1924

300
H.B.M. SUBJECTS IN CHINA AND COREA
(5) If he answers that he has been so previously convicted, the
Court may proceed to pass sentence on him accordingly, but, if he denies
that he has been so previously convicted, or refuses to, or does not,
Answer such question, the Court shall then inquire concerning such
previous conviction, and in such case (where the trial is by jury) it shall
not be necessary to swear the jurors again.
Punishments.
59. The powers of the Courts with respect to punishments are
limited as follows:—
i (1) The Supreme Court may award in respect of an offence any
punishment which may in respect of a similar offence be awarded
in England: provided that (a) inpprisonment with hard labour
shall be substituted for penal servitude, and (6) the Supreme
Court shall not award a fine, exceeding =£500; or, in case of a
continuing offence, in addition to imprisonment or fine, or both,
a fine exceeding =£1 for each day during, which the offence
continues after conviction.
(2) A Provincial Court may award imprisonment, not exceeding
twelve months, with or without hard labour, and with or
without a fine not exceeding £100; or a fine not exceeding
£100, without imprisonment; or in case of a continuing offence,
iti addition to imprisonment or fine, or both, a fine not
exceeding 10s. for each day during which the offence continues
after conviction.
(3) But nothing in this Article shall be deemed to empower any
Court to award for any offence any punishment not authorized
by law in relation to that offence.
60. —(1) If any person is guilty of an offence against this Order
tot distinguished as a grave offence against this Order, he is liable:—
(1) To a fine not exceeding £5, without any imprisonment; or
(ii) To imprisonment not exceeding one month,,without fine; or
(iii) To imprisonment not exceeding fourteen days, with a fine not
exceeding 50s.
(2) Imprisonment under this Article is without hard labour.
61. —(1) If any person is guilty of an offence against this Order,
•distinguished as a grave offence against this Order, he is liable:—
(1) To a fine not exceeding £10, without imprisonment; or
(ii) To imprisonment not exceeding two months, without fine; or
(iii) To imprisonment not exceeding one month, with a fine not
exceeding £5.
(2) Imprisonment under this Article is, in the discretion of the
Court, with or without hard labour.
62. —(1) The Court may, if it thinks fit, order a person convicted
■ of an assault to pay to the person assaulted by way of damages any sum
•not exceeding £10.
(2) Damages so ordered to be paid may be either in addition to or
in lieu of a fine, and shall be recoverable in like manner as a fine.
(3) Payment of such damages shall be a defence to an action for
the assault.
63. —(1) The Court may, if it thinks fit, order a person convicted
before it to pay all or part of the expenses of his prosecution, or of his
imprisonment or other punishment or of both, the amount being specified
in the order.
(2) Where it appears to the Court that the, charge is malicious, or
frivolous and vexatious, the Court may, if it thinks fit, order the
Limitation of
Offences
against this
Order.
Grave offence
against this
Order.