1972-HKRS28-16-20_Part02 — Page 6

Addition of new section

35A.

4. The principal Ordinance is amended by adding, after section 35, the following new section—

"Court may take into considera- tion out- standing offences on application of accused and consent of prose" cution.

(Cap. 2173

Amendment of section 36.

5.

Repeal of

section 41.

Amendment of

Second Schedule.

35A. (1) Where an accused person is convicted of an offence, the Court may, on the application of the person convicted and with the consent of the pros- ecution, in passing sentence on such person take into consideration any other offence of a similar nature which the convicted person admits having committed and which he desires the Court to deal with.

(2) Under subsection (1) the Court may take into consideration any indictable offence not included in any of the categories specified in Part III of the Second Schedule to the Magistrates Ordinance and, notwithstanding the' provisions of this or any other Ordinance, any offence triable summarily only.",

Section 36 of the principal Ordinance is amended- (a) in subsection (2), by deleting in proviso (b) "shall be

without hard labour and";

(b) in subsection (3)—

(i) by deleting proviso (a); and

(ii) by deleting in proviso (b) "no such term of im- prisonment and substituting the following-

"no term of imprisonment imposed in default of payment of a fine"; and

(c) by inserting, after subsection (3), the following new sub-

section-

6.

*(3A) The Court may, where it imposes a term of imprisonment on a person in default of payment of a fine, order that it shall not begin to run until the expiration of any other term of imprisonment to which that person has been sentenced, and for this purpose the Court may make a direction under subsection (1) notwithstanding that the aggregate of the terms of imprisonment exceeds the maximum period of five years which the Court has power to impose under proviso (a) to subsection (2)."

Section 41 of the principal Ordinance is repealed.

7. The Second Schedule to the principal Ordinance is amended, in Part I, by deleting "16,”.

3

8. The Indictment Rules are amended by inserting, after rule 1. the following-

"Charges for offences may be joined in

indictment.

1A. Charges for any offences, whether felonies or misdemeanours, may be joined in the same indict- ment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.".

Passed by the Hong Kong Legislative Council this 26th day of April, 1972.

Clerk to The Legislative Council.

This printed impression has been carefully compared

by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk to the Legislative Council.

Amendment of Indictment Rules.

(Cap. 211, muti, les.)