“C”—Contd.
Alternative convictions, and amending particulars.
Effect of
conviction of an offence
under Part II.
Extension of certain
provisions in relation to
offences under
repealed Ordinance.
Amendment
of Schedule.
Repeal and consequential amendment.
not be called upon to plead and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.
(4) Neither section 7 of the Legal Officers Ordinance nor section 43 of the Interpretation and General Clauses Ordinance shall apply to or in respect of the giving by the Attorney General of his consent to the institution of a prosecution for an offence against section 10.
32. (1) If, on the trial of any person for any offence under Part II, it is not proved that the accused is guilty of the offence charged but it is proved that the accused is guilty of some other offence under Part II, the accused may, notwithstanding the absence of consent under section 31 in respect of such other offence, be convicted of such other offence, and be liable to be dealt with accordingly.
(2) If on the trial of any person for any offence under Part II there is any material variance between the particulars of the offence charged and the evidence adduced in support thereof, such variance shall not, of itself, entitle the accused to an acquittal of the offence charged if, in the opinion of the court, there is prima facie evidence of the commission of that offence, and in such a case the court may, notwithstanding the absence of consent under section 31 in respect of the particulars supported by the evidence adduced, make the necessary amendment to the particulars, and shall thereupon read and explain the same to the accused and the parties shall be allowed to recall and examine on matters relevant to such amendment any witness who may have been examined and, subject to the provisions of subsection (3), to call any further witness.
(3) If an amendment is made under subsection (2) after the case for the prosecution is closed no further witness may be called by the prosecution other than such and on such matters only as it would, apart from the provisions of this subsection, be permissible to call and put in evidence in rebuttal.
(4) Nothing in this section shall exclude the application of any other law whereby a person may be found guilty of an offence other than that with which he is charged.
33. Any person convicted of an offence under Part II shall, by reason of such conviction, be disqualified for a period of seven years from the date of such conviction from-
(a) being registered as an elector or voting at any election under the Urban Council
Ordinance;
(b) being or being elected or appointed as a member of the Executive Council, the
Legislative Council, the Urban Council and any other public body.
34. (1) The provisions contained in Part III shall apply to and in respect of offences suspected or alleged to have been committed under the Prevention of Corruption Ordinance repealed by section 36 as they apply to and in respect of offences suspected or alleged to have been committed under this Ordinance.
(2) The references in sections 27, 29 and 30 to this Ordinance shall be deemed to include a reference to the Prevention of Corruption Ordinance repealed by section 36.
35. The Governor in Council may by order published in the Gazette amend the Schedule.
36. (1) The Prevention of Corruption Ordinance is repealed.
(2) The Urban Council Ordinance is amended—
(a) in section 6, by deleting from paragraph (d) “relating to corrupt and illegal practices”;
and
(b) in section 17, by-
(i) deleting the full stop at the end of paragraph (b) of subsection (1) and substituting a semicolon; and
(ii) adding thereafter the following new paragraph-
"(c) any person convicted of any offence under Part II of the Prevention of
Bribery Ordinance.”.
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