Section 8.--This corrects omissions in sections 37 and 38 of the Liquor Licenses Ordinance, 1898, to provide penalties for offences subsequent to the second one.
Section 9 corrects a mistake which was due to the fact that the Criminal Procedure Ordinance was originally drafted in 1898.
The object of sub-section (1.) of section 10 is to amend an error in the first line of section 23 of Ordinance 33 of 1900, which was pointed out in a despatch dated the 14th March, 1901, from the Secretary of State for the Colonies.
The object of sub-section (2.) of section 10 is to remove an ambiguity (which was referred to in the same despatch) Arising from the use of the words "and shall be recoverable in like manner as other Crown debts in respect of rent and otherwise as therein mentioned."
Section 11. This corrects an omission in Ordinance 4 of 1901, which was pointed out in the Secretary of State's Despatch (No. 178) of the 16th May, 1901.
The object of the amendment introduced by section 12 is to provide that, in default of a reply on any subsequent pleading being filed within the time allowed, the material statements of fact in the pleading last delivered are put in issue.
The object of section 13 is to amend sub-section (2.) of section 514 of the Code of Civil Procedure, so as to provide for the case of the non-appearance of a party.
The object of section 14 is to amend a mistake in section 10 of Ordinance 9 of 1901, which was pointed out in a despatch from the Secretary of State when that Ordinance was sent home for approval.
The object of section 15 is to set right a clerical error in Ordinance 13 of 1901.
The Schedule (i.). As regards the repeal of Ordinance 3 of 1854.
Ordinance 3 of 1854 introduced into this Colony the provisions of the following English Acts of Parliament:-
(a.) 6 & 7 Victoria chap. 34, repealed by Ordinance 4 of 1887.
(b.) 6 & 7 Victoria chap. 85, repealed by Ordinance 2 of 1889.
(c.) 6 & 7 Victoria chap. 96, repealed by Ordinance 5 of 1887.
(d.) 7 & 8 Victoria chap. 62, repealed by Ordinance 11 of 1865.
(e) 8 & 9 Victoria chap. 47, repealed by Ordinance 11 of 1865.
(f) 9 & 10 Victoria chap. 25, repealed by Ordinance 11 of 1865.
(g.) 10 & 11 Victoria chap. 66, repealed by Ordinance 11 of 1865.
(h.) 14 & 15 Victoria chap. 19, which was repealed by Ordinance 11 of 1865 so far as related to sections 1, 2, 3, 4, 8, and 9.
(i) 15 & 16 Victoria chap. 24, repealed by Ordinance 28 of 1886.
It will accordingly be seen that, in repealing Ordinance 3 of 1854, the only question which has to be considered is the question of the necessity for continuing the provisions of 14 & 15 Victoria chap. 19, other than sections 1, 2, 3, 4, 8, and 9 which were repealed, so far as this Colony was concerned, by Ordinance 11 of 1865, as above stated.
Section 5 of the Statute 14 & 15 Victoria chap. 19 will be found embodied in section 57 of the Criminal Procedure Ordinance, 13 of 1899.
As regards sections 6 & 7 there are no Railways in this Colony.
As regards section 8 the law as to Arson embodied in Ordinance 8 of 1865 appears to be sufficient.
The remaining sections of 14 & 15 Victoria chap. 19, dealing mainly with matters of procedure, are obviously not needed now.
(ii.) Repeal of sections 8 to 11 of Ordinance 12 of 1856.
Section 8, as to the punishment of accessories to nuisances, appears to be unnecessary now. As to the punishment of accessories in cases triable summarily, see Ordinance 10 of 1890 s. 37, and as to accessories in other cases, see 5 of 1865 sections 1 to 4.
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Section 9, which incorporates this Ordinance with certain other Ordinances, seems to be superfluous.
As regards section 10, the matters of procedure referred to in the first part of that section are dealt with fully by the Magistrates Ordinance, 1890, whilst the latter part of the section refers to certain provisions of Ordinance 8 of 1856, the whole of which Ordinance was repealed by Ordinance 15 of 1889.
With regard to section 11 of Ordinance 12 of 1856, costs are provided for sufficiently by The Magistrates Ordinance, 1890.
(iii) Repeal of Ordinance 7 of 1858.
This Ordinance is now wholly unnecessary. It amended Ordinance 11 of 1844, which was repealed with the exception of sections 38 and 39 by Ordinance 21 of 1886; sections 38 and 39 being subsequently repealed by Ordinance 21 of 1887.
(iv) Repeal of section 18 and of sections 29 to 31 of Ordinance 8 of 1858.
As regards section 18, the Registrar General reports that it has not been acted on for many years.
As regards sections 29 to 31, which deal principally with matters of procedure, the Magistrates Ordinance, 1890, seems to deal with such matters sufficiently.
(v.) Repeal of Ordinance 5 of 1860.
This Ordinance repealed Ordinance 5 of 1858 simply and it seems unnecessary that it should appear in a revised edition of the Ordinances. (See Ordinance 24 of 1897, s. 10 (2.).)
(vi.) Repeal of Ordinance 3 of 1862.
This Ordinance consists of three sections only, of which sections 1 and 2 made certain amendments in Ordinance 18 of 1860, which was repealed by Ordinance 29 of 1890, whilst section 3 contained a suspending clause.
(vii.) Repeal of Ordinance 7 of 1864.
The effect of this Ordinance is spent. It simply authorized a compilation of a new edition of the Ordinances, as they then stood; omitting all Ordinances or parts of Ordinances which had ceased to be of effect.
(viii) Repeal of Ordinance 9 of 1864.
This Ordinance gave certain further powers to the Commissioners appointed to compile a New Edition of the Ordinances and effected certain amendments in various Ordinances and parts of Ordinances which have since been repealed.
(ix.) Repeal of section 29 and part of section 34 of Ordinance 7 of 1865.
As regards section 29, the effect of it will be found enacted in section 58 of Ordinance 13 of 1899.
As regards the part of section 34 which is repealed, the matter included in the repealed portion appears to be covered by sections 25 and 53 of Ordinance 13 of 1899.
(x.) Repeal of Ordinance 1 of 1865, except section 5.
Sections 1 to 4 of this Ordinance introduced small amendments in various Criminal statutes.
Section 5 substituted a new section 64 in Ordinance 4 of 1865.
Section 6 authorized the Commissioners to make the amendments passed by this Ordinance in their new edition of the statutes.
(xi.) Repeal of Ordinance 1 of 1868 sections 10 to 31.
The repealed portions of this Ordinance provided for the institution of a Special Court to be called "The High Court of Hongkong for the Suppression of Piracy."
It is believed that such a Special Court for the trial of Piracy has never been constituted yet, and there is no likelihood that it will be so constituted.
(xii.) Repeal of Ordinance 7 of 1868.
The whole of this Ordinance, which relates to Juries, except s. 9, which is a suspending clause, has been repealed by Ordinances 8 of 1872, 18 of 1887, and 17 of 1888.
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