Amendment
of section
25.
Amendment of section 34.
Eepeal and replace-
ment of
acetion 98.
Repcal and replaca- ment of gestion 110.
Amendment
of section
116.
3. Section 28 of the principal Ordinance is amended by the addition thereto of the following new subsection-
“Summary Jurisdiction
(3) Such convictions and orders shall not be Rules, 1915, drawn up unless for an appeal or some other legal
purpose.
I. 53.
4. Subsection (1) of section 34 of the principal Ordinance is amended by the deletion from the side-note thereof of the following—
"Rules. Form 60."
5. Section 98 of the principal Ordinance is repealed and replaced by the following section-
"Imprison- ment for DON-BNY- ment of a pecuniary penalty or amends awarded for an nffence under the Ordinance or any other en- aclment.
A.
98. Whenever a magistrate awards a pecuniary penalty or amends for an offence under this or any other enactment and the same is not paid forthwith, the magistrate may, in the absence of express provision to the contrary in any such enactment, commit the offender to prison with or without hard-labour in accordance with the provisions of section 67:
Provided that where the enactment creating the offence lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment awarded under this section shall not exceed such a term."
Section 110 of the principal Ordinance is repeated and replaced by the following section-
"Compelling
magistrate to state
or amend
110. Where & magistrate refuses to state a case or amend the case stated, the judge of the court may, on the application of the person who applied for a Jef. 16 & 16 case to be stated or the case stated to be amended, make an order of mandamus requiring the magistrate to state a case or amend the case stated."
a case.
Geo. 6 &
1 Eliz. 2
c. 55.
a. 87(6)).
T.
Section 116 of the principal Ordinance is amended by the deletion from the last line of paragraph (c) in subsection (1) of the words "for the case of persons awaiting trial".
of section
8. Section (20 of the principal Ordinance is amended by Amendment the deletion from the fifth line in subsection (2) of the words 1240 "a person awaiting trial" and the substitution therefor of the following-
"(Schedule an appellant under rule 209 of the Prison Rules, to Ordin- ance No. 17 1954".
of 1954).
8. Section 124 of the principal Ordinance is amended by Amendment being re-numbered subsection (1) of section 124 and by the of section addition of the following new subsections-
"(2) In any action under this section it shall be a good defence that the act complained of was not done maliciously and without reasonable and probable cause, and the onus of proving the same shall rest with the magistrate.
(3) Save under and in accordance with the provisions of this section no action shall be in any civil court against a magistrate for any act done in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction."
Passed the Legislative Council of Hong Kong, 26th day of January, 1955-
(Secretariaa 9/3231/53}
Depury sterk of Councils.
་
124.