1216
THE HONGKONG GOVERNMENT GAZETTE, 19TH DECEMBER, 1896.
·
Limitations
of suits. (Ibid, B. 31.)
Power to make rules and regulations. (Ibid s. 38, as amended by 6 of 1894.)
36. Any suit, action or prosecution against any person for anything done in pursuance or execution or intended execution of this Ordinance or of any Rules or Regulations made in pursuance thereof shall be commenced within three months after the thing done and not otherwise.
Notice in writing of any suit or action and of the cause thereof shall be given to the intended defendant one mouth at least before the commencement of the suit or action.
In any such suit or action the defendant may plead generally or set up by way of special defence that the act complained of was done in pursuance or exceution or intended execution of this Ordinance or of any such Rules or Regulations as aforesaid and may give this Ordinance and such Rules or Regulations and the special matter in evidence at any trial to be had thereupon.
The plaintiff shall not recover if tender of sufficient amends is made before suit or action brought or if after suit" or action brought a sufficient sum of money is paid into Court by or on behalf of the defendant.
If a verdict passes or decree is given for the defendant, or the plaintiff becomes non-suit or discontinues the suit or action after issue joined or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.
Though a verdict or decree is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the suit or action.
37. (1.) The Governor in Council may make rules and regulations for and in respect of all or any of the following purposes or matters :-
(a.) The care, maintenance and education of women and
girls detained under Part II of this Ordinance. (b.) The manner and conditions in and under which the powers conferred by this Ordinance shall he exercised by the persons on whom such powers are conferred.
(c.) And generally in relation to any matters whether similar or not to those above-mentioned as to which it may be expedient to make rules for carrying into effect the objects of this Ordinance. (2.) Such Rules or Regulations shall take effect at the expiration of seven days after the publication thereof in the Gazette, and a copy of the Gazette containing such public- ation shall be conclusive evidence of such Rules or Regula- tions.
(3.) Any person disobeying or infringing any of such Rules or Regulations shall be guilty of an offence against this Ordinance and shall be liable to a fine not exceeding fifty dollars or to imprisonment with or without hard labour for a period not exceeding one month or to both.
38. The Ordinances mentioned in the Schedule to this Ordinance are hereby repealed to the extent mentioned in the third column of that Schedule. The Resolution of the Legislative Council, passed on the 12th day of April, 1894, to the effect that, "Part II. of the Women and Girls' Pro- tection Ordinance, 1890,' shall continue in force for a further period of five years," is also hereby repealed.
SCHEDULES.
A.
TABLE OF ORDINANCES REPEALED.
Number 2nd Year of
Title or Short Tule and Date of Ordinance.
Extent of Repeal.
Ordinance.
Sections 42,
43, 46, 47,
Ordinance An Ordinance relating to Offences against
4 of 1865. the Person. [2nd June, 1865.]
Ordinance Offences against the Person-Amendment.
9 of 1890.
and 48. The whole.
Ordinance The Women and Girls' Protection Ordi- The whole. 11 of 1890. nance, 1890. [23rd July, 1890.]
Ordinance Offences against the l'erson-Amendment. The whole. 7 of 1892.