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LEGISLATIVE COUNCIL.
Draft Bill.
No. S. 288.-The following Bill is published for general information :—
[No. 23-24.8.37.—1.]
A BILL
Short title.
Amendment
of s. 97 (2)
INTITULED
An Ordinance to amend further 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, 1937.
2. Sub-section (2) of section 97 of the Magistrates of Ordinance Ordinance, 1932, is amended by the insertion of the words "or with any offence against the Dangerous Drugs Ordinance, 1935,” after the word “wages, in the eleventh line thereof.
No. 41 of 1932.
وو
Objects and Reasons,
1. Section 97 (2) of the Magistrates Ordinance, 1932, leaves the granting of bail to a person charged with felony or with certain serious indictable misdemeanors therein specified in the discretion of the magistrate. Offences against the Dangerous Drugs Ordinance, which are indictable mis- demeanors, are not so specified.
2. Section 97 (3) of the Magistrates Ordinance, 1932, provides that a person charged with any indictable mis- demeanor not specified in subsection (2) is entitled to be admitted to bail on producing such surety or sureties for his appearence as the magistrate thinks fit.
3. Recently there has been a great increase in the number of offences against the Dangerous Drugs Ordinance, 1935, and it is considered desirable that the granting of bail in these cases should be in the discretion of the magistrate instead of compulsory upon him on the requisite surety or sureties being produced.
4. The object of this Bill is, therefore, to add offences against the Dangerous Drugs Ordinance, 1935, to the indictable misdemeanors already specified in section 97 (2) of the Magistrates Ordinance, 1932, in order that the granting of bail, in the case of such offences, may henceforth be in the discretion of the magistrate.
August
10༠༩
C. G. ALABASTER,
Attorney General.