1169
Draft Bill.
No. S. 100.-The following Bill is published for general information :
A BILL
INTITULED
[No. 4-16.3.35.-6.]
An Ordinance to amend the Magistrates Ordinance, 1932.
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 Magistrates Short title. Amendment Ordinance, 1935.
2. The following heading and sections are inserted after New head- section 118 of the Magistrates Ordinance, 1932 :-
ing and
sections 118A to 1181 added to Ordinance
No. 41 of 1932.
Alternative Procedure.
conviction of
118A. Any person aggrieved by any conviction of a Right of magistrate in respect of any offence, who did not plead guilty appeal from or admit the truth of the information or complaint, may nagistrate. appeal from the conviction in manner hereinafter provided 4 & 5 Geo. 5, to a judge of the Supreme Court.
c. 58, s. 37
(1).
against
118B. Any person who after pleading guilty or admitting Right of the truth of the information or complaint is convicted of appeal any offence by a magistrate may appeal to a judge in like sentence of manner against his sentence
magistrate. 15 & 16 Geo. 5, c. 86, s. 25.
appeals.
1180. The powers and duties of a judge with respect Court for to appeals to which sections 118A and 118B apply shall be hearing exercised and performed by such one of the judges as the 23 & 24 Chief Justice shall arrange.
Geo. 5, c. 38, s. 7.
118D. In the case of any appeal to which section 118A Special or 118B applies---
(1) either party to the appeal may be heard in person, or by any barrister, advocate or solicitor having the right of audience before any court in this Colony, except in the case of an appeal or any point in an appeal reserved for hearing or directed to be argued before the Full Court under paragraph (4), for which hearing or argument the practice of the Full Court shall apply without modification;
provisions
regarding appeals under s. 118A or 118B.
(2) the judge, if he thinks additional evidence to be necessary, may receive such evidence, and for that purpose shall have the like powers under paragraphs (a), (b) and (c) of subsection (8) of section 78A of the Criminal Procedure Ordinance, 1899, that the Full Court would have had if the Ordinance appeal had been an appeal to which that section applied, and No. 9 of the judge may issue any process necessary for enforcing
the exercise of such powers;
1899.