Amendment
17. Section 86 of the principal Ordinance is amended by the of section 86. insertion in subsection (1), after “accused" in the first place where it
occurs, of the following-
Amendment
"the statements (if any) admitted in evidence on behalf of the prosecution".
18. Section 90 of the principal Ordinance is amended by the of section 90. insertion, after paragraph (b), of the following new paragraph--
Addition of
new section 91A.
Amendment
of section 117.
Amendment
of Second
Schedule.
"(ba) any statement that has been admitted in evidence under section 80A shall be disregarded, but the prosecutor may call the person who made the statement to give verbal evidence as a witness and his evidence shall be taken in the manner set out in section 33;”.
19. The principal Ordinance is amended by the addition, after section 91, of the following new section-
"Coasent of prosecutor to be obtained.
91A. Notwithstanding anything contained in section 88, 89 or 91, an indictable offence shall not be dealt with summarily, unless the consent of the prosecutor has been obtained.".
20. Section 117 of the principal Ordinance is amended by the deletion of the full stop at the end thereof and the substitution therefor of a semicolon, and by the insertion thereafter of the following new paragraph-
"(g)
where an appellant has been convicted of an offence and the magistrate could on the complaint or information have found him guilty of some other offence, the judge may. if he considers that the magistrate must have been satisfied of facts which proved the appellant guilty of that other offence, substitute for the conviction recorded by the magistrate a conviction of that other offence and pass such sentence in substitution for the sentence passed by the magistrate as may be warranted in law for that other offence.".
21. The Second Schedule to the principal Ordinance is amended by the deletion, in Part III, of Item 2 and the substitution therefor of the following-
(Cap. 210), (Cap. 112), (Cap. 238).
"2. Any offence which is punishable with imprison- ment for life except an offence against section 40, 42 or 46 of the Larceny Ordinance or section 17 of the Offences against the Person Ordinance or an offence punishable under section 29 of the Arms and Ammunition Ordinance.".
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 27th day of October, 1965, and is found by me to be a true and correctly printed copy of the said Bill.
Deputy Clerk of Councils.
(Secretariat GR9/3231/53)