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B

Report on an Ordinance intituled

An Ordinance to amend the Magistrates Ordinance,

1890, and for purposes connected therewith,

519

Sections 2 and 3 of this Ordinance are to enable a magistrate

to proceed ex parte upon the failure of the defendant to appear

The effect of these Sections will be

t

in answer to his suramona,

to assimilate the law on this point to that in force in England.

Section 4 is inserted in order to make it clear that the

above two sections will apply to all summonses issued after the commencement of the Ordinance whether the offence was committed

before or after that date.

Section 6 proposes to raises the maximum fine to 250 in the case of indictable offences tried summarily. This is in order to assimilate the maximum fine in this class of case to the

Doction maximum fine adopted in alause 6 in accordance with the law in force in England.

Section 6 is intended to give a magistrate power in all cases to impose a fine instead of imprisonment. It is taken

from the Summary Jurisdiction Act, 1879, The magistrates in Hongkong already have power to fine in most cases, but a few cases exist in which they have not.

Examples are the offence of unlawful paming and the offences punishable under the Vagranoy Act, 1824.

Section 7 is intended to assign to Ordinance No. 28 of 1913 a different short title from that of Ordinance No.3 of 1913.

In my opinion this is an Ordinance to which His Excellency

the Governor may properly assent in the name of His Majesty and on His behalf.

Attorney General,

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