114
THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 26, 1909.
No. 122.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinance passed by the Legislative Council:-
Ordinance No. 1 of 1909.—An Ordinance further to amend The Magistrates Ordin-
ance 1890 and to effect certain other amendments- in the Criminal Law.
HONGKONG.
No. 1 of 1909.
An Ordinance further to amend The Magistrates Ordinance 1890 and to effect certain other amendments in the Criminal Law.
LS
F. D. LUGARD,
Governor.
[26th February, 1909.]
Short title.
Construc- tion.
Adds a sub- section to
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as "The Magistrates and Criminal Law Amendment Ordinanec 1909 ".
2. Whenever the expression "The Principal Ordinance is used in this Ordinance the same shall be construed as applying to the Magistrates Ordinance 1890.
3. Section 49 of the Principal Ordinance is hereby amended by the insertion of the figure (1) at the beginning the Principal of the section and by the addition of the following sub-
section 49 of
Ordinance.
Amends see- tion 86 of the Principal Ordinance.
Amends law
ment of the stocks.
section :-
“(2.) The Magistrate may order the defendant, in default of compliance with such last mentioned order, to be imprisoned for any term not ex- eceding six months."
4. Section 86 of the Principal Ordinance is hereby amended by omitting all the words from the word “larceny”
in the second line to the word "assault" in the fifth line Inclusive and by inserting in lien thereof the words “any offence whatsoever ".
5. A Magistrate may hereafter sentence any offender as to punish convicted of a felony or any offence which has been or shall be declared by any Ordinance to be a misdemeanour to be publicly exposed in the stocks for any period not exceeding six hours in lien of the whole or any part of any punish- ment to which the offender is liable under the Principal Ordinance or any other Ordinance.
Amends see- tion 90 of the Principal Ordinance by the addi- tion of pro- visos.
Provided that this power shall not be exercised in relation to the offences specified in the sections of the Ordinances which are set out in the schedule to this Ordinance.
6. Section 90 of the Principal Ordinance is hereby amended by the addition of the following provisos at the end thereof::
"Provided always that
(a.) Before making any Order under sub-section (1) of this section the Magistrate shall first give the complainant an opportunity of showing cause why the Order should not be made, and shall if so requested by the complainant adjourn the proceedings in order to enable the said com- plainant to instruct a solicitor or counsel on his behalf.