Exhiact D.1.B

Friday, November 27, 1970

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CRIMINAL PROCEDURE (AMENDMENT) BILL 1970

Amendments To Principal Ordinance

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The Criminal Procedure (Amendment) Bill 1971 amends the principal

Ordinance so as to introduce into the law of Hong Kong certain provisions of the U.K. Criminal Law Act 1967 and the U.K. Criminal Justice Act 1967.

Today's Gazette contains for public information details of the

bill to be presented to the Legislative Council on December 2.

(NICK14/23)

With gagged are deportant prop

The more important provisions of the bill include those which deal

use of reasonable force in making an

arrest or preventing crime; aider, abettors and accessories in crime;

conditions of bail; trial of offences; and the determination of the

existence of criminal intent or otherwise.

Clause 11 contains seven new sections which introduce the suspended

sentence into the penal system of Hong Kong for an initial period of three

years.

Section 109B provides that a court passing a sentence of imprisonment of not more than two years may order that the sentence shall not take effect, unless during a period specified in the order the offender commits another

offence punishable with imprisonment.

The period specified in the order must be neither less than one

year nor more than three years from the date of the order during which,

if an offender commits a further offence punishable with imprisonment, a

court shall order the sentence to take effect, unless this would be unjust in view of circumstances arising since the sentence was suspended.

/A provision

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