1751
Ordinances
32. The Summary Offences Ordinance, 1845, the Sum- Repeal of mary Offences Amendment Ordinance, 1924, the Summary No. 1 of Offences Amendment Ordinance, 1927, the Summary Offences 1845, No. 10 Amendment Ordinance, 1930, and the Summary Offences of 1924, Amendment Ordinance, 1931, and sections 19, 20, 21, 22, 23 1927, No. 22 and 24 of the Malicious Damage Ordinance, 1865, are No. 15 of repealed.
No. 21 of
of 1930,
1931, and certain sections of No. 6 of 1865.
33. This Ordinance shall come into force on the first day Commence- of January, 1933.
Objects and Reasons.
1. This Ordinance consolidates and amends the law relating to Summary Offences in the manner indicated in the Table of Correspondence. In particular the following amendments are outstanding.
2. Section 4 is new and is based on the provisions of the Scavenging and Conservancy by-laws (Ordinances of Hong Kong, Vol. III p. 1602-5) that govern the conveyance etc, of pig-wash and night-soil. There has always been difficulty in enforcing those by-laws because the police have had no power to arrest offenders. This difficulty will now disappear.
3. Section 8 is a combination of sections 8 (1) and 21 of No. 1 of 1845, and also includes the main provisions of sections 19, 20, 21, 22, 23 and 24 of the Malicious Damage Ordinance, 1865, (which are repealed by section 32) in respect of damage to trees, etc. The overlapping of the provisions of the two Ordinances is thus got rid of.
4. Section 21 has been amplified by the inclusion therein. of the provisions of the Vagrancy Act, 1824 (5 Geo. 4, c. 83, s. 4) dealing with loiterers and suspected persons, and of section 127 of the Magistrates' Ordinance, 1890.
5. Section 23 has been transferred from the Magistrates' Ordinance, 1890, in which it was section 93. The various forms of drunkenness dealt with would appear to be essentially summary offences. The maximum fine under s.s. (1)-"drunk in public place or licensed premises"-has been raised from $10 to $25, and that under S.S. (2)—"drunk and disorderly and under s.s. (3)-"drunk when in charge of a vehicle etc., (other than a motor vehicle)"-has been raised in each case from $25 to $100. The Magistrates consider the lower penalties insufficient.
6. Sections 28, 29 and 31 of No. 1 of 1845 have been transferred to the new Police Force Ordinance and sections 37, 38. 39, 40, 41, 43 and 45 to the new Magistrates Ordinance, to which respectively their provisions are more appropriate.
7. In section 25, replacing the old section 44, the reference to section 13 is omitted, that section having been combined with others in the new section 13 as indicated in the Table of Correspondence. But the liability imposed by section 25 (old 44) on occupiers for offences against section 5 (1) has been extended to offences against section 3 (3), (13) and (14).
C. G. ALABASTER,
ment.
November, 1932.
Attorney General
A