1958-HKRS28-8-25_Part02 — Page 51

"TIME

Amend- ment of

8. Section 12 of the principal Ordinance is amended by the section 112, deletion of paragraph (c) and the substitution therefor of the

Repeal and replace- ment of section 128,

Repeal and replace- ment of section 131.

following-

Rules, Form 87.

"(c) the appellant shall after giving notice of appeal

to the magistrate's clerk and within fifteen days after the day of his conviction or the order or determination---

(i) enter into a recognizance in the sum of two hundred and fifty dollars, unless a magis- trate otherwise orders, conditioned to prosecute his appeal with diligence, to abide by and duly perform the order of the judge or of the Full Court and to pay such costs as may be awarded by the judge or by the Full Court; or

(i) with the magistrate's consent, as respects the whole or any part of such suoi or any other sum so fixed, give as security for the fulfilment of the conditions prescribed for a recognizance under sub-paragraph (1) such other security, by deposit of money with the magistrate's clerk, or otherwise, as the magistrate may deem sufficient.".

9. Section 126 of the principal Ordinance is repealed and replaced by the following-

to do not and immunity

"Compelling 126. In all cases where a magistrate refuses to do magistrate

any act relating to the duties of his office, it shall be lawful for the party requiring the act to be done to apply to the Supreme Court for an order of mandamus, and if the court make the order, no action or proceed- ing whatsoever shall be commenced or prosecuted and Second against the magistrate for having obeyed the order.".

for doing it. 1 & 2 Geo, 6. c.83. 8.1901)

Schedule.

10. Section 131 of the principal Ordinance is repealed and replaced by the following-

**Rules

and First

Schedule.

131. It shall be lawful for the Governor in Council

(a) to make rules for carrying into effect this Ordinance, and with regard to any malter ancillary thereto; and

(b) by order to amend the First Schedule.".

"FIRST SCHEDULE.

Ordinance.

of new First Schedulc.

11. The principal Ordinance is amended by the addition, Addition after section 132, of the following new Schedule-

Iten.

[a. 8.] Chapter or No. & Year.

1.

Public Health (Sanitation) Ordinance, 1835.

No. 15 of 1935.

Dutiable Commodities Ordinance.

Chapter 109.

3.

Miscellaneous Licences Ordinance.

Chapter 114.

4.

Public Health (Food) Ordinance

Chapter 140.

5.

Marine Stores Protection Ordinance.

Chapter 143.

G.

Gambling Ordinance.

Chapter 148.

7.

Hawkers Ordinance.

Chapter 157.

$.

Pawnbrokers Ordinance.

Chapter 166.

શ્રી.

Dogs and Cats Ordinance.

Chapter 167.

10.

Places of Public Entertainment Ordinance.

Chapter 172.

11.

Summary Offences Ordinance.

Chapter 228.

12.

Road Traffe Ordinance, 1967,

No. 39 of 1967/".

12. The Schedule to the principal Ordinance is amended by the deletion of the heading "SCHEDULE" and the substitution therefor of the following-

SECOND SCHEDULE.”.

Amend ment of Schedule to principal Ordinance.

13. The sections of the principal Ordinance and the Parts Amend- of the Schedule thereto enumerated in the first column of the meat of Schedule to this Ordinance are amended by the deletion of the Ordinance.

principal

commas and words respectively shown in the second column of Schedule the Schedule to this Ordinance.

to this Ordinance.

previous

14. Any appointment made under subsection (1) of section 5 Valida- of the principal Ordinance, before the coming into operation of tion of this Ordinance and expressed to have retrospective effect shall be retrosper- as valid and effectual for all purposes as if it had been made live

appoint- under section 5 of the principal Ordinance as amended by ments. section 2 of this Ordinance,

SCHEDULE.

[ 13.]

Section or Park.

Deletions.

21(4)

without hard labour,".

N

35(4)

"without hard labour".

39(2)

", without hard labour,”.

50

11 with or without hard labour,”,