120
THE HONG KONG GOVERNMENT GAZETTE.
Amendment
of sub-
section (2)
of section 54
of the
principal
Ordinance.
Substitution
of scale in
section 62 of the
principal
Ordinance.
Amendment
19.
Pro-
that the said term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court: vided that where two or more terms of imprisonment imposed by a magistrate are ordered to run consecutively the aggregate of the said terms of imprisonment shall not, in the case of a special magistrate, exceed twelve months and in the case of a permanent magistrate exceed three years.
Sub-section (2) of section 54 of the principal Ordinance is hereby amended by the substitution of the words "one hundred" for the words "twenty-five" in the second line thereof.
20. The following scale is hereby substituted for the scale set forth in section 62 of the principal Ordinance :—
"Where the amount---
does not exceed $20
exceeds $20 but does not exceed $50
21.
the period of imprisonment
shall not exceed―
7 days
14
$50 $100 $500 $1,000
$100.....
1 month
12
31
1
15
11
++
$500..
2 months
1
25
$1,000
3
77
6
Section 63 of the principal Ordinance is hereby amended by of section 63 the substitution of the word "fifty" for the word "five" wherever the
same appears.
of the
principal
Ordinance.
Amendment
of section 65
of the
principal
Ordinance.
Amendment
of section 73
of the
principal
Ordinance.
[cf. 4 & 5
Gco. 5, c.58,
s.20 (2).]
[cf. 4 & 5 Geo. 5, c.58,
$.20 (1).]
22. Sub-section (1) of section 65 of the principal Ordinance is hereby amended by the substitution of the word "twenty" for the word "two" in the second line thereof.
23. Section 73 of the principal Ordinance is hereby amended-- (a) by the insertion of the words "unless the person remanded and the prosecutor consent" after the words "not exceeding❞ in the ninth line of sub-section (1); and
(b) by substituting for the figure "2" immediately following sub-section (1) the figure "3"; and
(c) by the insertion of a new sub-section (2) as follows:-
"(2) A magistrate, on being satisfied that a person accused of any offence who has been remanded is by reason of illness or accident unable at the expiration of the period for which he was remanded to appear personally before the magistrate, may, in the absence of the accused person, order him to be further remanded for such time as may be deemed reasonable."
197
24.
SUPPLEMENT NO. 1, MAY 20, 1949.
198
121
of new section
The following section is hereby substituted for section 76 of Substitution the principal Ordinance :-
for section 76
"Provisions as to taking of depositions, and caution
to and state- ment of accused on proceedings before examining justices.
[cf, 15 & 16 Geo. 5, c.86, s.12,
5.5. (2).]
[cf. 15 & 16 Geo. 5, c.86, s.12, S.S. (3).]
[cf. 15 & 16 Geo. 5, c.86, s.12, s.s.(4).]
25.
Ordinance.
76. (1) After the examination of all the witnesses of the for the prosecution has been completed, subject to the principal rejection of any submission made that there is no case which the accused should be called upon to answer, the magistrate shall read the charge to the accused and explain the nature thereof to him in ordinary language, and inform him that he has the right to call witnesses, and, if he After so so desires, to give evidence on his own behalf. doing the magistrate shall then address to him the follow- ing words or words to the like effect-
"Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial."
(2) Before the accused makes any statement in answer to the charge, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any pronise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat.
(3) Whatever the accused says in answer to the charge shall be taken down in writing and read over to the accused and signed by the magistrate and, if the accused so desires, by him, and shall be transmitted with the depositions as hereinafter mentioned. On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement did not in fact sign it.'
of new section
The following section is hereby substituted for section 77 of Substitution the principal Ordinance:-
for section 77 77. (1) Immediately after complying with the re- of the quirements of the preceding section relating to the principal statement of the accused, and whether the accused has or has not made a statement, the magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnesses.
"Evidence of accused and defence witnesses.
[cf. 15 & 16 Geo. 5, c.86, s.12, 5.S.(5) & (6).]
(2) If the accused in answer to the question states that he wishes to give evidence but not to call witnesses, the magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.
Ordinance.