Amendment
2
(6) by the deletion of the full stop at the end thereof and the
addition of the following-
3.
*: Provided that in any case the delivery by the magistrate of his determination and any proceedings subsequent thereto, other than a review under section 102 which requires the hearing of evidence, shall take place in open and public court.".
Section 35 of the principal Ordinance is amended by the of section 35. deletion of subsection (1) and the substitution therefor of the following
new subsection—
Amendment
"(1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrale thinks that the charge is proved but is, of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was com- mitted, it is inexpedient to indict any punishment or any othe than a nominal punishment, the magistrate, with or without record- ing a conviction, may make an order either-
4.
(a) discharging the offender absolutely; or
(b) discharging the offender conditionally on his entering into a recognizance, with or without surelics, in a sum not greater than five hundred dollars, to be of good behaviour and to appear for conviction and sentence or for sentence, as the case may be, when called on at any time during such period, not exceeding three years, as may be specified in the order.".
Section 95 of the principal Ordinance is amended by the of section 95 deletion of the words "two hundred and fifty dollars" and the sub-
stitution therefor of the following--
Amendment of section
118.
"five hundred dollars".
Subsection (2) of section 118 of the principal Ordinance is amended by the deletion of the full stop at the end thereof and the addition of the following-
*: Provided that the provisions of this subsection shall not apply to the payment of costs ordered by the judge to be paid by the Attorney General.".
Passed the Legislative Council of Hong Kong, this 18th day of May, 1960.
(Secretariat GR9/3231/53)
Deputy Clerk of Councils.
HONG KONG
No. 17 of 1960.
1 assent.
Cramon Burgess
Officer Administering the Government.
19th May, 1960.
An Ordinance further to amend the Urban Council Ordinance. 1955.
[20th May, 1960.]
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows-
1. This Ordinance may be cited as the Urban Council (Amend- Short déle, ment) Ordinance, 1960.
2.
Section 2 of the Urban Council Ordinance, 1955 (hereinafter Amendment referred to as the principal Ordinance) is amended by the deletion of section 2. therefrom of the definition of the words "Health Officer",
(14 of 1955).
3. Section 3 of the principal Ordinance is amended by the deletion Amendment from sub-paragraph (ii) of paragraph (a) thereof of the words "Assistant of section 3. Director of Health Services" and the substitution therefor of the following-
"Deputy Director of Medical and Health Services".