1946-HKRS28-8-13_Part01 — Page 15

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Ordinances.

Fraudulent Transfer of Businesses Ordinance, 1923.

Note-isaning Banks Extension of Powers Ordinance, 1939,

Amendments.

Sub-section 3 of Section 3 of the Fraudulent Transfer of Businesses Ordinance, 1929. hereby amended by the deletion of the words between "be deemed to be complete " and The particulars sad the substitution

therefor of

' (b) upon the expiration of one month from the publication of the antics in the manner uforesaid; or

(b) if such notice shall have been given during the Hong Kong British Military Administration upon the expiration of one month after the re-establishment of the Supreme Court in its Civil jurisdiction."

Section 3 of the Note-issuing Banka Extension of Towers Ordinance, 1930 is hereby amended by

(a) the deletion of the words "*12th day

of July, 1940" in the fifth line and

the substitution therefor of the wordle **12th day of July, 1946 **.

(b) the addition at the end of the soctino

of the words:--

I. E

Notwithstanding that the provisious of any Ordinance requiring a Note- isauing Bank to deposit securities or other value in respect of or the limiting of the amount of notes payable to bearer on demand which such bank shall issue shall not have been complied with in respect of such notes issued between 25th December, 1841 and 1st September, 1945 no bank shall be deemed to have infringed the provisions of auch Ordinance and woch notes sball be legal tender.**

Passed the Legislative Carmail this first day of thay 19

Obran

མ༩༥ ༢

Clever

여

Com asks

HONG KONG.

No. 3 of 1946.

I assent.

back bung.

Governor.

1st May, 1946.

An Ordinance to provide for the trial of offences committed during the British Military Administration.

[1st May, 1946.]

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 Administration of Justice (Transitional bork lik Provisions) Ordinance, 1946.

2. In this Ordinance "Summary Military Court" and "General Military Court" Interpratering shall have the meanings assigned to them respectively by the Military Courts Pro- clamation and "committal proceedings" shall have the meaning assigned to it by the said Proclamation and by the Rules of Procedure for the Standing Military Court made under Article 25 of the said Proclamation.

Proclamation

3. (1) Notwithstanding the repeal contained in Section 2 of the Law Amendment of ga

(Transitional Provisions) Ordinance, 1946, the Supreme Court and a Magis- of the Briti trate respectively shall have jurisdiction over any offence committed prior MLY to the enactment of such Ordinance against any of the Proclamations, ba Orders, Rules and Regulations thereby repealed.

4.

(2) Any such offence shall be punishable on conviction on indictment with the like punishment as could have been inflicted by the General Military Court and shall be punishable on summary convictión with twelve months imprisonment or a fine not exceeding $1,000.00,

All

buon rapualed.

Where any person has been charged before a Summary Military Court with Cases Dol any offence and has not been committed for trial to a General Military Court, then, un-matted t Jess the Summary Military Court shall have convicted acquitted or discharged such umplated. person, he shall be brought before a Magistrate as soon as may be after the enact- ment of this Ordinance, and the Magistrate shall proceed in accordance with the Magis- trates Ordinance, 1932, as though a complaint, Information or charge had been laid against such person in respect of the matters appearing in the charge laid before the Summary Military Court.

wherd Calend

5. Where any person has been committed for trial to a General Military Court Procedur without committal proceedings having been taken in the Summary Military Court, then, d unless the General Military Court shall have convicted acquitted or discharged such per il ritrat son, he shall as soon as may be after the enactment of this Ordinance be brought be-ordings. fore a Magistrate who shall proceed in like manner as if an information or charge for an indictable offence alleging the charges upon which accused was committed to the General Military Court had originally been laid before him,

G. (1) Where any person has been committed for trial to a General Military Court #12

by a Summary Military Court after the taking of committal proceedings Intell by such Summary Military Court, then, unless the General Military Court mittal shall have convicted acquitted or discharged such person, the Supreme Court shall have jurisdiction to try such person upon any charges con- tained in an indictment preferred by the Attorney General.

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