89
Repeal of Ordinance No. 3 of 1890, B. 112, and substitution
of new
section.
Insertion
of new
copy thereof, shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the pro- ceedings therein recorded took place.
22. Section 112 of the Magistrates Ordinance, 1890, is repealed and the following section is substituted therefor :-
Treatment
of appel- lant pending appeal or
112.-(1) Any judge shall have power to admit to bail any appellant who is in the custody of the Superintendent of Prisons, or such judge may order him to be brought up rehearing to the court in custody for the purpose of attending the appeal or any application or proceeding therein.
section 113A
in Ordinance
Ordinance
No. 4 of 1899.
7 Edw. 7, c. 23,
s. 14 (3).
(2) Every person who has applied in writ- ing to a magistrate to state and sign a case, or who has applied to a magistrate for leave to appeal to the Full Court by way of a re- hearing, or who has applied to a magistrate to review his decision or adjudication under the provisions of section 96, shall, if he is in the custody of the Superintendent of Prisons, be treated, pending the determination of such application and of the subsequent appeal or review, if any, in such manner as may be directed, by the rules made under the Prisons Ordinance, 1899, for the case of persons awaiting trial.
(3) The time during which an appellant, pending the determination of his appeal, is admitted to bail, and, subject to any direc- tions which the Full Court may give to the contrary, the time during which the appel- lant, if in custody, is treated under this section as if he were a person awaiting trial, shall not count as part of any term of impri- sonment under bis sentence, and any impri- sonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the Full Court, shall, subject to any directions which may be given by the Full Court, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody as from and including the day on which the appeal is determined, or, if he is not in cus- tody, as from and including the day on which he is received into prison under the sentence. (4) Sub-sections (1) and (3) shall apply to the case of a person who has applied for a re-hearing under the provisions of section 96, as if he were an appellant, save that refer- ences to a judge shall be understood as references to the magistrate by whom the original proceeding was determined, refer- ences to the Full Court shall be understood as references to such magistrate upon the re- hearing, and references to an appeal shall be understood as references to a review.
23. The following section is inserted in the Magis-
trates Ordinance, 1890, immediately after section 113 thereof :-
No. 3 of 1890. Death, 113A. If any step in or in connexion absence or with any appeal or intended appeal is ren- incapacity
dered impossible by the death, absence or magistrate. incapacity of a magistrate, the Full Court upon motion shall have power for good cause
of
7
to order that the case be heard de novo by the Full Court and the same shall be so heard accordingly.
24. The following section is inserted in the Magis- Insertion trates Ordinance, 1890, immediately after section 126 of new thereof :-
section 127 in Ordinance No. 3 of 1890,
Amend- ment of Jaw as to rogueg
127. That part of section 4 of the Vagrancy Act, 1824, which relates to suspected persons and reputed thieves frequenting certain places and vaga with intent to commit felony shall be read and construed subject to the following pro- visions :-
bonds.
34 & 35 Vict. c. 112, s. 15.
54 & 55 Vict. c.
69, s. 7.
(a) The part in question shall be read and construed as if instead of the words "highway or place adjacent" there were inserted the words " any highway or any place adjacent to a street or bighway".
or
() In proving intent to commit felony it shall not be necessary to show that the person suspected was guilty of any particular act or acts tending to show his purpose or intent, and he may be convicted if from the circumstances of the case, and from his known character as proved to the magistrate before whom he is brought, it appears to such magis- trate that his intent was to commit a felony.
(c) The part in question shall apply also to every suspected person or reputed thief loitering about or in any of the places referred to with the in- tent specified as it applies to sus- pected persons and reputed thieves frequenting the places referred to with the intent specified.
25. Form No. 70 in the First Schedule to the Amendment Magistrates Ordinance, 1890, is amended by the addi- of Ordinance tion of the following words to the form of caution, First
No. 3 of 1890, immediately after the words "upon your trial":- Schedule,
Form No. 70.
1
And you are clearly to understand that you "have nothing to hope from any promise of "favour and that you have nothing to fear from
22
any threat which may have been held out to
you to induce you to make any admission or "confession of your guilt, but that whatever you say now may be given in evidence upon your "trial notwithstanding such promise or threat".
Third
26. Paragraph 9 of the Third Schedule to the Amendment Magistrates Ordinance, 1890, is amended by the addi- of Ordinance tion at the end thereof of the words, "other than the No. 3 of 1890 offence of obtaining credit under false pretences or by Schedule, means of any other fraud under section 82 (5) (a) of the Bankruptcy Ordinance, 1891.”
Passed the Legislative Council of Hong Kong, this 15th day of December, 1927.
E. W. HAMILTON,
Deputy Clerk of Councils.
Ordinance No, 7 of 1891.
90