Coinage Offences. Criminal Enactments Repeal. either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized :-Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year. XXXVI. Whenever Imprisonment, with or without Hard Hard Labour. Labour, may be awarded for any Indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4. of 1863, Section XV. XXXVII. Whenever Solitary Confinement may be awarded Solitary Confor any Offence under this Ordinance, the Court may direct the finement. Offender to be kept in Solitary Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year. Summary Pro. XXXVIII. Every Offence hereby made punishable on Summary ceedings may Conviction may be prosecuted in the Manner directed by Ordinance No. 10. of 1844. XXXIX. This Ordinance, or such Portion or Portions thereof as to the Governor may seem fit, shall commence and take effect on such Day as shall hereafter be fixed by Proclamation under the Hand of the Governor; and such Portion or Portions of such Ordinance as shall not be included in such Proclamation shall be brought into Operation on a Day to be further fixed by another Proclamation under the Hand of the Governor. No. 11. OF 1865. be under Ordi nance No. 10. of 1844. Commencement of Ordi nance. An Ordinance to repeal certain Enactments which have been Title. consolidated in several Ordinances relating to Criminal [14th June, 1865.] WHEREAS by virtue of Ordinance No. 6. of 1845, and Or- Preamble. Offences. 6 6 dinance No. 2. of 1846, divers Acts and Parts of Acts of the Imperial Parliament made and passed prior to the Fifth Day of April, One thousand Eight hundred and Forty-three, are in Force in this Colony, notwithstanding the same have been repealed by the Imperial Parliament; and whereas by Six several Ordinances, relating respectively to Offences against the Person, 'Malicious Injuries to Property, Larceny, Forgery, Coining, and 'Accessories and Abettors, a large Portion of the Matter con< tained in the said Acts and Parts of Acts, as also in several local 'Enactments, has been consolidated and amended; and it is therefore expedient to limit the Operation of the Ordinances firstly herein-before mentioned, so as to exclude therefrom the 'Acts and Parts of Acts so repealed, and to repeal the said local 'Enactments to the Extent specified in the Schedule hereto 'annexed:' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: 6 I. Section 4 of Ordinance No. 6. of 1845, and Section 3 of Section 4 of Ordinance No. 2. of 1846, shall, after the coming into Operation Ordinance of No. 6. of 1845, and Section 3 of Ordinance No. 2. of 1846, how to be construed. Ordinances in Schedule repealed. Previous Sections not to Criminal Enactments Repeal. of this Ordinance, be so construed as not to include as of Force in this Colony any Acts or Parts of Acts of the Imperial Parliament made and passed prior to the Fifth Day of April, One thousand Eight hundred and Forty-three, and which are enumerated in the Schedule annexed to the Act of the Session of the Twenty-fourth and Twenty-fifth Years of Her present Majesty, Chapter Ninetyfive, and which said Acts or Parts of Acts are thereby repealed. II. The Ordinances mentioned in the Schedule hereto annexed shall, after the coming into Operation of this Ordinance, be repealed to the Extent specified in the said Schedule. III. Provided, that every Offence, which shall have been wholly or partly committed before this Ordinance comes into Operation, affect Offences, shall be dealt with, inquired of, tried, determined and punished, &c., committed before the and every Penalty in respect of any such Offence shall be recoCommencevered in the same Manner as if this Ordinance had not been ment of this passed; and that every Act duly done, and every Warrant or Ordinance. other Instrument duly made or granted before this Ordinance comes into Operation, shall continue and be of the same Force and Effect as if this Ordinance had not been passed; and that every Right, Liability, Privilege, and Protection in respect of any Matter or Thing committed or done before this Ordinance comes into Operation, shall continue to be of the same Force and Effect as if this Ordinance had not been passed; and that every Action, Prosecution, and other Proceeding which shall have been commenced before this Ordinance comes into Operation, or shall thereafter be commenced, in respect of any such Matter or Thing, may be prosecuted, continued, and defended in the same Manner as if this Ordinance had not been passed. Extent of Repeal. So much as relates to the whole of 7 & 8 Vict. c. 62, 8 & 9 Vict. c. 47, 9 & 10 Vict. c. 25, 10 & 11 Vict. c. 66, and as relates to Sections One, Two,Three, Four, Eight, and Nine of 14 & 15 Vict. c. 19. So much as relates to Sections One, Two, and Three of 11 & 12 Vict. c. 46. So much as relates to Section one of 16 & 17 Vict. c. 30. The whole. An Ordinance to make better Provi- The whole. and other Persons intrusted with An Ordinance to amend the Form in The whole. No. 12. 6 Security from Personal Violence. No. 12. OF 1865. An Ordinance for the further Security of the Residents in Title. this Colony from personal Violence. [14th June, 1865.] WHEREAS the Punishments hitherto awarded by the Laws Preamble. of this Colony are insufficient to deter from Crimes of Violence' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: Where any Person is convicted of a Crime who at the Time of the Commission thereof shall have been armed with any offensive Weapon or Instrument, or who at the Time of or immediately before or immediately after the Commission thereof shall have wounded, beat, struck, or used any other personal Violence to any other Person, or who shall at any of the Times aforesaid by any Means whatsoever have attempted to render any other Person insensible, unconscious, or incapable of Resistance, the Supreme Court may, in addition to the Punishment now awarded for such Crime, direct that the Offender, if a Male, be once, twice, or thrice publicly or privately whipped, subject to the following Provisions : (1.) That in the Case of an Offender whose Age does not exceed (2.) That in the Case of any other Male Offender, the Number Power to award Punishment of Whipping in Cases herein named. INDEX TO THE ORDINANCES IN FORCE IN THE COLONY OF HONGKONG. A. Abduction. See Criminal Law (Offences Abettors and Accessories. See Criminal Law. Acceptance on Bills. See Mercantile Law. Accessories and Abettors. See Criminal Law. Accused, Statements of. See Witnesses. Acquittal, how proved. See Evidence. Actions at Law against Absentees. To provide for and regulate Process in Actions at Law against Form of Attachment, and how served; Proviso as to proof where cause of Public Notice to be given; 3. Property and Debts bound from the Time of Attachment; 4. Inquiry as to Property in Garnishee's Hands; 5. Disposal of Goods, &c., by leave of Court; 6. After Attachment returned Plaintiff may proceed in the Action; 7. Court to determine what Property is to continue subject to the Attach- Plaintiff to enter into a Bond to account; 9. After Judgment Plaintiff may issue a Fieri Facias; what may be taken Provision for dissolving Foreign Attachment; 11. Provision enabling absent Defendant to come in and defend within Two Property in Possession of any Co-defendant; 13. Provision in case of Defendants sued as Copartners; 14. Such Copartners absent from the Colony to have Notice; 15. Copartnerships, all of whose Members are not known, may be sued in the Judgment against such Defendant to operate against the Copartnership; 17. LI |