Amendment
of para-
graph (a)
of sub-
2. Paragraph (1) of sub-section (2) of section 2 of the principal Ordinance is hereby amended by adding the words "or against any law in force in the Colony" after the word
section (2), "regulations" in the second line thereof.
of section 2
of the principal
Ordinance.
Repeal and
3.
Section 3 of the principal Ordinance is hereby repealed
replacement and replaced by the following section z-
of section 3
of the
principal Ordinance.
"Penalties.
3. (1) Without prejudice to the powers pon- ferred by section 3, regulationsmade hereunder may provide for the punishment of any offence (whether such offence is a contravention of the regulations or an offence under any law applicable to the Colony) with such penalties and sanctions (including; the penalty of death), and may contain such provisions in relation to forfeiture disposal and retention of any article connected in any way with such offence and as to revocation or cancellation of any licente, permit, pass or authority issued under the regulations or under any other enactment as to the Governor in Council may appear to be necessary or expedient to secure the enforcement of any regulation or law or to be otherwise in the public interest.
(2) Every person who contravenes any regu- lation made under this Ordinance shail, where no other penalty or punishment is provided by such regulations, be liable upon summary conviction by a magistrate to imprisonment for any term not ex- ceeding two years and to a fine not exceeding five thousand dollars,
(3) Notwithstanding the provisions of sub- section (1) if any regulation made under this Ordin- ance provides either-
(a) that a contravention of such regu-
lation shall be punished with death; or
(b) that an offence, not punishable with death under the law in force immediately prior to the making of such regulation, shall be punishable with death, or uses words to a similar effect;
4.
such provision shall be subject to the approval of Legislative Council and if approved shall come into operation on such date as may be specified by resolution of Legislative Council.”
any
For the purpose of removing doubts it is hereby declared Declaratory that the words in sub-section (1) of section 2 "he may make
provision as to effect regulations whatsoever which he may consider desirable in the of principal
Ordinance. public interest" shall be deemed always to have included power to make such regulations as are mentioned in paragraph (g) of sub-section (2) of section 2 and it is further declared that the provisions of sub-section (4) of section 2 shall be deemed always to have been incorporated in the principal Ordinance.
Passed the Legislative Council of Hong Kong, this 31st day of August, 1949.
Altsameet
Clerk of Councils.