500
LEGISLATIVE COUNCIL.
No. S. 324.-The following Bills were read a first time at a Meeting of the Council held on the 3rd October, 1912 :-
A BILL
Short title.
Amendment of section 5 of Ordinance 9 of 1899.
Repeal of section 4 of Ordinance No. 7 of 1910 and substitution
of new sec- tion therefor.
ENTITLED
An Ordinance to amend the Law relating to
Criminal Sessions.
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--
1. This Ordinance may be cited as the Criminal Sessions Law Amendment Ordinance, 1912.
2. Section 5 (1) of the Criminal Procedure Ordinance, 1899, is hereby amended by the insertion of the words “with the exception of the months of January and July" after the word "month" in the second line.
3. Section 4 of the Magistrates Amendment Ordinance, 1910, is hereby repealed and the following section is substituted therefor :-
4. Section 77 of the Principal Ordinance is hereby repealed and the following section is inserted in lieu thereof :-
77.-(1.) If the Magistrate commits the accused to prison for trial between the 10th and 18th days both inclusive of any month with the exception of the months of December and June he shall inform or cause the accused to be informed thereof in the words or to the effect following:- *.I.B., you stand committed to Gaol until the Criminal Sessions of the Supreme Court which will be holden next month there to take your trial.'
(2.) If the Magistrate commits the accused to prison for trial on any other day of the month except between the 10th and 18th days both inclusive of the months aforesaid except the months of December and June or if such Magistrate com- mits the accused to prison for trial on any day in the months of December and June he shall inform or cause the accused to be informed thereof in the words or to the effect following
A.B., you stand committed to Gaol until the next Criminal Sessions of the Supreme Court there to take your trial,"
Provided always that the Court may of its own mo- tion or on the application either of the Crown or of the accused order the accused to be tried on such date as the Court may fix."
Objects and Reusons.
The object of this Bill is to provide for the non-holding of Criminal Sessions in the mouths of January and July, these two months being those in which it has been ascer- tained that it will be convers. For the Judge of 11.B.M.'s Court in Shanghai to visit ongkong for the purpose of carrying out the duties which will be undertaken by him under the provisions of the Full Court Ordinance, 1912. The Bill also makes the recess ry consequent amendments in that section of the Magis rutes Ordinance, 1890, which determines the date at which a prisoner committed by a Magistrate for trial must come Lefore the Criminal Sessions.
JOHN A. BUCKNILL, Attorney General,
Da