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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 9, 1934.
HONG
KONG.
No. 37 of 1934.
I assent.
W. PEEL,
L.S.
Governor.
9th November, 1934.
An Ordinance to amend the Criminal Procedure Ordinance,
1899.
[9th November, 1934.]
Short title.
Repeal and substitution
of Ordinance No. 9 of 1899, s. 77.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Criminal Procedure Amendment Ordinance, 1934.
2. Section 77 of the Criminal Procedure Ordinance, 1899, and the heading thereto are repealed and the following section and heading are substituted therefor :-
Pregnancy and Infanticide.
Proceedings
in case of
77.--(1) Where a woman convicted of an offence punish- and sentence able with death is found in accordance with the provisions of expectant this section to be pregnant, the sentence to be passed on her shall be sentence of imprisonment for life instead of sentence
mother con-
of death.
victed of
capital
offence.
21 & 22 Geo.
5, c. 24.
(2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed two or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not.
If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her.
(3) No jury de ventre inspiciendo shall be empanelled or sworn in any such case.
(4) Where on proceedings under sub-section (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Full Court under section 78A as enacted by the Criminal Procedure