MAGISTRATES -- SUMMARY JURISDICTION ORDINANCE
Title
MAGISTRATES -- SUMMARY JURISDICTION ORDINANCE
Description
ORDINANCE \ o. 6 of 1847.
Bfagistrates--Summary Jurisdiction.
No. 6 of 1847.
An Ordinance for e:ctendingethe Summary Jurisdiction of Police Magi's-
Titie.
trates and Justices of the Peace within the Colony of Hongkong.
9th September, 1847.]
'HEREAS it is desirable to extend the jurisdiction of the Magistrates of
the Preamble.
Colony of Hongkong, with a view to diminish the number of prisoners from
time to time in jail, and to lessen the expense attending the detention
of Crown
witnesses
1. Be it therefore enacted and ordained by His Excellency the Governor
with the
advice of the Legislative Council of Hongkong, that from and after the
passing of this
Ordinance, whenever, on the investigation of any criminal charge, it
shall appear to
any Magistrate or Justice of the Peace that the ends of justice would be
answered by
the infliction of a fine not to exceed in any case the sum of fifty
pounds, and imprison.
went not to exceed three calendar months, with or without hard labour, or
solitary
confinement not exceeding one month at a time, or in the case of Chinese
by one, two,
or three public or private whippings, in addition to or in lieu of the
punishments
aforesaid, or those authorized by Ordinance No. 10 0£ 1844, intituled,
'An Ordinance
to regulate Summary Proceedings before Justices of the Peace, and to
protect Justices
in the execution of their office;' it shall and may be lawful for the
said Magistrate, if
he should think fit, to call to his assistance one or more other
Magistrates or Justices
of the Peace of the said Colony, and shall by himself or in conjunction
with the said,
other Magistrate or Justice of the Peace try and determine the case in a
summary
manner, provided it be one over which the Magistrates sitting in a Court
of General or
(,quarter Sessions in England have now jurisdiction.
2. And be it further enacted and ordained, that if any pecuniary fine or
penalty
imposed by this or by any other ordinance now in force in the Colony of
Hongkong
and its dependencies, shall not be paid on conviction, the said
Magistrate or Magistrates,
Justice or Justices, shall commit the person convicted to the jail or
public prison, there
to be kept at hand labour for any time not to exceed three months, as the
said
Magistrates or Justices shall think fit to direct, unless such pecuniary
fine or penalty
shall be sooner paid; or the said Magistrate or Magistrates, or Justice
or Justices,
may send the person convicted to the jail or public prison, there to
remain for three
days, exclusive of the day of commitment, with an order that within the
said time the
person so convicted shall be once or twice publicly whipped at the market
or other
public place. .
3. And be it further enacted and ordained, that every person making use
of any persons using
insulting exprea
insulting or indecent expression in Chinese or in any other language
before the said aionP before the _
Magistrates or Justices shall be liable to a fine not exceeding ten
pounds, and in default ~ ~ ~~te' to be
of payment shall be punished under the second section of this Ordinance.
Certain criminal
cases to be tried
and determined
by one or more
Magistrates.
Punishments.
In default of pay-
ment of fines,
parties convicted
to be imprisoned
for three months,
or until paymgnt,
!f sooner made,
&o.
aagsatrate to de-
cide in cases of
Iarce7oy when the
=stofifi
exceed
£10 in value.
ORDINANCE No. 6 of 1847.
Magistrates-Summary Jurisdiction.
4. And be it further enacted and ordained, that such Magistrate or
Magistrate,
Justice ox Justices, shall have power, authority, and jurisdiction, to
decide in all cases
of larceny where the property stolen shall not eaceZd ten pounds in
value, provided,
that in_any case no greater punishment shall be awarded than is
sanctioned by this
Ordinance.
CorporaY punish= 5. And be it further enacted and ordained, that in all
cases where it shah lie
meni not to ex-
ceedslictystripea, necessary to inflict corporal punishment on offenders
under this Ordinance, such
andao be Inflict -
ad with e. cane. punishment shall not at any one time exceed silty
stripes, to be inflicted with a caad
or rattan.
Perm' not
bgi* able to
giv'Y'd eAtlafaoto-
ry Aoodtint of
themselves
liable to the
punishment
prescribed by
this Ordinance;
and if nhre'-
giatered, to be
sent out of the
Island.
Appeal to
supreme Court
eAowed.
writings and
depositions to be
given as
evidence in
appeal.
8. And be it further enacted and ordained, that persons having no
ostensible
means o livelihood, and being of evil fame or reputed thieves, and found
wandering
about the streets and roads, and not able to give satisfactory account of
themselves,
and it appearing upon oath, that there is just ground to believe that
they were there
with intent to commit felony, may be punished by such Magistrates or
Justices or any,
of them in the manner prescribed by this Ordinance; and if such persons
being Chi >ieeio
be not registered under Ordinance No. 7 of 1846, it shall be lawful for
such Magistrate
or Magistrates, or Justice or Justices, in addition to any other
punishment, to direeti
such persons to be sent out of the Island of Hongkong without delay.
7, And be it further enacted and ordained, that in all cases where any
person so
on, trim shall be convicted, it shall be lawful for him at the time of
his conviction, to
sigzt<ify to the said Magistrates his intention of appealing against such
conviction to,,
the criminal sessions of the Supreme Court, then next ensuing, and in
such case, the,
presiding Magistrate shall certify in writing such fact, and deliver to
the sheriff or his.
deputy, such certificate with a certified copy of the information,
depositions, the nature,
of the sentence, and all documentary evidence or records whatsoever
connected with
the trial, whereupon the sheriff or his deputy shall lodge the said
writings and
documents with the Registrar of the Supreme Court, and have the body of
the offender.
at this said ensuing sessions, in order that the said appeal may be tried
and def.ermiged.
thereat.
$. And be it further enacted and ordained, that in case the detention in
the said
Colony until the trial of such appeal of all or any of the witnesses who
appeared at the
Court below should be attended with expense to the Crown or prosecutor,
it shall be
lawful for the Crown or any public prosecutor to produce at the trial at
the said ensuing
sessions all such writings and depositions as were taken or used at the.
trial before the
Magistrates, and the same, subject to all just exceptions, shall be
deemed legal evidence
of the facts therein contained, or deposed to, without producing the
witnesses . or'
depanei>;ts in person, should such witnesses or deponents be then absent
from the
Colony.
Depositions and $. And be it further enacted and ordained,. that on the
trial of the said appeaS-
certificate of
sentence of the depositions and the said certificate containing the
sentence of the said llfagistat4'
ORDINANCE No. 6 of 1847.
Magistrates -- Summary Jurisdiction.
or Magistrates, shall stand and be used in the place of an indictment or
information,
and that the said Registrar shall, as soon as practicable after demand
made by any
a
person so convicted as aforesaid, deliver to him a copy of such
depositions and
certificate upon his paying for the same a fee of sixpence for every
folio of ninety
words, which said depositions and certificate shall be evidence as well
for the defendant
as for the prosecutor.
10. And be it further enacted and ordained, that in all criminal cases
where by
the laws of England or the local ordinances, persons committed for trial
shall be
entitled to copies of the depositions taken by a Magistrate previous to
their commitment,
it shall be lawful for such Magistrate to permit such copies to be made
on the payment
of a fee of sixpence per folio of ninety words.
11. And be it further enacted and ordained, that it shall and may be
lawful for
the said Magistrates or Justices, or any or either of them, to decide in
a summary
manner all cases of dispute or wages between masters and servants, as if
such cases had
been brought before the Supreme Court within its summary jurisdiction. ,.
12. And be it further enacted and ordained, that in the construction of
this
Ordinance unless there be something repugnant thereto, any word denoting
the
singular number and male sex shall be taken to extend to any number of
persons or
things, and to both sexes.
[Repealed by OrdinanceNo. 1 of 1849.]
Title.
Preamble.
Certain criminal cases to be tried and determined by one or more Magistrates.
Punishments.
In default of payment of fines, parties convicted to be imprisoned for three months, or until payment, if sooner made, &c.
Persons using insulting expresions before the Magistrate, to be fine, &c.
Magistrate to decide in case of larceny when the property stolen shall not exceed 10 pounds in value.
Corporal punishment not to exceed sixty stripes, and to be inflicted with a cane.
Persons not being able to give a satisfactory account of themselves liable to the punishment prescribed by this Ordinance; and if unregistered, to be sent out of the Island.
Appeal to Supreme Court allowed.
Writings and depositions to be given as evidence in appeal.
Depositions and certificate of sentence of 227
Magistrates, shall be used in lieu of indictment or information in cases of appeal.
Defendant entitle to copies of depositions, &c.
Parties committed for trial entitled to copies of depositions, on payment of sixpence per folio of ninety words.
Magistrate empowered to decide in cases of wages, &c., between masters and servants.
Rules for construction of Ordinance.
Bfagistrates--Summary Jurisdiction.
No. 6 of 1847.
An Ordinance for e:ctendingethe Summary Jurisdiction of Police Magi's-
Titie.
trates and Justices of the Peace within the Colony of Hongkong.
9th September, 1847.]
'HEREAS it is desirable to extend the jurisdiction of the Magistrates of
the Preamble.
Colony of Hongkong, with a view to diminish the number of prisoners from
time to time in jail, and to lessen the expense attending the detention
of Crown
witnesses
1. Be it therefore enacted and ordained by His Excellency the Governor
with the
advice of the Legislative Council of Hongkong, that from and after the
passing of this
Ordinance, whenever, on the investigation of any criminal charge, it
shall appear to
any Magistrate or Justice of the Peace that the ends of justice would be
answered by
the infliction of a fine not to exceed in any case the sum of fifty
pounds, and imprison.
went not to exceed three calendar months, with or without hard labour, or
solitary
confinement not exceeding one month at a time, or in the case of Chinese
by one, two,
or three public or private whippings, in addition to or in lieu of the
punishments
aforesaid, or those authorized by Ordinance No. 10 0£ 1844, intituled,
'An Ordinance
to regulate Summary Proceedings before Justices of the Peace, and to
protect Justices
in the execution of their office;' it shall and may be lawful for the
said Magistrate, if
he should think fit, to call to his assistance one or more other
Magistrates or Justices
of the Peace of the said Colony, and shall by himself or in conjunction
with the said,
other Magistrate or Justice of the Peace try and determine the case in a
summary
manner, provided it be one over which the Magistrates sitting in a Court
of General or
(,quarter Sessions in England have now jurisdiction.
2. And be it further enacted and ordained, that if any pecuniary fine or
penalty
imposed by this or by any other ordinance now in force in the Colony of
Hongkong
and its dependencies, shall not be paid on conviction, the said
Magistrate or Magistrates,
Justice or Justices, shall commit the person convicted to the jail or
public prison, there
to be kept at hand labour for any time not to exceed three months, as the
said
Magistrates or Justices shall think fit to direct, unless such pecuniary
fine or penalty
shall be sooner paid; or the said Magistrate or Magistrates, or Justice
or Justices,
may send the person convicted to the jail or public prison, there to
remain for three
days, exclusive of the day of commitment, with an order that within the
said time the
person so convicted shall be once or twice publicly whipped at the market
or other
public place. .
3. And be it further enacted and ordained, that every person making use
of any persons using
insulting exprea
insulting or indecent expression in Chinese or in any other language
before the said aionP before the _
Magistrates or Justices shall be liable to a fine not exceeding ten
pounds, and in default ~ ~ ~~te' to be
of payment shall be punished under the second section of this Ordinance.
Certain criminal
cases to be tried
and determined
by one or more
Magistrates.
Punishments.
In default of pay-
ment of fines,
parties convicted
to be imprisoned
for three months,
or until paymgnt,
!f sooner made,
&o.
aagsatrate to de-
cide in cases of
Iarce7oy when the
=stofifi
exceed
£10 in value.
ORDINANCE No. 6 of 1847.
Magistrates-Summary Jurisdiction.
4. And be it further enacted and ordained, that such Magistrate or
Magistrate,
Justice ox Justices, shall have power, authority, and jurisdiction, to
decide in all cases
of larceny where the property stolen shall not eaceZd ten pounds in
value, provided,
that in_any case no greater punishment shall be awarded than is
sanctioned by this
Ordinance.
CorporaY punish= 5. And be it further enacted and ordained, that in all
cases where it shah lie
meni not to ex-
ceedslictystripea, necessary to inflict corporal punishment on offenders
under this Ordinance, such
andao be Inflict -
ad with e. cane. punishment shall not at any one time exceed silty
stripes, to be inflicted with a caad
or rattan.
Perm' not
bgi* able to
giv'Y'd eAtlafaoto-
ry Aoodtint of
themselves
liable to the
punishment
prescribed by
this Ordinance;
and if nhre'-
giatered, to be
sent out of the
Island.
Appeal to
supreme Court
eAowed.
writings and
depositions to be
given as
evidence in
appeal.
8. And be it further enacted and ordained, that persons having no
ostensible
means o livelihood, and being of evil fame or reputed thieves, and found
wandering
about the streets and roads, and not able to give satisfactory account of
themselves,
and it appearing upon oath, that there is just ground to believe that
they were there
with intent to commit felony, may be punished by such Magistrates or
Justices or any,
of them in the manner prescribed by this Ordinance; and if such persons
being Chi >ieeio
be not registered under Ordinance No. 7 of 1846, it shall be lawful for
such Magistrate
or Magistrates, or Justice or Justices, in addition to any other
punishment, to direeti
such persons to be sent out of the Island of Hongkong without delay.
7, And be it further enacted and ordained, that in all cases where any
person so
on, trim shall be convicted, it shall be lawful for him at the time of
his conviction, to
sigzt<ify to the said Magistrates his intention of appealing against such
conviction to,,
the criminal sessions of the Supreme Court, then next ensuing, and in
such case, the,
presiding Magistrate shall certify in writing such fact, and deliver to
the sheriff or his.
deputy, such certificate with a certified copy of the information,
depositions, the nature,
of the sentence, and all documentary evidence or records whatsoever
connected with
the trial, whereupon the sheriff or his deputy shall lodge the said
writings and
documents with the Registrar of the Supreme Court, and have the body of
the offender.
at this said ensuing sessions, in order that the said appeal may be tried
and def.ermiged.
thereat.
$. And be it further enacted and ordained, that in case the detention in
the said
Colony until the trial of such appeal of all or any of the witnesses who
appeared at the
Court below should be attended with expense to the Crown or prosecutor,
it shall be
lawful for the Crown or any public prosecutor to produce at the trial at
the said ensuing
sessions all such writings and depositions as were taken or used at the.
trial before the
Magistrates, and the same, subject to all just exceptions, shall be
deemed legal evidence
of the facts therein contained, or deposed to, without producing the
witnesses . or'
depanei>;ts in person, should such witnesses or deponents be then absent
from the
Colony.
Depositions and $. And be it further enacted and ordained,. that on the
trial of the said appeaS-
certificate of
sentence of the depositions and the said certificate containing the
sentence of the said llfagistat4'
ORDINANCE No. 6 of 1847.
Magistrates -- Summary Jurisdiction.
or Magistrates, shall stand and be used in the place of an indictment or
information,
and that the said Registrar shall, as soon as practicable after demand
made by any
a
person so convicted as aforesaid, deliver to him a copy of such
depositions and
certificate upon his paying for the same a fee of sixpence for every
folio of ninety
words, which said depositions and certificate shall be evidence as well
for the defendant
as for the prosecutor.
10. And be it further enacted and ordained, that in all criminal cases
where by
the laws of England or the local ordinances, persons committed for trial
shall be
entitled to copies of the depositions taken by a Magistrate previous to
their commitment,
it shall be lawful for such Magistrate to permit such copies to be made
on the payment
of a fee of sixpence per folio of ninety words.
11. And be it further enacted and ordained, that it shall and may be
lawful for
the said Magistrates or Justices, or any or either of them, to decide in
a summary
manner all cases of dispute or wages between masters and servants, as if
such cases had
been brought before the Supreme Court within its summary jurisdiction. ,.
12. And be it further enacted and ordained, that in the construction of
this
Ordinance unless there be something repugnant thereto, any word denoting
the
singular number and male sex shall be taken to extend to any number of
persons or
things, and to both sexes.
[Repealed by OrdinanceNo. 1 of 1849.]
Title.
Preamble.
Certain criminal cases to be tried and determined by one or more Magistrates.
Punishments.
In default of payment of fines, parties convicted to be imprisoned for three months, or until payment, if sooner made, &c.
Persons using insulting expresions before the Magistrate, to be fine, &c.
Magistrate to decide in case of larceny when the property stolen shall not exceed 10 pounds in value.
Corporal punishment not to exceed sixty stripes, and to be inflicted with a cane.
Persons not being able to give a satisfactory account of themselves liable to the punishment prescribed by this Ordinance; and if unregistered, to be sent out of the Island.
Appeal to Supreme Court allowed.
Writings and depositions to be given as evidence in appeal.
Depositions and certificate of sentence of 227
Magistrates, shall be used in lieu of indictment or information in cases of appeal.
Defendant entitle to copies of depositions, &c.
Parties committed for trial entitled to copies of depositions, on payment of sixpence per folio of ninety words.
Magistrate empowered to decide in cases of wages, &c., between masters and servants.
Rules for construction of Ordinance.
Abstract
Title.
Preamble.
Certain criminal cases to be tried and determined by one or more Magistrates.
Punishments.
In default of payment of fines, parties convicted to be imprisoned for three months, or until payment, if sooner made, &c.
Persons using insulting expresions before the Magistrate, to be fine, &c.
Magistrate to decide in case of larceny when the property stolen shall not exceed 10 pounds in value.
Corporal punishment not to exceed sixty stripes, and to be inflicted with a cane.
Persons not being able to give a satisfactory account of themselves liable to the punishment prescribed by this Ordinance; and if unregistered, to be sent out of the Island.
Appeal to Supreme Court allowed.
Writings and depositions to be given as evidence in appeal.
Depositions and certificate of sentence of 227
Magistrates, shall be used in lieu of indictment or information in cases of appeal.
Defendant entitle to copies of depositions, &c.
Parties committed for trial entitled to copies of depositions, on payment of sixpence per folio of ninety words.
Magistrate empowered to decide in cases of wages, &c., between masters and servants.
Rules for construction of Ordinance.
Preamble.
Certain criminal cases to be tried and determined by one or more Magistrates.
Punishments.
In default of payment of fines, parties convicted to be imprisoned for three months, or until payment, if sooner made, &c.
Persons using insulting expresions before the Magistrate, to be fine, &c.
Magistrate to decide in case of larceny when the property stolen shall not exceed 10 pounds in value.
Corporal punishment not to exceed sixty stripes, and to be inflicted with a cane.
Persons not being able to give a satisfactory account of themselves liable to the punishment prescribed by this Ordinance; and if unregistered, to be sent out of the Island.
Appeal to Supreme Court allowed.
Writings and depositions to be given as evidence in appeal.
Depositions and certificate of sentence of 227
Magistrates, shall be used in lieu of indictment or information in cases of appeal.
Defendant entitle to copies of depositions, &c.
Parties committed for trial entitled to copies of depositions, on payment of sixpence per folio of ninety words.
Magistrate empowered to decide in cases of wages, &c., between masters and servants.
Rules for construction of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/53
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 6 of 1847
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MAGISTRATES -- SUMMARY JURISDICTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/53.
