1949-HKRS28-8-16_Part02 — Page 30

Authenticated Laws 確真本香港法例 All

Amendment

on grounds of public health or otherwise howsoever, unlawful, dangerous or impracticable that it be retained in police custody or disposed of in such manner including destruction, as the magistrate may direct: Provided that no such order shall be made either under paragraph (a) or paragraph (b) unless the magistrate is satisfied that the property will not be required us an exhibit in any further proceedings before à magistrate or before the Supreme Court and is not perishable and no such order shall be made until ten days after the determination of such trial and that, if in the meanwhile an appeal has been lodged under section 100 or section 108, no such order shall be made until any such appeal has been determined or abandoned.

(2) Where an order for sale has been male under the preceding sub-section, the rights of any person in the property ordered to be sold shall be extinguished in favour of the Crown, but be shall, until the expiration of six months from the time when auch property came into the hands of the police, have a corresponding interest in the proceeds of sale. Upon the expiration of such period of six months then subject to any order made by a magistrata under sub-section (8) pursuant to an appli- cation lodged before the expiration of such period the proceeds of sale shall be forfeited to the Crown and sball be paid into general revenue.

(3) A magistrata may upon application by a person claiming a right in the proceeds of sule order that such proceeds or the portion thereof to which a right bas been established shall be paid to the person establishing such right.

(4) Where the retention or disposal of property ie ordered under paragraph (6) of sub-section (1), the order shall not affect the right of any person to take within six months from the date of the order legal pro- ceedings against any person in possession of property delivered to him by virtue of such order, but on the expiration of those six months the right shall cease.

(5) Where by any other enactment it is pro- vided that any particular property or class of property should or may be forfeited, destroyed or disposed of, then the provisions of such enactment shall prevail.

17. Section 44 of the principal Ordinance is hereby amended by of section 44 the substitution of the words "five hundred dollars" for the last three

words thereof.

of the

principal

Ordinance.

Subsciption

18. The following section is bereby substituted for section 51 of

of new section the principal Ordinance :—

for section $I

of the

principal Ordinance.

"Consecutive sentences of imprison-

meat.

51. Where a term of imprisonment is imposed by a mugistrate, either in the first instance or in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, the magistrate may order

+

19.

that the said term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court; Pro- vided that where two or more terms of imprisonment imposed by a magistrate are ordered to run consecutively the aggregate of the said terms of imprisonment shall not, in the case of a special magistrate, exceed twelve months and in the case of a permanent magistrato exceed three years.

Sub-section (2) of section 51 of the principal Ordinance is Amendment hereby amended by the substitution of the words "one hundred" for of sub-

duction (2) the words "twenty-five" in the second line thereof,

of section 54 of the principal Ordinance.

20.

The following scule is bereby substituted for the senle get Substitution fortli in section 62 of the principal Ordinance :-

"Where the amount

does not exceed $20

oxceeds $30 but does not exceed $50

the period of imprisonment shall not exceed→→ 7 days

14

#

**

$50 $100.

11

**

".

" ។

Jr

ΤΙ

$600

>>

J

$100.

$500.

$1,000

1 month

3 months

*

**

$1,000

B *

of scale in section 62

of the

Principal

Ordinance.

21. Section 65 of the principal Ordinance is hereby amended by Amendment The substitution of the word "fifty" for the word "five" wherever the of section 63 same appears.

of the

principal Ordinance.

22. Sub-section (1) of section 65 of the principal Ordinance is Amendment hereby amended by the substitution of the word "twenty for the of section 65 word "two" in the second line thereof.

23,

of the

principal Ordinance.

of section 73

Section 73 of the principal Ordinance is hereby amended- Amendment (c) by the insertion of the words "unless the person of the remanded and the prosecutor consent" after the words "not exceeding" principal

Ordinance. in the ninth line of sub-section (1); and

(cf. 45

(2).]

(6) by substituting for the figure "2" immediately following Geo. 5, 5.58, sub-section (1) the figure ""; and

(c) by the insertion of a new sub-section (2) as follows:- **(2) A magistrate, on being satisfied that a person accused of any offence who has been remanded is by reason of illness or accident unable at the expiration of the period for which he was remanded to appear personally before the magistrate, may, in the absence of the accused person, order him to be further remanded for such time as may be deemed reasonable."*

[cf. 4 & 5 Geo. 5. 4.58.

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