1196
LEGISLATIVE COUNCIL.
No. S. 110. The following Bill was read a first time at a meeting of the Council held on the 11th April, 1935 :-
A BILL
[No. 4:-16.3.35.-6.]
Short title.
New head- ing and sections
118A to 1181
added to
Ordinance
No. 41 of
1932.
INTITULED
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 Amendment Ordinance, 1935.
2. The following heading and sections are inserted after section 118 of the Magistrates Ordinance, 1932 :-
Right of
appeal from
conviction of magistrate. 4 & 5 Geo. 5,
c. 58, s. 37 (1).
Right of appeal
against
sentence of magistrate.
15 & 16
Gen. 5, c. 86, s. 25.
Court for hearing
appeals.
23 & 24
Geo. 5, c. 38,
s. 7.
Special provisions regarding appeals
under s. 118A or 118B.
Ordinance No. 9 of 1899.
Alternative Procedure.
118A. Any person aggrieved by any conviction of a magistrate in respect of any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction in manner hereinafter provided to a judge of the Supreme Court.
118B. Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge in like manner against his sentence
118C. The powers and duties of a judge with respect to appeals to which sections 118A and 118B apply shall be exercised and performed by such one of the judges as the Chief Justice shall arrange.
118D. In the case of any appeal to which section 118A 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 bere the Full Court under paragraph (4), for which hearing or argument the practice of the Full Court shall apply without modification;
(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 appeal had been an appeal to which that section applied, and the judge may issue any process necessary for enforcing the exercise of such powers;