1947-HKRS28-8-14_Part01 — Page 25

HONG KONG.

No. 18 or 1947.

I assent.

mark bening.

Governor.

21st March, 1947.

An Ordinance to enable capital punishment to be imposed in certain circumstances on persons taking part in armed robbery or assault with intent to rob where the death of & human being takes place in connection with the commission of such offences.

[21st March, 1947.]

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 Suppression of short title.

Hobbery Ordinance, 1947.

Capital

for Armed

Sunatances.

2. (1) If at the time of or immediately before or after or in escaping or attempting to escape after a robbery or posishment assault with intent to rob, violence resulting in the death of Robbery in human being is used by means of an offensive weapon by an e- any person committing or taking part in the commission of any such robbery or assault then whether or not there is any evidence of any common intention to use violence every person.committing or taking part in such robbery or assault with intent to rub shall be guilty of felony and on conviction thereof shall suffer death as a felon Provided that if any such person shall prove that he was not aware and had no reasonable grounds for helieving that any such offensive weapon was carried either by the person who used the violence resulting in death or by any other person taking part in the robbery or assault be shall not be guilty of an offence against this section.

(2) If on the trial of any indictment for an offence against subsection (1) of this section the Jury are of opinion that the defendant was not guilty of an offence under that subsection but was guilty of an offense under section 40 of the Larceny Ordinance, 1985, the Jury may find Ordinance him guilty of such offence under section 40 of the Larceny 1935. Ordinance. 1935 and thereupon he shall be liable to be punished accordingly.

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