1946-HKRS28-8-13_Part01 — Page 18

TONG KONG.

No. 5 of 1946.

I assent.

wank Young.

Governor.

17th May, 1946.

An Ordinance temporarily to vest increased powers in Police Magistrates.

17th May, 1946.|

HE 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 Powers of Magistrates (Emer- gency) Ordinance, 1946.

2. The Magistrates Ordinance, 1932, is amended-

(1) in section 51 by the substitution of the words "three years" for the worda "twelve months" in the last line;

(2) in section 84 (1) by the substitution of the words "two years and to a fine not exceeding two thousand dollars" for the words "six months or to a fine not exceeding two hundred and fifty dollars" in the seventh and eighth lines;

(3) in section 86 by the substitution of the words "two years" for the words "one year" in the sixth line and by the substitution of the words "three years” for the words "two years" in the eleventh line;

(4) in the Third Schedule (as amended by the Bankruptcy and Magistrates Amendment Ordinance, 1933 and the Larceny Ordinance, 1935) by the repeal of paragraphs 7, 8, 11, 12, 13, 14, 15 and 16.

*. The increased powers exercisable by a magistrate in consequence of the amendments hereby effected to the Magistrates Ordinance, 1932, shall only be cxercised-

4.

(a) by a Magistrate who has been certified by the Chief Justice by notifica- tion in the Gazette to possess the necessary professional qualifications and experience for the exercise of such powers; and

(b) during the validity of any such notification which shall be valid for such period as the Chief Justice shall specify and which he is hereby empower- ed to revoke at any time.

This Ordinance shall cease to have effect as from such day as the Governor- in-Council may on the recommendation of the Chief Justice by Order published in the Gazette specify: Provided that the expiration of this Ordinance shall not affect any penalty or punishment previously imposed by a Magistrate or the pre- vious exercise by such Magistrate of any jurisdiction exercisable by virtue of this Ordinance and provided also that if in any proceedings pending before a magistrate at auch expiration a plea of guilty shall have been recorded or the magistrate shall have commenced to hear the evidence, then the magistrate may for the purpose of any such proceedings exercise the same jurisdiction and impose the same penalties and punishment as would have been applicable if this Ordinance had not "expired.

Passed the Legislative Council of Hong Kong, this 17th day of May, 1946.

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Clerk of Councils.