1971-HKRS29-8-38_Part01 — Page 37

Repeal of

sections 43, 60, 61, 62 and 65.

Addition of

new section 124.

Addition of

new Third Schedule.

Interpreta- tion.

Third Schedule.

Duration.

16

of any condition imposed on him by a court under paragraph (a) of subsection (3) of section 109B, he shall be liable to be dealt with as if, during such period, he had been convicted of an offence punish- able with imprisonment.

1096. In sections 1098, 1090, 1990, 109E and

109F "court" includes a District Court and a magistrate: "excepted offence" means an offence declared to be

an excepted offence by the Third Schedule; "operational period". in relation to a suspended sentence, means the period specified in an order made under subsection (1) of section 1098.

109H. Sections 1098, 109C, 109D, 109E. 109F. 1090 and this section shall expire on the 31st day of December 1973 or on such other later date as the Legislative Council may, by resolution, appoint.”.

12. Sections 43, 60, 61, 62 and 65 of the principal Ordinance are repealed.

12A. The principal Ordinance is amended by adding, after section 123, the following new section--

"Amendment 124. The Legislative Council may, by resolution.

from time to time amend the Third Schedule.”. Schedule.

of Third

128. The principal Ordinance is amended by adding, after the Second Schedule, the following new Schedule-

"THIRD SCHEDULE. [sa. 109A, 1990 & 124.]

EXCEPTED OFFENCES.

The following offences are declared to be excepted offences——

I.

Manslaughter.

2.

Rape or attempted rape.

3.

Affray.

(Cap. 114.1

4.

Any offence against section 4. 5, or 6 of the Dangerous Drugs Ordinence.

5. Any offence contrary to section 10, 11, 12, 13, 14, 17, 19, 20, 21, 22, 23, 28, 29, 30, 36 or 42 of the Offences against the Person Ordinance.

6. Any offence or attempted offence against section 7 of the Protection

of Women and Juveniles Ordinance.

(Cap. 312.)

(Cap. 213.)

(Cap. 30%.)

7.

Any offence against section 4 of the Arms and Ammunition Ordinance.

01 at 1970.1

R.

Any offence against section 10 or 12 of the Theft Ordinance.",

17

13. The Ordinances specified in the second column of the Schedule are amended to the extent and in the manner set out in the third column of the Schedule.

14. On an information, charge or indictment signed before the commencement of this Ordinance, a person may be found guilty of any offence of which he could have been found guilty on that information, charge or indictment if this Ordinance had not been enacted, but not of any other offence.

SCHEDULE.

CONSEQUENTIAL. AMENDMENTS.

Short title or citation,

1. Importation and Ex- portation (Registration of Imports and Exports) Regulations.

2. Preservatives in Food

Regulations,

3. Dangerous Drugs

Ordinance.

4. Registration of Persons

Regulations.

5. Offences against the

Person Ordinance.

Amendment.

[a. 13.]

Regulations 4(6), 5(6), 8(2) and (3), 10(5) and 11(4) and (5) are amended by deleting burden of proof whereof shall be upon him)" in each case where that phrase

occurs.

Regulation 7 is revoked,

Section 49 is repealed.

Regulation 25 is amended by deleting para- graph (1) of the proviso,

Add, after section 8, the following-

**Alternative verdict.

Jef. 1957, c. 58. 1. 6.)

(p. 2213

BA. On an indictment for murder a person found not guilty of murder may be found guilty of-

(a) any offence of which he may be found guilty under any Ordinance specifically so provid- ing, or under subscc- tion (2) of section 51 or subsection (2) of section 90 of the Criminal Procedure Ordinance; or

ΕΠ

(b) an attempt to commit

murder, Or attempt to commit aay other offence of which be may be found guilty.",

Consequential amendments. Schedule.

Transitional.

1967, C, D. L. 123).

(Cap, 50, aut. ker.)

(Cap. 132, rub, la,)

(Cap 10

(Cap. 177, sub. lat.)

(Cap. 11)