1949-HKRS29-8-16_Part02 — Page 28

Substitution

of Third

Schedule

To the

principal Ordinance.

Subɣúluțion

12

28. The Schedule to this Ordinanca is hereby substituted for the Third Schedule 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 except nu 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 Provided or to a fine uot exceeding one thousand dollars; that nothing in this sub-section shall affect the provisions of section 86.

(2) Whenever say person is accused before a permanont magistrate of any indictable offence except an 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.

Fa

The following section is hereby substituted for section 86 of of new section the principal Ordinance : for section 36

of the principal Ordinance.

Repeal of

and 89

sections 87

of the principal Ordinance.

Amendment

of section 91

of the

principal Orditance.

"Special

powers for Summary cial of certain indictable offences. Ordinance No, 2 of 1865.

31. repealed.

BR. 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 term 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 the substitution of the words "two thousand" for the words "two hundred and fifty" in the sixth line thereaf

13

33. Section 12 of the principal Ordinance is hereby amended by Amendment the substitution of the words "two hundred and fifty" "for the words of section ga

of the "one hundred" in the fourth and fifth lines thereof.

principal Ordinance.

M

34. Section A 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.

Amendment of section 94

Section 94 of the principal Ordinance is hereby amended- (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) prinsipal

Ordinance. thereof; and

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

*'Forfeiture

of articles in certain

'SIO

36. The following section is hereby substituted for section 20 of Substitucion the principal Ordinançė :-

of new section for secuian gf of che 20. Whenever any person is found by any police

principal officer or officer of the Sanitary Department hawking Ordinance. without 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, bowked and sold, and also the utensils, vessels or other paraphernalia in the apparent use of such offender, and the magistrute may, on conviction of the offender, order the forfeiture of all such goods, utensils, vessels and other paraplier- nalia in addition to or in substitution for any other fine or punishment which he may by law impose."'

37.

Amendment

of section 97

Section 97 of the principal Ordinance is hereby amended-

(a) by the repoal of sub-sections (2) and (3) thereof and of the

principal their replacement by the following sub-section:

Ordinance.

"(8) 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 surety 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 sad take his trial and will not deport the court without leave.";

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