865
[No. 38 14.9.34.-2.]
A BILL
INTITULED
An Ordinance to amend the Criminal Procedure Ordinance,
1899.
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 Short title. Amendment Ordinance, 1934.
2. Section 77 of the Criminal Procedure Ordinance, 1899, Repeal and and the heading thereto are repealed and the following section and heading are substituted therefor :-
Pregnancy and Infanticide.
substitution of Ordinance No. 9 of 1899, s. 77.
and sentence in case of
77.(1) Where a woman convicted of an offence punish- Proceedings able with death is found in accordance with the provisions of this section to be pregnant, the sentence to be passed on her expectant shall be sentence of imprisonment for life instead of sentence of death.
mother con- victed of capital offence.
21 & 22 Geo.
(2) Where any such woman alleges that she is pregnant, 5, c. 24. 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 Amendment Ordinance, 1933, and that Court, if satisfied for Ordinance any reason that the finding should be set aside, shall quash No. 5 of the sentence passed on such woman and shall pass instead sentence of imprisonment for life.
(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.
1933.