1955-HKRS29-8-22_Part01 — Page 5

J

Amendment

of section

28.

Amendment

of section 344.

Repeal and replace

ment of

acetion 98.

Repeal and replace- ment of gestion 110.

Amendment

of section

116,

3. Section 28 of the principal Ordinance is amended by the addition thereto of the following new subsection-

“Summary Jurisdiction

(3) Such convictions and orders shall not be Rules, 1915, drawn up unless for an appeal or some other legal

purpose.

r. 53.

4. Subsection (1) of section 34 of the principal Ordinance is amended by the deletion from the side-note thereof of the Following-

**Rules.

Form 60."

5. Section 98 of the principal Ordinance is repealed and replaced by the following section~~

"Imprison- ment for non-pay- ment of a pecuniary penalty or amends awarded for au Affence under the Ordinance or any other en- aclment.

A.

98. Whenever a magistrate awards a pecuniary penalty or amends for an offence under this or any other enactment and the same is not paid forthwith, the magistrate may, in the absence of express provision to the contrary in any such enactment, commit the offender to prison with or without hard-labour in accordance with the provisions of section 67 :

Provided that where the enactment creating the offence lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment awarded under this section shall not exceed such a term."

Section 110 of the principal Ordinance is repeated and replaced by the following section-

"Compelling 110. Where & magistrate refuses to state a case magistrate or amend the case stated, the judge of the court may, on the application of the person who applied for a

to state

or amend

a case.

Jef. 16 & 16 case to be stated or the case stated to be amended, make an order of mandamus requiring the magistrate to state a case or amend the case stated."

Geo. 6 &

1 Eliz. 2

c. 55.

*. 87(6)).

T.

Section 116 of the principal Ordinance is amended by the deletion from the last line of paragraph (c) in subsection (1) of the words "for the case of persons awaiting trial".

of section

8. Section 120 of the principal Ordinance is amended by Amendment the deletion from the fifth line in subsection (2) of the words 120. "a person awaiting trial" and the substitution therefor of the following-

"(Schedule an appellant under rule 209 of the Prison Rules, to Ordin- ance No. 17 1954".

of 1954).

9. Section 124 of the principal Ordinance is amended by Amendment being re-numbered subsection (1) of section 124 and by the of section addition of the following new subsections-

"(2) In any action under this section it shall be a good defence that the act complained of was not done maliciously and without reasonable and probable cause, and the onus of proving the same shall rest with the magistrate.

(3) Save under and in accordance with the provisions of this section no action shall be in any civil court against a magistrate for any act done in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction."

Passed the Legislative Council of Hong Kong, of January, 1955-

(Secretariat 9/3231/53}

26th day

Deputy Clerk of Councils.

124.