37
not less than three years". The
intention was that the words "penal servitude"
should not themselves be deleted anywhere
from the Act, the reason being, as
explained, that if they are deleted
and section 53(7) amended, as it has
in fact been amended by paragraph 5(a)
of the schedule, the scale of punishments
in section 52 is upset. This is
evident when one looks at, e.g.,
section 2 of the Act. Misconduct in
Lya Commanding offerin
action, if due to negligence, is
punishable with dismissal with
disgrace and any less punishment.
Under the Act as in force in
England (section 53(6)) this means
that two years imprisonment can be
awarded. As adapted in Hong Kong,
however, the possible punishment
would be imprisonment for life (see
paragraph 5(a) of the schedule).
3.
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