202
124
Amendment
of section 92
of the
principal
Ordinance.
Amendment
of section 93
of the
principal Ordinance.
Amendment
of section 94
of the
principal Ordinance.
Substitution
THE HONG KONG GOVERNMENT GAZETTE.
33.
Section 92 of the principal Ordinance is hereby amended the substitution of the words "two hundred and fifty" for the word "one hundred" in the fourth and fifth lines thereof.
34. Section 93 of the principal Ordinance is hereby amended by the substitution of the words "five hundred" for the word "fifty" in the last line thereof.
35.
Section 94 of the principal Ordinance is hereby amended-
(a) by the substitution of the words "two hundred and fifty" for the words "one hundred" in the fifth line of sub-section (1) thereof; and
(b) by the substitution of the words "five hundred" for the words "one hundred" in the last line of sub-section (2) thereof.
36. The following section is hereby substituted for section 96 of
of new section the principal Ordinance :— for section 96
of the principal Ordinance.
Amendment
of section 97
of the
principal
Ordinance.
"Forfeiture
of articles in certain
cases.
37.
96. Whenever any person is found by any police officer or officer of the Sanitary Department hawking without a licence, or committing an offence against any Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, such officer is hereby empowered to convey or cause to be conveyed before a magistrate all the articles being displayed, hawked and sold, and also the utensils, vessels or other paraphernalia in the apparent use of such offender, and the magistrate may, on conviction of the offender, order the forfeiture of all such goods, utensils, vessels and other parapher- nalia in addition to or in substitution for any other fine or punishment which he may by law impose."
Section 97 of the principal Ordinance is hereby amended— (a) by the repeal of sub-sections (2) and (3) thereof and their replacement by the following sub-section :—
"(2) Subject to the provisions of sub-section (1) where a person is charged with an indictable offence a magistrate may in his discretion admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence and thereupon the magistrate shall take the recognizance of the accused and his surety or sureties conditioned for the appearance of the accused at the time and place of trial and that he will then surrender and take his trial and will not depart the court without leave.";
(b) by the repeal of sub-section (7) thereof.
201
38.
SUPPLEMENT NO. 1, MAY 20,
1949.
125
Section 99 of the principal Ordinance is hereby amended Amendment y the substitution for sub-sections (9) and (10) of the following sub-sections:-
39.
(9) No application for a review shall be granted and no exercise by a magistrate shall be made of the power conferred on him by sub-section (5) subsequent to the commencement of proceedings by either party with a view to questioning the decision of the magistrate by way of appeal mandamus or certiorari, unless such pro- ceedings shall have been abandoned.
(10) For the purpose of determining the time, within which an appeal whether by way of case stated under section 100 or under section 108 may be lodged, the determination of a case by way of review under this section or the refusal to grant a review shall, in the event of such determination or refusal and notwithstanding any- thing contained in the sections aforesaid, or in section 109 be the date as from which the respective periods for lodging an appeal shall run but nothing in this Ordinance shall authorise an appeal, whether by way of case stated or otherwise, from the refusal of a magistrate to grant a review,'
of section 99 of the principal Ordinance.
The following Part VI is substituted for Part VI, including Substitution sections 100 to 1181, of the principal Ordinance :-
Application
*
to state case on point of law. (cf. 20 & 21 Vict. c.43, S.2; 42 & 43 Vict. c.49, 5.33.]
First Schedule,
Forms Nos.
84 & 87.
PART VI.
APPEALS.
Appeal by way of case stated on point of law.
100. Within seven clear days after the hearing and determination by a magistrate of any complaint, infor- mation, charge or other proceeding which he has power to determine in a summary way, either party thereto or any person aggrieved thereby who desires to question by of appeal any conviction, order, determination or way other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the magistrate to state and sign a case setting forth the facts and the grounds on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for the opinion of a judge of the court. In the case of any determination which a magistrate has power to determine in a summary way and which relates to or is connected with an offence the Attorney General shall notwithstanding that he may not be deemed to be a party, have a similar right to apply for a case to be stated as that hereinbefore afforded to the parties and upon the exercise of such right by the Attorney General the complainant or informant shall cease to be a party to any further proceedings.
of Part VI of the principal Ordinance.
•