799
[No. 21-31.7.36.—2.]
A BILL
INTITULED
An Ordinance to amend further the Summary Offences
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 Summary Offences Short title. (No. 2) Amendment Ordinance, 1936.
of Ordinance
2. Paragraph (17) of section 3 of the Summary Offences Amendment Ordinance, 1932, is amended by the substitution of the words No. 40 of "distributes, posts up or exhibits, or causes to be distributed, 1932, posted up or exhibited, any handbill, notice or proclamation' s. 3 (17). for the words "posts up or exhibits, or causes to be posted up or exhibited, any notice or proclamation" in the first and second lines of that paragraph.
paragraph
3. Section 3 of the Summary Offences Ordinance, 1932, New is amended by the insertion of the following new paragraph (174) for after paragraph (17) thereof :-
(17A) In or near any public place defaces any rock or any road-cutting by carving or otherwise marking thereon any letter, character, figure or device;
Ordinance No. 40 of 1932, s. 3.
Objects and Reasons.
1. Section 3 (17) of Ordinance No. 40 of 1932 provides that every person shall be liable to a fine not exceeding $250 who, without lawful authority or excuse, in any public place posts up or exhibits, or causes to be posted up or exhibited, any notice or proclamation in the Chinese language without the permission of the Secretary for Chinese Affairs or a District Officer. This paragraph is not to apply to Government notices.
2. The paragraph in question was taken from paragraph (13D) of section 2 (b) of Ordinance No. 22 of 1930, which was repealed by section 32 of the 1932 Ordinance.
3. A magisterial decision in 1931, under the 1930 Ordin- ance, held that the distribution of a handbill in the Chinese language was "exhibiting a notice". Since then it has been