THE HONGKONG GOVERNMENT GAZETTE, MAY 31, 1918.

18. Section 38 of the principal Ordinance is amended Amendment as follows:

of Ordinan No. 1 of

(4) Sub-section (D) is amended by the insertion of 1815, 2, 38

the words reasonably suspected of having been between the word thing" and the word "stolen" in the second line thereof.

(6) Sub-section (2) is amended by the deletion of The figures 100" in the ninth line thereof and by the substitution therefor of the words.

two hundred and fifty".

the case of

19. Where any offence under paragraph (1) of section Liability of 3 of the principal Ordinance, or under section 13 of the cupier in principal Ordinance as enacted by section 2 of the certain Summary Offences Amendment Ordinance, 1913, is com- offences. mitted on or from any premises the person in actual Ordinance occupation of such premises shall be liable to the same No. 1 of penalty as the actual offender, unless the actual offender 1913, shall first have been prosecuted to conviction, provided that if a dwelling house is let out in flats nothing in this section shall have the effect of imposing liability on any person other than the occupier of the flat on or fron which the offence was committed.

in the case

20.---(1.) Where any offence under paragraph (19) of Liability of section 3 of the principal Ordinance, as enacted by contractor paragraph (q) of section 3 of this Ordinance, is com- of certain mitted on or from any place on which a contractor is employed, the contractor shall be liable to the same penalty as the actual offender, whether the actual offen- der be proseented or not.

(2.) Where any offence under paragraph (20) of section 3 of the principal Ordinance, as enacted by paragraph (7) of this Ordinance, is committed, the con- tractor on whose behalf the trench, opening or other obstruction was formed shall be liable to the same penalty as the actual offender, whether the actual offen- der be pro

rosecuted or not.

(3.) Where any offence under paragraph (5) of section 8 of the principal Ordinance, as enacted by paragraph (h) of section 6 of this Ordinance, is committed, and the earth, stones, building rubbish, or other materials have been removed from any place on which a contractor is employed, the contractor shall be liable to the same penalty as the actual offender, whether the actual offen- der be prosecuted or not,

offences.

prosecute in certain

21.--(1.) Notwithstanding anything contained in the Power to Public Health and Buildings Ordinance, 1903, it shall arrest an be lawful for any police officer to arrest any person found committing an offence against any of the provi- cases, sions of sectious 78, 82, 185, 210 or 211 of the said Ordinance Ordinance, and 10 prosecute such person before a No. Lof magistrate, and every such person shall upon summary 1903. conviction at the suit of such police officer be liable to a fine not exceeding one hundred dollars.

(2.) Nothing in this section shall be construed as affecting any other procedure provided by law for the prosecution of any such offence or as preventing the recovery of any greater penalty hitherto recoverable by such procedure.

22. Section 4 of the principal Ordinance is repealed. Repeat of

Passed the Legislative Council of Hongkong, this 30th day of May, 1918.

Ordinance No. 1 of 1945, s. 14.

A. G. M. FLETCHER,

Clerk of Councils,

Assented to by His Excellency the Governor, the 31st

day of May, 1918,

CLAUD SEVERN,

Colonial Secretary,

237

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