1949-HKRS28-8-16_Part02 — Page 32

Substitution

of Third

Schedule

the

principal Ordinance.

Subsúlurina

12

28. The Schedule to this Ordinance is hereby substituted for the Third Sobedule to the principal Ordinance.

29.

The following section is hereby substituted for section 84 of

of new section the principal Ordinance :—— for section Ba

of the principal

Ordinance.

Substitution

**Indictable

offences

which may be dealt with summarily.

30.

84. (1) Whenever any person is accused before a special magialzate of any indictable offence oxcept au offence specified in the Third Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for any term not exceeding six months or to a fine uot exceeding one thousand dollars: Provided that nothing in this sub-section shall affect the provisions of neetion 88.

(2) Whenever any person is accused before a permanont magistrate of any indictable offence except un offence specified in the first part of the Third Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for any term not exceeding two years or to a fine not exceeding two thousand dollars Provided that nothing in this sub-section shall affect any greater punishment specifically provided for in any other Ordinance.'

tu

The following section is hereby substituted for section 26 of of new section the principal Ordinance :—

for section BE

of the principal Ordinance.

Repeal of

"Special powers for Summary trial of Gertain indictable offences. Ordinance Ne, 2 of 1865.

31.

sections 87 repealed.

and 89

of the

principal

Ordinance.

Amendment

BA.

Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 44 and 45 of the Offences against the Person Ordinance, 1885, it shall be lawful for a special magistrate to hear the case and convict the accused summarily and to sentence him to imprisonment for any terra not exceeding one year or to commit the accused for trial before the court."

Sections 87 and 88 of the principal Ordinance are bereby

32. Section 91 of the principal Ordinance is hereby amended by of section 91 the substitution of the words "two thousand" for the words "two of the

hundred and fifty" in the sixth line thereof.

priosipal

Ordinance.

13

of the

33. Section 02 of the principal Ordinance is hereby amended by Amendment the substitution of the words "two hundred and fifty for the words of section ga "one hundred" in the fourth and fifth lines thereof.

principal Ordinance.

34. Section AB of the principal Ordinance is hereby amended by Amendment the substitution of the words "five hundred" for the word "fifty" in of section 93 the lust line thereof.

35.

of dic

principal Ordinance.

of section 94

Section 04 of the principal Ordinance is hereby amended- Amcodment (a) by the substitution of the words "wo hundred and of the fifty" for the words "one hundred' in the fifth line of sub-section (1) principal

Ordinance. thereof; and

worda

(b) by the substitution of the words "five hundred" for the ‘one hundred" in the Inst line of sub-section (2) thereof.

36. The following section is hereby substituted for section 90 of Substitution the principal Ordinance :—

**Forfciture of articles in certain

37.

of new section for secuen gö of the

9G. Whenever any person is found by any polica

principal officer or officer of the Sanitary Department hawking Ordinance, williart a licence, or committing an offence against any Ordinance relating to markets, or causing any obstruction by hawking in a public thoroughfare, such officer is hereby empowered to convey or cause to be conveyed before » magistrate all the articles being displayed, hawked und gold, and also the utensils, vessels or other paraphernalia in the apparent use of such offender, and the magistrate may, on conviction of the offender, order the forfeiture of all Buch goods, utensils, vessels and other parapher- malia in addition to or in substitution for any other fine or punishment which he may by law impose."

Amendment

Section 97 of the principal Ordinance is hereby amended-

(a) by the repeal of sub-sections (3) and (8) thereof and of the their replacement by the following sub-section

**(2) Subject to the provisions of sub-section (1) where a person is charged with an indictable offence a magistrate may in his discretion admit the accused to bail, on his procuring or producing such suraty or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence and thereupon the magistrate shull take the recognizance of the accused and his surety or sureties conditioned for the appearance of the accused at the time and place of trial and that he will then surrender and take his trial and will not deport the court without leave.";

(b) by the repeal of sub-section (7) thereof.

of section 97

principal Ordinance.