1971-HKRS28-8-38_Part01 — Page 34

Penalties for

concealing offences 1967, c. $8.

10

bim guilty of any offence under subsection (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence).

(3) A person guilty of an offence under sub- section (1) shall be liable-

(a) on conviction on indictment, to imprison-

ment for ten years; or

(b) on summary conviction, to a fine of five thousand dollars and to imprisonment for two years.

(4) No proceedings shall be instituted for an offence under subsection (1) except with the consent of the Attorney General.

(S) Nothing in subsection (4) shall prevent the arrest, or the issue of a warrant for the arrest, of any person for an offence under subsection (1), or the remand in custody or on bail of a person charged with such an offence.

91. (1) If a person has committed an arrestable offence, any other person who, knowing or believing that the offence or some other arrestable offence has been committed, and that he has information which might be of material assistance in securing the prose- cution or conviction of an offender for it, accepts or agrees to accept for not disclosing that information any consideration shall be guilty of an offence and shall be liable on conviction on indictment to im- prisonment for two years.

(2) If a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any person or property, or tending to show that he has information material to any police inquiry he shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for six months.

(3) No prosecution shall be instituted for an offence under subsection (1) except with the consent of the Attorney General.

(4) The compounding of an offence other than treason shall not be an offence otherwise than under this section.

11

(5) The offence of misprision of felony is hereby abolished."

8. The principal Ordinance is amended in Part VI by adding. before the subheading "Ownership of property." the following new section-

Negative avcriments.

"Negative averments,

94A. (1) It shall not be necessary in an indict- ment, charge, complaint or information alleging an offence to negative any exception or exemption from or qualification to the operation of the law creating the offence.

(2) For the avoidance of doubt it is hereby declared that in criminal proceedings-

(a) it is not necessary for the prosecution to negative by evidence any matter to which this subsection applies; and

(b) the burden of proving the same lies on the person seeking to avail himself thereof.

(3) This section applies to criminal proceedings in the District Court or a magistrate's court.

(4) The matters to which subsection (2) applies are any licence, permit, certificate, authorization, permission, lawful or reasonable authority, purpose, cause or excuse, exception, exemption, qualification or other similar matter.".

9. Section 101 of the principal Ordinance is amended by deleting subsection (1).

10. The principal Ordinance is amended by adding, after section 101, the following new section-

"Use of force in making arrest etc.

1967, c. 18,

101A. (1) A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons un- lawfully at large.

(2) Subsection (1) shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.".

Addition of

new section 94A.

Amendment of section 101,

Addition of new section 101A.