INCLOSURE 2
510
C.O
43239
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Reef 9 DEC 01
ATTORNEY GENERAL'S OFFICE. RECO
Hong Kong, 6th November 1901.
Report on Ordinance 29 of 1901.
I have examined the accompanying Ordinance, entitled
An Ordinance for promoting the Revision of the Statute Law by repealing Enactments which have ceased to be in force or have become unnecessary and by making Amendments in various Ordinances,
and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.
Objects and Reasons.
Section 4.-The rate of two shillings to the dollar would appear to be a convenient average round sum to take as an equivalent.
Section 5.-(1.) The Magistrates Ordinance contains full provisions as to procedure for the recovery of a fine or penalty. (See Ordinance 10 of 1890, sections 39 to 48.)
(2.) As to imprisonment in default of payment of any fine or penalty in respect of any offence punishable summarily, see Ordinance 10 of 1890, s. 57.
The object of section 6 is to enable a recognizance to be entered into before the Assistant Superintendent of Victoria Gaol as well as before the Superintendent.
The reason for the amendment is that, in view of the fact that the Superintendent of Victoria Gaol no longer resides in the Prison, inconvenience and delay sometimes occur in cases where application is made at the Gaol to enter into recognizances for a prisoner, at a late hour in the day, after the Magistrate and his Clerk have left the Magistracy.
Section 7.-This corrects an accidental slip in section 82 of the Bankruptcy Ordinance, 1891.