THE HONGKONG GOVERNMENT GAZETTE, JUNE 1, 1906.

HONGKONG.

No. 2 of 1906.

An Ordinance further to amend the Magistrates

Ordinance, 1890.

M. NATHAN,

LS

Governor.

[1st June, 1906.]

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 Magistrates Short title (Amendment) Ordinance, 1906, and shall be read and con- and con- strued as one with the Magistrates Ordinance, 1890, here- strnction. inafter called the Principal Ördinance.

2. Sub-section 4 of section 17 of the Principal Ordinance Repeal of is hereby repeale! and the following is substituted there- sub-section 4 for :-

of section 17 of the Prin-

“17.~(4.) If any person having come before any cipal Ordin-

Magistrate whether voluntarily or in obedience ance, and

new sub- section sub-

to a summous or having been brought before him by warrant or otherwise shall refuse to be sworn stituted or having been sworn shall without just excuse therefor. refuse to answer such questions as shall be put Frovision as to him concerning the premises the Magistrate to witness may by warrant under his hand and seal com- refusing to mit the person so refusing to prison for any answer ques-

be sworn or time not exceeding two mouths unless he in tions. the meantime shall consent to be sworn and to auswer concerning the premises or such Magis- trate may impose upon such person a fine not exceeding twenty dollars,”

3. Notwithstanding the exception contained in section Amendment 80 (1) of the Principal Ordinance a Magistrate may deal of section 80 summarily under the provisions of that section with the of the F'rin-

cipal Ordin- case of a person accused, under section 82 (5) (a) of the ance as te Bankruptcy Ordinance, 1891, of the offence of obtaining what indicta- credit under false pretences or by means of any other ble offences frand.

may be summarily dealt with.

the Peace to

warrants.

4. In every case where under the authority of section Power of 37 of the Summary Offences Ordinance, 1845, a Magis- Justices of trate may issue a search warrant to cause any dwelling issue search house or other place to be entered and searched at any time of the day or by night for anything stolen or unlawfully obtained said to be concealed or lodged in such dwelling house or other place it shall be lawful for a Justice of the Peace to issue such warrant.

Passed the Legislative Council of Hongkong, this 31st day of May, 1906.

A. G. M. FLETCHER, Clerk of Councils.

Assented to by His Excellency the Governor, the Ist day of June, 1906.

T. SERCOMBE SMITH,

Colonial Secretary.

921

Share This Page