1961-HKRS29-8-28_Part04 — Page 9

Addition

of Third Schedule.

4.

2

letter addressed to the magistrate, the magistrate may in bis discretion in lieu of proceeding under the foregoing provisions of this section enter a plea of guilty and deal with the case in like manner, including the reading in open court of the letter containing the plea, mutatis mutandis as if the defendant had appeared before him in person and pleaded guilty:

Provided that the magistrate shall not impose in respect of such offence any fine exceeding five hundred dollars or any term of imprisonment.

(6) In every case in which the procedure prescribed by subsection (5) is applicable the summons shall contain a footnote or endorsement in the following terms-

"By virtue of subsection (5) of section 18 of the Magistrates Ordinance (Chapter 227 of the Revised Edition of the Laws of Hong Kong) a magistrate may in his discretion accept a plea of guilty contained in a letter addressed to him and atay: Whereupon impose such penalty as the law provides for the offence to which the defendant has pleaded guilty but shall not impose any fine exceeding five hundred dollars or any term of imprisonment, if the defendant decides to take this course he may if he chooses mention in such letter any facts which he thinks mitigate the offence. The magistrate has a complete discretion as to whether the defendant should be required to attend and plead personally and if the statement of facts (if any) in mitigation is disputed by the prosecution at the hearing of the summons this may lead to the personal appear- ance of the defendant being required.”.

(7) The Legislative Council may by resolution add to, alter or amend the Third Schedule.".

The principal Ordinance is amended by the addition after the Second Schedule of the following-

(Cam. 223)

"THIRD SCHEDULE,

Offences to which defendant may plead guilty by letter.

1. Summary Offences.

2.

(Vol. X, p. 209).

(s. 18.]

Any offence against subsection (4) or (11) of section 3 or subsection (1) of section 12 of the Summary Offences Ordinance.

Dogs and Cats.

Any offence against regulation 3 or 21 of the Dogs and Cats Régulations.

(ÖLN.A. BI156).

(O.N.A. BI56).

(GLN.A. 106/56).

COLN.A. TU57).

(ONJA, TI/58),

(GUNA NIG/59).

(ONCA. 129/61).

(G.NA, 107/60).

3.

Road Traffic.

3

Any offence against the Road Traffic (Driving Licences) Regulations, 1956.

Any offence against the Road Traffic (Registration and Licensing of Vehicles) Regulations, 1956.

Any offence against regulation 108 or 143 of the Road Traffic (Construction and Use) Regulations, 1956.

Any offence against the Road Traffic (Road Crossing) Regulations, 1957.

Any offence against paragraph (1) or (2) of regulation 3, paragraph (1) or (2) of regulation 6 or paragraph (1) of regula- tion 13 of the Road Traffic (Parking and Waiting) Regulations,

1958.

Any offence against regulation 18 of the Road Traffic (Roads and Signs) Regulations, 1959.

Any offence against the Road Trafße (General) Regula- tions. 1961.

Public Health and Dirban Services.

Any offence against by-law 9 of the Public Market By- Jawa, 1960.".

5. (1) The Administration of Justice (Summary Offences) Ordin- Repeal and ance, 1955 is repealed.

revocation. (52 of 1955).

(2) The resolution made and passed by the Legislative Council on the 19th day of August, 1959, and published as Gazette Notification No. A. 53 of 1959 is revoked.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 27th day of December, 1961, and is found by me to be a true and correctly printed copy of the said Bill.

(Secretariat GR9/3231/53)

Deputy Clerk of Councils.

(ON.A. 53/59).