944
LEGISLATIVE COUNCIL.
No. S. 437.—The following Bills were read a first time at a meeting of the Council held on the 20th December, 1928:-
C.S.O.
[No. 21-9.8.28.-1.]
A BILL
INTITULED
Short title.
Repeal of Ordinance
No. 5 of 1865, s. 39, and substitution of new
section.
Repeal of Ordinance
No. 5 of 1865,
ss. 44 and 45, and substitution
of new sections.
An Ordinance to amend the Larceny Ordinance,
1865.
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 Larceny Amendment Ordinance, 1928.
2. Section 39 of the Larceny Ordinance, 1865, is therefor :- repealed and the following section is substituted
Burglary. (6 & 7 Geo. V, c. 50, s. 25)
39. Every person who in the night-
(1) breaks and enters the dwelling- house of another with intent to commit any felony therein; or
(2) breaks out of the dwelling-house
of another, having---
(a) entered the said dwelling- house with intent to commit
any felony therein; or
(b) committed any felony in
the said dwelling-house;
shall be guilty of felony called burglary.
3. Sections 44 and 45 of the Larceny Ordinance 1865, are repealed and the following sections are sub- stituted therefor :-
Housebreak- ing and
committing felony (6 & 7 Geo. V, c. 50,
s. 26)
House- breaking with intent to
commit
felony.
(6 & 7 Geo. V, c. 50, s. 27)
44. Every person who –
(1) breaks and enters any dwelling- house, or any building within the curtilage thereof and occupied therewith, or any school-house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any build- ing belonging to His Majesty, or to any Government Department, or to any other public authority, and commits any felony therein; or (2) breaks out of the same, having
committed any felony therein;
shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding fourteen years, and, if a male under the age of sixteen years, with or without a whipping.
45. Every person who, with intent to commit any felony therein,-
(1) enters any dwelling-house in the
night; or
(2) breaks and enters any dwelling- house, place of divine worship or any building within the curtilage, or any school-house, shop, ware-