PENALTIES AMENDMENT ORDINANCE, 1911

PENALTIES AMENDMENT ORDINANCE, 1911

No. 30 of 1911.
To abolish Minimum Penalties, and to bring the Law of the Colony
as to Penalties into uniformity with the Law of England.
[In force on Proclamation of New Revised Edition.]
WHEREAS it is expedient for the better administration of justice to
abolish minimum penalties and so to bring the law of the Colony as
to penalties into uniformity with the law of England:-

1. The Penalties Amendment Ordinance, 1911.

2.-[sub-section (1) and (2), rep. No. 43 of 1912.]

As ainended by No. 16 of 1912.





(3) Unless any enactment now in force, as printed in the New
Revised Edition of the Laws of Hongkong otherwise provides, where
a Court is empowered to impose a sentence
(a) of imprisonment for life; or
(b) of imprisonment for a period not exceeding a specified term;

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 term, or
less than the fine, specified lit the enactment, as the case may be.

3. Where under any enactment now in force, or under any future
enactment, a, Court shall sentence a person convicted of an offence
for which the penalty of imprisonment is provided, the Court may,
unless-

(a) in the case of any enactment now in force, the enactment
as printed in the New Revised Edition of the Laws of Hongkong
and
(b) in the case of any future enactment,
such enactment provides that the imprisonment shall be without
hard labour, inflict imprisonment with or without hard labour :
Provided always that where under this or the preceding section,
a sentence of imprisonment is Wiposed for more than two years,* it
shall always be with hard labour : and provided further, that where
any person is sentenced to imprisonment under any existing enact-
ment for not finding sureties, such imprisonment shall be without
hard labour.

[sections 4, -5, 6 and 7, rep. No. 43 of 1912.] '

8. Nothing in this Ordinance contained shall be construed as
giving to a Court the power of inflicting a punishment less than the
minimurn punishment, if any, provided for offences 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 auxiliary penalty is stipulated for the offence in question.

[preamble and sections 9 and 1.0, rep. No. 43 of 1912.]

As. amended by No. 8 of 1912 and No. 43 of 1912.
As amended by No. 17* of 1912.
11. -- (1) Whenever in any enactment now in force or in any
future enactment, several penalties are provided for one ofrence, the
use of the word---or-in relation to such penalties shall signify that
they are to be inflicted alternatively ;
the use of the word - and - shall signify that the penalties may
be inflicted alternatively or cumulatively; and
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 etimulatively.
F-stib-section (2), rep. No. 43 of 1912.]
L
[see. 1-2, i.el). No. 43 of 1912 Supp. Sched.]

[see. 13, rep. No. 43 of 191`2.1

14. This Ordinance shall apply to penalties imposed on a sum-
mary conviction by a Magistrate, or by two Magistrates, or by the
Marine Magistrate.

[see. 15 and schedtile, rep. No. 43 of 1912.]

short title.
power to court ot award lesser penalty than that stated . Where imprisonment imposed it may be with or without hard labour . Saving of minimum penaltie sin certain ordinances . alternative and cummulative penalties , how distinguished . Ordinance to apply to sentences imposed by magistrate .

short title.
power to court ot award lesser penalty than that stated . Where imprisonment imposed it may be with or without hard labour . Saving of minimum penaltie sin certain ordinances . alternative and cummulative penalties , how distinguished . Ordinance to apply to sentences imposed by magistrate .

https://oelawhk.lib.hku.hk/items/show/987

1912

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No. 30 of 1911

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