or, under the Magistrates' summary jurisdiction, of either of the
following offences a
second time, or under aggravated circumstances, that is to say:--
Indecent exposure of his person,
Malicious injury to property;
the Magistrate may, in addition to any other punishment, sentence the
offender to be
.once or twice publicly or privately whipped. [Repealed by Ordinance No.
3 of 1881:]
$. Whenever any male offender, whose age appears to the Magistrate
not to exceed sixteen years, is convicted, under the powers herein con-
ferred, of larceny, or of any offence which now or at any time hereafter
is by- law deeme;l or declared to be simple larceny or punishable as
simple,
larceny, the convicting Magistrate may sentence him to be once or twice
privately whipped with any number of strobes not exceeding twenty,. in'
lieu of or in addition to any other punishment to which such offender is
liable. .,e~ 0°dn~L
p 9. Whenev~zcglstlate irlayte under._._lhis or a;ny other Ordinance
?0111' for ally t(
,sentences an. offe: sped, he shall, in his sentence, specify the
number. of stru''' 8 °f ~ ~~ J, and such number shall not, in any case,
emceed thirty-six . ;hall be inflicted with a rattan.
-
Magistra, tes
may award a
year°s impri-
sonment for
common
assault.
(See s. 41 of 4
of 1ss5.)
Magistrates mug
award whipping
in certain cases.
(See s. 2 of 1 of
13(33.)
Juvenile, `.
thieves may
be whipped.
(Sees. 6 of 9
of 1867.)
Amount of
whipping,and
mode of
infliction.
(See s. 6 of 6
of 1862.)
u.w=
1 Q: A Mag~strate may sL,ntenee any offender to be publicly exposed
Punishment
of the stocks.
in the stocks for any period not exceeding six hours; in lieu of the
whole (see s. .'26,of
any, part of `an p ppnsbjnent to which such offender is liable under this
p 1~ °f 1&44.)
.or
,or and other t~r~.ia
a~A!E; or ,in addition thereto.
11. On tb e~.cc~yi~tion of any person of any offence by which
injury Compensa-
tion may be
,or loss to person or property shall have accrued, the convicting
Magistrate ,waded in
ORDINANCE No. 16 of 1875.
T'ourers of two
Magistrates.
(See s: 3 of 1
ef 186~.~ ,
(~'ec s. 8 of 3
of 1868
magistrates.
a4aition to may order the offender to pay to the person aggrieved
reasonable com-
pt~ishznerit.
(See862 s. 7 of 6 perinsation not exceeding fifty dollars, in addition to
any penalty or punish--
ment to which he is sentenced.
Rbcovery of 12, If any offender convicted under this Ordinance fails to
pay any
fines and
ahaendg. fine or compensation on conviction= or within such further time
as the
'(S1862)of 6 Magistrate allows, the 1~T agistrate may cause the amount to
be levied by
distress on the- goods and chattels of the offender ;
Or may order that the offender be imprisoned with or without hard
labour for any period not exceeding, together with any other imprison-
ment to which he is sentenced for his offence, the term of six months in
the whole, unless the amount be sooner paid ;
. And in case the amount be not fully recovered by distress, the Ma-
~istrate may order that the offender be imprisoned with or without hard
labour for the like period, unless the amount be sooner paid.
,13. Whenever any person is brought before two Magistrates sitting
together charged with stealing from the person, or with any offence
against the provisions of sections 49, 50, or 51 of the Ordinance No. 4 of
1$65, (offences against the person), the Magistrates may, if they think
fit, summarily convict the offender, and sentence him to be imprisoned
for any term not exceeding two years with or without hard labour, or
they may commit him in the usual way for trial to the Supreme Court.
Powers of ' 14, The Marine 1llagistrate shall have the power car a Police
illagis-
Marine Magis- .
t~te. Irate to hear and determine cases of assault, and assault and battery
unaccompanied by an intent torconlmit felony.
15. Any two Jastiees of the Peace of this Colony sitting together,.
;s by this Ordinance
Any two Jus-
tices of the
,1'eke to have
o7er of one
01i6e Magis-
#nate.
Power tocom. 16. If any person uses any threaten ng expression to
-
init persona
using insult- - Or concerning', or in tile presence of a 'Ma Magistrate, or
or in pre-
to Justice -of tile Peace, when acting m th .. y any magisterial
fi TICe of
pre- Justice of the Peace, when acting in th any magisterial
Magistrate. duty, the said Magistrate or Justice of the pace may
sum, sentence
xss2.jf 6 of the offender to 17e imprisoned with or without hard: labour
for any term
not exceeding two months, or to pay a fine of ayy anE7ount-not exceeding
fifty dollars: and if such fine be not paid forthwith ,r the laid
Magistrate
or Justice of the Peace may order that the offender, he imprisoned for any
tern not exceeding two months unless tine amount- be sooner paid. [As :7
to Powers of one 3Tagastrcrte see Ordinance 110. 8 ~f 1889.1
shall have power to do any act that a
authorised and empowered to do.
ORDINANCE No. 16 OF 1375.
Magistrates.
17. If it appears to a 11agistrate, or Marine Magistrate, that any
-charge or complaint was maliciously preferred, or that any witness has
given false testinnony, such - AIn:gi-str.an ~ia order the complainant or
witness to pay to the person aggrieved reasonable compensation not
-excee7ding fifty dollars, or, in his discretion, nay order such
complainant
or witness to pay a fine,not exceeding fifty dollars, or to pay
compensation
and a fine not exceeding together the sum of fifty dollars.
18. No conviction under this Ordinapce shall be quaslled.for want
of form, or be removed by certiorari, and no warrant of commitment shall
be held void by- reason of any defect therein, provided it be therein'
alleged that. the party has been convicted, and there be a good and valid
conviction to sustain the same. ',
19. Wherever any person enters ,into any recoguizaiice or Crown
bond (except recognizances entered into for appearance before the Supreme
ffi
Court) before any Magistrate, Justice of the Peace, or any a cex of _
Police, and such bond or recognizance becomes forfeited, -a Magistrate
inay.
summon the person bound by the said recognizance or bond before him,
and on satisfactory proof of forfeiture or breach of condition,,~n'
'`order
the said recognizance or bond to be estreated, and may issue his warrant
to levy the amount or penalty of the said recognizance or bond by distress
upon the goods, chattels, lands, and tenements of the defaultet',-'.~nd in
case there shall be no sufficient goods, chattels, lands, or tenements to
satisfy the amount of the distress warrant, may order that the defaulter
be imprisoned for any term not exceeding three months.
20. Whenever a Magistrate awards a pecuniary penalty or amends
for any offence under Ordinance No. 14 of 1845, and the same is not paid.
forthwith, the Magistrate may commit the offender to prison with or
without hard labour for any terln not exceeding three [`1 6' as amended
-by Ordinance No. 8 of 1889] months, unless the sum remaining unpaid
be sooner paid. _
21. If any. Magistrate has, since the passing of the Ordinance No.
-of 1862, heard, tried and determined in a summary way any crime, MIS-
demeanour, or offence, which was not within the powers and jurisdiction
-exerciseable by him undzr the said Ordinance, or Ordinance No. 1 of
1863, but was within the powers and jurisdiction formerly had and
exercised by the Court of Petty Sessions, every such hearing, trial and
,determination, if in other respects according to law, is hereby declared
to
'141?
Compensa-
tion orpenalty
for malicious
prosecution
or false
testimony.
(S. to of 6.of
1862.)
N o conviction
or warrant to
be duaslacadfor
«-ant of form.
(5. 66 of 4 of
186ii.)
Iiecobniz-
ances (other
than -,s to
Supreme
Court) to be
entreated in
default.
(S.11of6of
1862.)
Imprison-
ment for non-
payment of
fines under
Ordinance 14
of. 1846.
[S.12of6of
1862, and. 4 of
9 of 1867.]
Protecting
agistrates
respect of..
~,y excess of
ITi iction.
Ordinance No. 16 of 1875.
Magistrates.
be good and valid; and all Magistrates, gaolers .a.nd other persons what-
soever are hereby indenified and =hehd~ harmless` ih respect of every act,
matter, or thing do ~~... -~ -bir- gfi-~ p off' ~~m,Y~ inlursua.nce of any
hearing, trial, or determination herely kyddto lie valid.
22, The foll9wing Ordinances and parts of Ordinances are hereby-
repealed:
--= .
1.0 of 1844 ... .... Section 25.
6 of 1862 ...
1 of 183?,.,) The whole.
4 of 1865, Section 4 1, the words ' or of a Police Magistrate.'
Section 4.
9wf L$67, Section 6, the words '.whether summarily or-
, t otherwise.' _ r
3af,1$ f 8, .. . ... Section 3.
Bat' s4eh repeal shall not revive any enactment repealed by any of the
said Crdin~n'ces or sections, and shall not affect anything duly done
before
o~.,_opled by Ordi7aa.nce No. 10 of 1890 as fionx the 1st January,
1891,~subjert`
toFer Majesty's Oght of disallowance.
1413
Title.
Preamble.
Short title.
Interpretation.
Police of Police Magistrates continued.
Magistrates may convict summarily for certain indictable offences.
(See s. 4 of 6 of 1862.)
1415
Magistrates may award a year's imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile thieves may be whipped.
(See s. 6 of 9 of 1867.)
Amount of whipping, and mode of infliction.
(See s. 6 of 6 of 1862.)
Punishment of the stocks.
(See s. 25 of 10 of 1844.)
Compensation may be awarded in
1416
addition to punishment.
(See s. 7 of 6 of 1862.)
Recovery of fines and amends.
(See s. 8 of 6 of 1862.)
Powers of two Magistrates.
(See s. 3 of 1 of 1863.)
(See s. 3 of 3 of 1868.)
Powers of Marine Magistrate.
Any two Justices of the Peace to have power of one Police Magistrate.
Power to commit persons using insulting language to or in presence of Magistrate.
(s. 9 of 6 of 1862.)
1417
Compensation or penalty for malicious prosecution or false testimony.
(s. 10 of 6 of 1862.)
No conviction or warrant to be quashed for want of form.
(s. 66 of 4 of 1865.)
Recognizances (other than as to Supreme Court ) to be estreated in default.
(s. 1 of 6 of 1862.)
Imprisonment for non-payment of fines under Ordinance 14 of 1845.
[s. 12 of 6 of 1862, and 4 of 9 of 1867.]
Protecting Magistrates in respect of any excess of jurisdiction.
1418
Repeal.
Abstract
1413
Title.
Preamble.
Short title.
Interpretation.
Police of Police Magistrates continued.
Magistrates may convict summarily for certain indictable offences.
(See s. 4 of 6 of 1862.)
1415
Magistrates may award a year's imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile thieves may be whipped.
(See s. 6 of 9 of 1867.)
Amount of whipping, and mode of infliction.
(See s. 6 of 6 of 1862.)
Punishment of the stocks.
(See s. 25 of 10 of 1844.)
Compensation may be awarded in
1416
addition to punishment.
(See s. 7 of 6 of 1862.)
Recovery of fines and amends.
(See s. 8 of 6 of 1862.)
Powers of two Magistrates.
(See s. 3 of 1 of 1863.)
(See s. 3 of 3 of 1868.)
Powers of Marine Magistrate.
Any two Justices of the Peace to have power of one Police Magistrate.
Power to commit persons using insulting language to or in presence of Magistrate.
(s. 9 of 6 of 1862.)
1417
Compensation or penalty for malicious prosecution or false testimony.
(s. 10 of 6 of 1862.)
No conviction or warrant to be quashed for want of form.
(s. 66 of 4 of 1865.)
Recognizances (other than as to Supreme Court ) to be estreated in default.
(s. 1 of 6 of 1862.)
Imprisonment for non-payment of fines under Ordinance 14 of 1845.
[s. 12 of 6 of 1862, and 4 of 9 of 1867.]
Protecting Magistrates in respect of any excess of jurisdiction.
1418
Repeal.
Title.
Preamble.
Short title.
Interpretation.
Police of Police Magistrates continued.
Magistrates may convict summarily for certain indictable offences.
(See s. 4 of 6 of 1862.)
1415
Magistrates may award a year's imprisonment for common assault.
(See s. 41 of 4 of 1865.)
Magistrates may award whipping in certain cases.
(See s. 2 of 1 of 1863.)
Juvenile thieves may be whipped.
(See s. 6 of 9 of 1867.)
Amount of whipping, and mode of infliction.
(See s. 6 of 6 of 1862.)
Punishment of the stocks.
(See s. 25 of 10 of 1844.)
Compensation may be awarded in
1416
addition to punishment.
(See s. 7 of 6 of 1862.)
Recovery of fines and amends.
(See s. 8 of 6 of 1862.)
Powers of two Magistrates.
(See s. 3 of 1 of 1863.)
(See s. 3 of 3 of 1868.)
Powers of Marine Magistrate.
Any two Justices of the Peace to have power of one Police Magistrate.
Power to commit persons using insulting language to or in presence of Magistrate.
(s. 9 of 6 of 1862.)
1417
Compensation or penalty for malicious prosecution or false testimony.
(s. 10 of 6 of 1862.)
No conviction or warrant to be quashed for want of form.
(s. 66 of 4 of 1865.)
Recognizances (other than as to Supreme Court ) to be estreated in default.
(s. 1 of 6 of 1862.)
Imprisonment for non-payment of fines under Ordinance 14 of 1845.
[s. 12 of 6 of 1862, and 4 of 9 of 1867.]
Protecting Magistrates in respect of any excess of jurisdiction.
1418
Repeal.
Identifier
https://oelawhk.lib.hku.hk/items/show/352
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 16 of 1875
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MAGISTRATES ORDINANCE, 1875,” Historical Laws of Hong Kong Online, accessed May 13, 2025, https://oelawhk.lib.hku.hk/items/show/352.
