Page:Interpretation and General Clauses Ordinance 1966 (Cap. 1).pdf/35

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89. (1) Where any provision in any Ordinance creates, or results in the creation of, an offence, the offence shall be triable summarily only, unless—
 * (a) the offence is declared to be treason, felony or misdemeanor;
 * (b) the words “upon indictment” appear; or
 * (c) the offence is declared to be a “misdemeanor triable summarily”.

(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and—
 * (a) the offence is declared to be treason, felony or misdemeanor; or
 * (b) subject to subsection (4), the words “upon indictment” appear, the offence shall be triable only upon indictment.

(3) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be a “misdemeanor triable summarily”, the offence shall be triable either on indictment or summarily.

(4) Where any provision in any Ordinance creates, or results in the creation of, an offence and the offence is declared to be triable either summarily or upon indictment or to be punishable on summary conviction or on indictment, the offence shall be triable either on indictment or summarily.

(5) Nothing in this section shall affect—
 * (a) the powers conferred upon a magistrate by the Magistrates Ordinance or by any other law to try an indictable offence summarily; or
 * (b) the powers conferred upon the District Court by any law to try indictable offences.

90. Where an offence is a misdemeanor by any law and no punishment is provided therefor, that offence shall be punishable by imprisonment for seven years and a fine of fifty thousand dollars.

91. Where the fiat, authorization, sanction, consent or authority of the Governor or any other public officer is necessary before any prosecution or action is commenced, or for any purpose whatsoever in connexion with any proceeding, any document purporting to bear the fiat, authorization, sanction, consent or authority of the Governor, or such public officer, as the case may be, shall, until the contrary is proved, be received as evidence in any proceeding without proof being given that the signature to such fiat, authorization, sanction, consent or authority is that of the Governor or such public officer.