1970-HKRS29-8-37_Part05 — Page 42

Amendment of section 20.

Addition of

now section

26A.

2

(b) in paragraph (b) of subsection (2), by deleting "commits"

and substituting the following-

3.

"is accused of".

Section 20 of the principal Ordinance is amended by adding, after subsection (1), the following new subsection-

"(1A) A magistrate may, on being satisfied that a person accused of an offence triable summarily is by reason of illness or accident unable to appear personally before a magistrate-

(a) visit the defendant and in his presence exercise any of the powers conferred by subsection (1); or

exercise such powers in the absence of the defendant if, in the opinion of the magistrate, it is not practicable for him to visit the defendant.”.

(6)

4. The principal Ordinance is amended by adding, after section 26, the following new section-

"Limitation of time in respect of certain Summary offences

concerning uviation. (App. II, DAŬI

(cf. 1948,

2. 61, ▲, 23.1

(App. T. p. LD

26A. (1) Notwithstanding section 26, in the case of an offence (other than an indictable offence) against any Order in Council in force under section 8 of the Civil Aviation Act 1949 as applied to Hong Kong by Article 3 of the Colonial Civil Aviation (Application of Act) Orders 1952 to 1965, or against any regula- tions made under such an Order in Council, a com- plaint may be made or an information may be laid in respect of the offence within twelve months from the commission of the offence, if-

(0) it was committed in connexion with the flight of an aircraft in the course of which an accident occurred; and

(b) mot more than six months after the commis-

sion of the offence-

(i) public notice has been given that an investigation into the accident is being carried out in accordance with the Hong Kong Air Navigation (Investigation of Accidents) Regulations; or

(ii) the Governor has directed under regulation 10 of the Hong Kong Air Naviga- tion (Investigation of Accidents) Regulations that a public inquiry into the accident be held in accordance with those regulations.

L

3

(2) The fact that any direction referred to in sub-paragraph (ii) of paragraph (b) of subsection (1) has been given on any date may be proved by the production of a certificate to that effect purporting to be signed by the Colonial Secretary.

(3) For the purposes of this scotion-

(a) the flight of an aircraft shall include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and

(b) "accident" includes any fortuitous or un- expected event by which the safety of an aircraft or any person is threatened.".

5. Section 79 of the principal Ordinance is amended by deleting subsection (2) and substituting the following-

“(2) A magistrate may, on being satisfied that a person accused of an indictable offence is by reason of illness or accident unable to appear personally before a magistrato—

G.

(a) visit the accused and in his presence exercise any of

the powers conferred by subsection (1); or

(b) exercise such powers in the absence of the accused if, in the opinion of the magistrate, it is not practi- cable for him to visit the accused.".

The Second Schedule to the principal Ordinance is amended, in item 2 of Part I, by deleting "(except aggravated burglary, robbery and assault with intent to rob)" and substituting the following-

"(except an offence against section 10 or 12 of the Theft Ordinance 1970)".

Passed by the Hong Kong Legislative Council this 4th day of November, 1970.

Clerk to the Legislative Council.

Amendment of section 79.

Amendment of Second Schedule.