Short tille.
Amendment
of certain
Ordinances
2
AND WHEREAS in accordance with such section the Law Revision (Miscellaneous Amendments) Ordinance, 1950, was enacted on the 4th day of May, 1950;
AND WHEREAS further omissions, amendments or additions which affect penalties in miscellaneous Ordinances have been so collected and are now submitted;
Be it therefore enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof :
t. This Ordinance may be cited as the Law Revision (Penaltics Amendment) Ordinance, 1950,
2, In respect of each of the Ordinances specified in the penalties in Schedule hereto, and the sections and parts thereof specified in specified in each case in the first column of such Schedule, the penalty specified in the second column of such Schedule is repealed, and in each case there shall be substituted therefor the penalty specified in the third column of such Schedule.
the Schedule.
Certain indictable offences triable
notwith-
3. (1) Whenever in any enactment coming into operation before the commencement of this Ordinance an offence is made summarily punishable upon indictment by imprisonment for a term not exceeding two years or punishable upon indictment by a fine not exceeding two thousand dollars, or punishable upon indictment by such imprisonment or such fine in the alternative, such offence shall be a misdemeanor triable summarily.
standing provisions to the contrary.
(2) Whenever in any enactment coming into operation before the commencement of this Ordinance an offence is made punishable in manner specified in the previous subsection, and also upon summary conviction, such offence shall be 期 misdemeanor triable summarily, and the provisions in such enactment relating to summary conviction shall be deemed to have been repealed hereby if the punishment upon summary conviction is less than that which could be imposed upon indictment.
(3) The enactments affected by this section shall be deemed to have been amended by this section whether or not such enactments are also affected by amendments enacted by section 2 of this Ordinance.
4.
of
The Interpretation Ordinance, 1950, is amended by the Amendment addition after section 14 of the following--
Ordinance No. 2 of 1950.
"Construc- 14A. (1) A provision in an Ordinance to the tion of general effect that any breach or contravention of regulations penalties
made or deemed to be made or taking effect by virtue clause regarding of such Ordinance shall constitute an offence, or regulations."
prescribing punishment for breach or contravention of such regulations, shall be deemed to include power to prescribe by such regulations that the contravention of any particular regulation shall or shall not constitute an offence and to include power to prescribe by such regulations punishment therefor not exceeding that so prescribed in the Ordinance for breach or contravention of the regulations: Provided that except insofar as the power deemed by this subsection to be included in such provision is exercised, such provision shall be construed and take effect as if no such power had been conferred.
(2) Notwithstanding the provisions of section
2 of this Ordinance-
any
(a) this
to section shall apply enactment coming into operation prior to the commencement of this Ordinance, notwithstanding any contrary expression in such enactment;
(b) this section shall apply to any enactment coming into operation after the
This Ordinance,
commencement
أن
unless the
operation of this section is expressly excluded."
6. This Ordinance shall come into force on such date as Commence- the Governor shall notify by proclamation in the Gazette.
mant.